Happy to announce the publication of my co-authored article with Dr. Tomonori Teraoka - “The Legitimation Crisis of the Japanese Constitution: Reflections on Japan’s Judicial Rhetoric and Its Post-WWII Constitutionalization Process” - on the latest issue of Communication Law Review. Our article presents an interdisciplinary, multilingual collaborative effort to critically examine Japanese constitutional discourse at both domestic and transnational levels.
Abstract: Our article examines the issue of constitutional legitimacy in the post-WWII Japanese legal system. Our analysis proceeds from the judicial rhetoric of postwar Japan, focusing primarily on the state of judicial review and executive legislative practices throughout the Japanese postwar constitutionalization process. The aim of our rhetorical analysis is to identify the main points of discursive tensions as manifested in Japanese judiciary and legislative norms. Although the postwar Japanese constitution provides a judicial review process and separation of powers like its American counterpart, their implementation is constrained by the legislative usurpation of the executive branch and judicial passivity of the Japanese Supreme Court. Whereas the written language in the postwar Japanese constitution adheres to the prevailing transnational dóxa for a democratic rule-of-law society, we find many key constitutional elements are not internationalized within the operational modality of Japanese judicial rhetoric.