Japanese Constitutional Law

Course format
This course is conducted online and on-demand. Students will watch videos of the lectures and submit impressions and assignments for each session. Feedback on impressions and issues will also be provided online (eALPS).

Lesson plan
The first half of the course will outline the basic principles of the Japanese Constitution and various types of human rights, examining their characteristics and related issues. The second half will outline the functions of the governance system established to guarantee human rights.

This course includes contents concerning gender equality.

Human rights, power, freedom, equality

Course outline
Class 1: The Constitution and constitutionalism: Explaining the basic concepts of the Constitution and the ideas of constitutionalism that make up its core
Class 2: History of the Japanese Constitution: Outlining the historical process from the Constitution of the Empire of Japan to the establishment of the current Constitution and its legitimacy
Class 3: The principle of popular sovereignty: Explaining the preamble of the Constitution, popular sovereignty, and the imperial system
Class 4: The principle of pacifism: Explaining interpretations of Article 9 and issues relating to the Self-Defense Forces, discussing the theory of constitutional revision
Class 5: The principles of basic human rights: Explaining the various forms of human rights and the subjects of human rights
Class 6: Comprehensive basic rights and equality before law: Explaining Articles 13 and 14, and examining relevant precedents
Class 7: Civil liberties I: Explaining freedom of thought, conscience, religion, and scholarship, and examining related judicial precedents
Class 8: Civil liberties II: Freedom of expression—Considering the limits of freedom of expression and the right to knowledge through an examination of judicial precedents
Class 9: Civil liberties III: Personal freedoms—Explaining personal freedoms and the criminal justice system (including the jury system)
Class 10: Civil liberties IV: Economic freedom—Explaining the freedom to choose one's occupation and the right to property, with reference to important judicial precedents
Class 11: Suffrage and social rights: Outlining the significance and characteristics of suffrage, the right to life, the right to education, and the basic rights to labor
Class 12: Governing structure I: Parliament—Explaining the powers of the Diet and the processes of enacting laws
Class 13: Governing structure II: Cabinet—Outlining the powers of the Cabinet and the parliamentary system of government (including comparisons with the presidential system)
Class 14: Governance structure III: Courts and local autonomy—Explaining the role of courts, the independence of the judiciary branch, and the system of local self-government
Class 15: Constitutional revision: Looking back on what we have learned so far and examining the significance of the Constitution and the theory of constitutional revision, course survey (last fifteen minutes)
Class 16: Final exam or final essay
*Students will be required to submit an assignment via eALPS for each lecture.

Syllabus (Japanese site only)