“Constitutionalism in Japan and the United States”
Professor Lawrence Repeta, Meiji university Faculty of law
The term “constitutionalism” is defined in different ways. In the United States, a core element is the role of constitutions in limiting state power. For example, a commonly used American college text simply states that “Constitutionalism imposes limits on the exercise of government power.” The notion that the power of rulers is restrained by rules of law is a revolutionary development in human history. In Japan, it is still a subject of controversy. In response to a question during Diet proceedings in 2014, Prime Minister Abe responded that that "the idea that the Constitution is intended to limit the power of the state is an old-fashioned view held at the time when a monarch was governing the country with absolute power." Japan’s constitutional scholars disagree and they have produced various expositions of constitutionalism. We will explore some of these ideas in this presentation.