The Supreme Court And Benign Elite Democracy In Japan

Author: Hiroshi Itoh
Publisher: Routledge
ISBN: 1317014588
Size: 71.26 MB
Format: PDF, Docs
View: 286
Download
The Constitution of Japan has served the country for more than half a century, creating and maintaining a stable and functional democratic system. This book innovatively interprets Japanese politics as a ‘benign elite democracy’ whilst demonstrating the Supreme Court's vital contribution to the political structure. In The Supreme Court and Benign Elite Democracy in Japan, Hiroshi Itoh presents the first empirical study of judicial decision making under Japan's Constitution. He examines the Supreme Court’s records regarding the protection of civil rights and liberties, the preservation of the conformity of lower levels of laws and regulations to the Constitution, and the maintenance of the Court's relationships to the political branches. The analysis of these three aspects of constitutional litigation reveal how the Supreme Court contributes to the efficacy of constitutional democracy by keeping the system adaptable to the ever-changing environment in and around Japan.

Social And Political Foundations Of Constitutions

Author: Denis J. Galligan
Publisher: Cambridge University Press
ISBN: 1107032881
Size: 53.72 MB
Format: PDF
View: 1759
Download
This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.

The Scope And Structure Of Civil Codes

Author: Julio César Rivera
Publisher: Springer Science & Business Media
ISBN: 9400779429
Size: 12.73 MB
Format: PDF, ePub
View: 2667
Download
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

Legal Innovations In Asia

Author: John O. Haley
Publisher: Edward Elgar Publishing
ISBN: 1783472790
Size: 46.53 MB
Format: PDF, Docs
View: 2685
Download
Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intelle

Embracing Defeat

Author: John W. Dower
Publisher: W. W. Norton & Company
ISBN: 9780393320275
Size: 44.92 MB
Format: PDF, ePub
View: 3207
Download
Chronicles the events that took place in Japan at the end of World War II and explores the effects they have had on the development and shaping of the Japanese society, from immediately after the war to the present day. Reprint. 40,000 first printing.

Injustices

Author: Ian Millhiser
Publisher: Nation Books
ISBN: 1568585853
Size: 24.32 MB
Format: PDF, ePub, Mobi
View: 1120
Download
Now with a new epilogue. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution’s promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren’t for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people’s elected representatives, and has bent the arc of American history away from justice.

The Future Of Freedom Illiberal Democracy At Home And Abroad Revised Edition

Author: Fareed Zakaria
Publisher: W. W. Norton & Company
ISBN: 9780393069396
Size: 40.61 MB
Format: PDF, ePub
View: 1881
Download
“A work of tremendous originality and insight. ... Makes you see the world differently.”—Washington Post Translated into twenty languages ?The Future of Freedom ?is a modern classic that uses historical analysis to shed light on the present, examining how democracy has changed our politics, economies, and social relations. Prescient in laying out the distinction between democracy and liberty, the book contains a new afterword on the United States's occupation of Iraq and a wide-ranging update of the book's themes.

Syndromes Of Corruption

Author: Michael Johnston
Publisher: Cambridge University Press
ISBN: 9781139448451
Size: 45.35 MB
Format: PDF, Kindle
View: 654
Download
Corruption is a threat to democracy and economic development in many societies. It arises in the ways people pursue, use and exchange wealth and power, and in the strength or weakness of the state, political and social institutions that sustain and restrain those processes. Differences in these factors, Michael Johnston argues, give rise to four major syndromes of corruption: Influence Markets, Elite Cartels, Oligarchs and Clans, and Official Moguls. In this 2005 book, Johnston uses statistical measures to identify societies in each group, and case studies to show that the expected syndromes do arise. Countries studied include the United States, Japan and Germany (Influence Markets); Italy, Korea and Botswana (Elite Cartels); Russia, the Philippines and Mexico (Oligarchs and Clans); and China, Kenya, and Indonesia (Offical Moguls). A concluding chapter explores reform, emphasising the ways familiar measures should be applied - or withheld, lest they do harm - with an emphasis upon the value of 'deep democratisation'.

