6 - Living with and Fighting against the Postwar Regime: Conservatism and Constitution in Postwar Japan

Summary

The Constitution of Japan has been the focus of controversial ideological battles throughout the postwar era. This chapter traces the protracted and often-heated debates and discussions over potential amendments to Japan's constitution among elites, against the backdrop of historical change. The focus of these debates has traditionally been on Article 9 and national defense. In contrast, this chapter also examines the discussions surrounding the Imperial system, fundamental human rights and institutions of the Japanese state. These debates and the amendment proposals put forth by mostly center-right elites reflect changes in socio-economic conditions and intellectual debates from the 1950s to the present.

Introduction: Constitution and conservatism

May 3, 2022 marked the 75th anniversary of the Constitution of Japan (CoJ) coming into effect. The CoJ has been a remarkable document in a number of ways. First, it has—quite literally—stood the test of time, for better or worse, remaining character for character, the very same document that became postwar Japan's supreme law in 1947. This is no small feat, considering that conservative elites have for decades tried and failed to amend what many of them regard as a naïve, idealistic and outdated constitution with a highly questionable legitimacy. To students and teachers of Japanese politics and history, the CoJ's endurance may seem quite natural given the political realities of postwar Japan; yet, a brief look abroad reveals how unique the CoJ is. The Comparative Constitutions Project (CCP) is the most comprehensive database of historic and active constitutions available today. Studying this large body of data highlights one simple fact: constitutions that are not amended do not last long. In fact, they are replaced within a matter of three years on average. The CoJ's extraordinary longevity is due not merely to relatively strong public support and progressive resistance against attempts to revise the supreme law, but also to its contents. While often accused of only seeking to weaken Japan by destroying the links to its proud past, the American authors of the draft which served as the basis of what would become the CoJ, were conscious of the fact that they were not “we, the Japanese people,” but the occupiers of said people.