著者

吉田 昌義

出版者

信州短期大学

雑誌

信州短期大学研究紀要 (ISSN:09182780)

巻号頁・発行日

vol.12, pp.23-33, 2000-12-25

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"Sengotaiseino Seisan" (literally meaning, Clearing up the Post-World-War System) is now widely spoken among Japanese people, and its focus is being brought to revision of the leagal systems founded upon the oreders and memoranda issued and enforced by GHQ during the occupation or those systems built, after Japan having regained her independence, on the Constitution of Japan adopted under the occupation. This is to revisit the process through which the constitution was drafted and adopted, and to put up a question, in the light of the histry of Japan afterWW n, to legitimacy of the constitution, although the legitimacy has long been recognized among almost all constitutionalists in Japan. The systems constructed immediately after the defeat of Japan are deemed to be based on "5 D's Occupation Policy" -Disarmament or Demilitarization,Denationalization, Disindustrialization, Decentralization and Democratization - which was fiercely enforced to Japan. The first and last D's were stipulated as the representative provision in the constitution. Almost all of Japanese people had welcomed with thanks the constitution as adopted "under the collective will of Japanese people obtaining sovereignty". No Japanese except a few did not recognize"there is no people's sovereignty where a state is not sovereign." And, half a century has passed since the adoption of the constitution without any question on it. Compared with the case in Germany, defeated as well, the situation was completely different from that of Japan. Not willing to adopt the constitution under occupation, they had adopted "just a law" termed as Basic Law, temporarily applied to whole Germans including east part of Germany. Now, the world situation changed, and Japan enjoys the second economic power after the USA. Now that The Constitution of Japan and other systems stemmed from it are not applicable to Japan, we Japanese have to see the constitutionin a new light so that it may meet such requirements as adopting a new constitution with will of Japanese, in view of history, tradition, individuality and nationality of Japan and in a way of adapting to the world needs.