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 next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
The Call for Papers for ICON•S Mundo is available here. Submissions for papers and panels must be made by May 1, 2021.
Log into your ICON•S account and apply for ICON•S Mundo by submitting your proposal.Apply for ICON•S Mundo