[No.31] Kenji Urata, Reflections on global constitutionalism:
perspectives based on the constitution of Japan, 2005 ※English Only |
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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 |