The Strong And The Weak In Japanese Literature

Author: Fuminobu Murakami
Publisher: Routledge
ISBN: 1136970517
Size: 62.93 MB
Format: PDF, ePub, Mobi
View: 2073
Download
This book uses texts from classical to modern Japanese literature to examine concepts of 'respect for the strong', as a notion of an evolutionary society, and 'sympathy for the weak', as a notion of a non-violent and changeless egalitarian society. The term strong refers not just to those with strength and power. It also includes other ideal attributes such as beauty, youth and goodness. Similarly, the term weak implies not only the weak and infirm, but also the disadvantaged, the indecent, the unsophisticated and those generally shunned by society. The former are associated not only with the power of life, competition, evolution, progress, development, ability, effectiveness, efficiency, individuality, the future, hope and romance, but also with violence, fighting, bullying, discrimination and sacrifice. The latter, in contrast, invoke notions of peace, egalitarianism, anti-discrimination and welfare, as well as stagnation, retreat, retrogression, degeneration and the decline of vital powers. By using these two concepts Murakami skillfully weaves a narrative that is part literary criticism, part social commentary. As such the book will be of huge interest to not only scholars and students of Japanese literature, but also those of Japanese society and culture.

Hirohito And The Making Of Modern Japan

Author: Herbert P. Bix
Publisher: Harper Collins
ISBN: 9780061860478
Size: 77.58 MB
Format: PDF, Mobi
View: 4694
Download
Winner of the Pulitzer Prize In this groundbreaking biography of the Japanese emperor Hirohito, Herbert P. Bix offers the first complete, unvarnished look at the enigmatic leader whose sixty-three-year reign ushered Japan into the modern world. Never before has the full life of this controversial figure been revealed with such clarity and vividness. Bix shows what it was like to be trained from birth for a lone position at the apex of the nation's political hierarchy and as a revered symbol of divine status. Influenced by an unusual combination of the Japanese imperial tradition and a modern scientific worldview, the young emperor gradually evolves into his preeminent role, aligning himself with the growing ultranationalist movement, perpetuating a cult of religious emperor worship, resisting attempts to curb his power, and all the while burnishing his image as a reluctant, passive monarch. Here we see Hirohito as he truly was: a man of strong will and real authority. Supported by a vast array of previously untapped primary documents, Hirohito and the Making of Modern Japan is perhaps most illuminating in lifting the veil on the mythology surrounding the emperor's impact on the world stage. Focusing closely on Hirohito's interactions with his advisers and successive Japanese governments, Bix sheds new light on the causes of the China War in 1937 and the start of the Asia-Pacific War in 1941. And while conventional wisdom has had it that the nation's increasing foreign aggression was driven and maintained not by the emperor but by an elite group of Japanese militarists, the reality, as witnessed here, is quite different. Bix documents in detail the strong, decisive role Hirohito played in wartime operations, from the takeover of Manchuria in 1931 through the attack on Pearl Harbor and ultimately the fateful decision in 1945 to accede to an unconditional surrender. In fact, the emperor stubbornly prolonged the war effort and then used the horrifying bombings of Hiroshima and Nagasaki, together with the Soviet entrance into the war, as his exit strategy from a no-win situation. From the moment of capitulation, we see how American and Japanese leaders moved to justify the retention of Hirohito as emperor by whitewashing his wartime role and reshaping the historical consciousness of the Japanese people. The key to this strategy was Hirohito's alliance with General MacArthur, who helped him maintain his stature and shed his militaristic image, while MacArthur used the emperor as a figurehead to assist him in converting Japan into a peaceful nation. Their partnership ensured that the emperor's image would loom large over the postwar years and later decades, as Japan began to make its way in the modern age and struggled -- as it still does -- to come to terms with its past. Until the very end of a career that embodied the conflicting aims of Japan's development as a nation, Hirohito remained preoccupied with politics and with his place in history. Hirohito and the Making of Modern Japan provides the definitive account of his rich life and legacy. Meticulously researched and utterly engaging, this book is proof that the history of twentieth-century Japan cannot be understood apart from the life of its most remarkable and enduring leader.