| [No.31] Kenji Urata, Reflections on global constitutionalism:
perspectives based on the constitution of Japan, 2005 |
| Item |
Title |
pages |
| [Preface] |
Preface |
ix-xi |
| 1 Reflections on Global Constitutionalism - In Search of Democracy and Peace |
Preface |
1-3 |
| The global sovereignty of law |
3-8 |
| Constitutionalizing globalization |
8-20 |
| Some reflections |
20-43 |
| Conclusion |
43-46 |
| 2 Criticism of “Humanitarian Intervention” - The Perspective of the Japanese Constitution |
The “Peace Perspective” of the Japanese Constitution |
49-55 |
| Challenges Posed to the UN Charter by the NATO Bombing, and the Response of Hague Appeal for Peace |
55-63 |
| Emerging Trend and Critics Since Kosovo: Illegal but Moral? |
63-67 |
| Conclusion |
67-69 |
| 3 Okinawa: From the "Rule of Power" to the "Rule of Law" |
What Is the Okinawa Problem? |
71-83 |
| US Bases in Okinawa: A Reconsideration |
83-91 |
| 4 A Study of Laws pertaining to US Miliatry Bases In Okinawa - Towrad Constitutional Law Policy via Constitutional Law Constraction |
Task and Method |
93-95 |
| Makeup of Okinawa US Military Base Law |
95-108 |
| Anti-War Landowners' Struggle Against the Japanese Government |
108-126 |
| Lawsuit to Confirm Human Rights Violations under the Revised Special Measures Law on US Forces Land Use |
126-139 |
| Conclusion |
139-142 |
| 5 A New Demonstration of the Right to Live in Peace - Constitutional Lawsuits to Indict Participation in the Gulf War |
What's the Problem, and Why? |
143-149 |
| The Right to Live in Peace as a Constitutionally Guaranteed Right |
149-160 |
| The Right to Live in Peace in Constitutional Lawsuits |
160-165 |
| Conclusion -- Responding to Criticism |
165-167 |
6 The Japanese Constitution and Nuclear Weapons - A Discussion on the Relationship Between the Constitution and International Law |
The Constitution of Japan: A Product of the “Nuclear Age” |
169-173 |
| The Constitution’s Peace Principles |
173-175 |
| The Japanese Government’s Stance under the Nuclear Umbrella |
175-178 |
| The Relationship Between International Law and the Constitution with Regard to Nuclear Weapons |
178-181 |
| Conclusion |
181-182 |
7 Essays on the Peace Constitution |
Reflections on the Right to Live in Peace |
183-191 |
| A Draft Bill for a Nuclear- Free Japan |
191-195 |
| How Should We Regard the Participation of the Self-Defense Forces in United Nations Peacekeeping Operations? |
196-201 |
| 8 Aspects of the Right to Live in Peace |
Whereabouts of the Question |
203-207 |
| Basis of the New International Peace Order |
207-211 |
| Question of the Atomic Bomb Victim Relief Law |
211-214 |
| The Matter of the Three Non- Nuclear Principles |
214-219 |
| Relation with the Right of Peoples to Self- Determination |
219-222 |
| Conclusion |
223 |
9 The Judicial Review System in Japan - Legal Ideology of the Supreme Court Judges |
Introduction |
225-227 |
| The Case for the Rule of Law and the Philosophy of Natural Law |
227-235 |
| The Case for Democracy and Legal Positivism |
235-240 |
| The Case for the Legitimacy of Justice |
240-249 |
| Conclusion |
250-252 |
| 10 Freedom, Peace and their Guarantees - From the viewpoint of the Constitution of Japan |
Introduction |
253-254 |
| Two Constitutions of Japan |
254-256 |
| Freedom |
256-261 |
| Peace |
261-267 |
| Democracy |
267-269 |
| A Consideration of the Issues |
269-274 |
| Conclusion |
274 |
