The Japanese constitutional drafting process as a half failed Weimar moment

The paper discusses the Japanese constitutional drafting process of 1945-1946 as a half-failed Weimar moment. When analysing the constitutional drafting process, it emerges that dozens of drafts proposed by scholars, associations and political parties, as well as the official draft prepared by the Rights and Freedoms Committee were full of Weimar borrowings, some articles being literal translations, other mediated through the New Deal experience and the Soviet and Scandinavian constitutions. The final draft kept just some of these Weimar provisions and furthermore, these provisions were then rephrased into a more Japanese style. Even though the Weimar connotation of both the original Committee’s draft and of the private drafts had been softened, its influence still stood and contributed to introduce within the Japanese legal system if not a fully-fledged welfare state, at least the concepts of positive rights, which the courts would have further developed in the coming decades.