Japan's postwar constitution is reaching in the zone of twilight–Tasogaredoki or Ōmagatoki in Japanese. As “Your Name “(Kimi no na wa)–the animated film that became a megahit worldwide in 2016-17–shows to us, things contradictory coexist in such moment. Constitutional order and violation. Liberal-democratic and authoritarian regime. Social equality and neo-liberal market state. Judicial activism and negativism. In this paper, the author will argue that the leading school of Japanese constitutional jurisprudence bears, by constructing an eithor-or rivalry between Democracy and Constitutionalism, partly the responsiblity for the current situation. The author will examine 1) the deep-seated tradition of the leading school preferring a singular Constitutionalism friendly to apolitical liberalism and rule of elite lawyers; 2) how the Platonic, anti-democratic argument prevailed in the 1990s; 3) the leading school's reluctant alliance with social democrats in Abe years.
We look forward to welcoming you on July 4-6, 2022 for our Annual Conference on Global Problems and Prospects in Public Law.
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