This paper argues that the new and very modest formal amendment to Article 9 pushed by PM Abe, designed to avoid controversy and debate, could serve to effectively lock in the “reinterpretation” as a de facto informal amendment to the constitution. From this perspective, the apparent reversal in the scope of Abe’s amendment ambitions, and surprising modesty of the current proposal, may be seen as a disingenuous effort to disguise the extent of constitutional change that is at stake. It may be, in essence, a Trojan Horse through which to solidify the position of the “reinterpretation.” The paper seeks to explore the legitimacy of such a move, and its broader implications, from a comparative and theoretical perspective, drawing upon recent work on both informal amendment and unconstitutional constitutional amendments.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S