Skip to main content Accessibility help
×
Home

Making We the People: Democratic Constitutional Founding in Postwar Japan and South Korea by Chaihark HAHM and Sung Ho KIM New York: Cambridge University Press, 2015. xv + 315 pp. Hardcover: £69.99

  • Yasuo HASEBE
  • View HTML
    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      Making We the People: Democratic Constitutional Founding in Postwar Japan and South Korea by Chaihark HAHM and Sung Ho KIM New York: Cambridge University Press, 2015. xv + 315 pp. Hardcover: £69.99
      Available formats
      ×

      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      Making We the People: Democratic Constitutional Founding in Postwar Japan and South Korea by Chaihark HAHM and Sung Ho KIM New York: Cambridge University Press, 2015. xv + 315 pp. Hardcover: £69.99
      Available formats
      ×

      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      Making We the People: Democratic Constitutional Founding in Postwar Japan and South Korea by Chaihark HAHM and Sung Ho KIM New York: Cambridge University Press, 2015. xv + 315 pp. Hardcover: £69.99
      Available formats
      ×

Abstract

  • An abstract is not available for this content so a preview has been provided below. To view the full text please use the links above to select your preferred format.

Copyright

References

Hide All

1. Mr Abe has repeatedly asserted this negative understanding of constitutionalism. See, for example, his remark at the budget committee of the Lower House on 20 February 2014; “186 Session of the Diet Budget Committee No. 12” The House of Representatives (20 February 2014), online: The House of Representatives <http://www.shugiin.go.jp/internet/itdb_kaigiroku.nsf/html/kaigiroku/001818620140220012.htm>, as well as his remark quoted in KAKIZAKI, Meiji, The Inspection of Abeism (検証安倍イズム) (Iwanami Shoten, 2015) at 165 .

2. Eventually he resigned in September of the same year. Cf “Why now, Liberal Democratic Party Puzzled by Prime Minister Abe’s Resignation Announcement” Asahi (9 May 2012), online: Asahi <http://www.asahi.com/special/070912/TKY200709120307.html>.

3. Liberal Democratic Party of Japan, “President Abe’s Press Conference in Response to the Results of the 24th House of Councillors Election” (11 July 2016), online: Liberal Democratic Party of Japan <https://www.jimin.jp/news/press/president/132688.html>.

4. See “Liberal Democratic Party Prime Minister Shinzo Abe Press Conference” Independent Web Journal (IWJ) (11 July 2016), online: IWJ <http://iwj.co.jp/wj/open/archives/316088>.

5. See NORINAGA, Moto’ori, “Tamakushige (玉くしげ) [The Beautiful Comb-Box]” (originally published in 1789, published by Iwanami Shoten in 1934), at 35-36 and NORINAGA, Moto’ori, “Naobinomitama (直毘霊) [The Spirit of Re-purification]” (originally published in 1825, published by Iwanami Shoten in 1936), at 17-21 .

6. According to Moto’ori Norinaga, wanting to eat good food, wear good clothes, dwell in a comfortable house, and be respected are genuine and honest human feelings. Those who claim they do not value beautiful women are merely lying, covering up their true human emotions. Japanese people, including the emperor, have expressed such honest love towards beautiful women by composing short sonnets (和歌). See NORINAGA, Moto’ori, “Tamakatsuma (玉勝間) [The Beautiful Bamboo Basket]” (originally published in 1795-1812, published by Iwanami Shoten in 1934), vol 4 at 176 and NORINAGA, Moto’ori, “Isonokami-sasamegoto (石上私淑言) [Private Talks on the Ancient]” (originally published in 1816, published by Iwanami Shoten in 2003), vol 2 at 273-274 .

7. See HASEBE, Yasuo, “On the Dispensability of the Concept of Constituent Power” (2009) 3 Indian Journal of Constitutional Law 39 [Hasebe, “On the Dispensability”]. The authors engage with a similar paradox on pp. 46-64.

8. It should be noted that Korsgaard calls her model of self-constitution the “constitutional model”, according to which a person’s self should be regarded as being above other aspects of a person, such as passion and reason ( KORSGAARD, Christine, Self-Constitution: Agency, Identity, and Integrity (New York: Oxford University Press, 2009), Chapter 7). The self should be compared to the constitution of a city-state as described in Plato’s Republic. The person is not identified with his reason alone. He identifies with his constitution, and his constitution says that reason should rule. In her argument, the city is supposed to be already constructed as an “agent that performs actions and so has a life and a history” (Ibid at 141). The city as such, deprived of its constitution and not unified by it, cannot act (Ibid at 152). Therefore, while in a possible sense there is no state prior to the people’s choices and actions because it is in a continuing process of self-constitution, this process itself presupposes an existence of a constitution of the state.

9. See SEARLE, John, The Construction of Social Reality (New York: Free Press, 1995) and HAURIOU, Maurice, Précis de droit constitutionnel [Précis of Constitutional Law], 2nd ed. (Paris: Sirey, 1929) respectively.

10. NHK News at 7 o’clock, Broadcast on 20 June 2016. The number is decreasing. In 2007, 41 percent responded that the constitution should be revised at some point.

11. Treaty of Peace with Japan, 8 September 1951, 136 UNTS 46 (entered into force 28 April 1952), which ended the Second World War, did not mention the changes of nationality of former colonial subjects.

12. The authors deal with this question on pp 239-44.

13. See ISRAEL, Jonathan, ed, The Anglo-Dutch Moment: Essays on the Glorious Revolution and its World Impact (Cambridge: Cambridge University Press, 1991). I do not deny that Protestant people in Britain welcomed the Dutch invasion. Similarly, the Japanese people enthusiastically welcomed the enactment of the Constitution of Japan in 1946.

14. Cf COHEN, Julie E, “What Privacy is For” (2013) 126 Harvard Law Review 1904 at 1906 .

15. HARDIN, Russell, Liberalism, Constitutionalism, and Democracy (Oxford: Oxford University Press, 1999) at 85-90 . Hardin says, “If a constitution is to be stable, it must be self-enforcing. It must be a co-ordination, because the nation cannot go to a supranational agency to enforce its citizens’ contractual agreement with each other or with their government” (Ibid at 98).

16. RAZ, Joseph, “On the Authority and Interpretation of Constitutions: Some Preliminaries” in Larry ALEXANDER, ed, Constitutionalism: Philosophical Foundations (Cambridge: Cambridge University Press, 1998) 152 at 173 .

17. As the authors mention (pp. 66-67), even Jean-Jacques Rousseau, a champion of democracy, discusses the image of a législateur, who makes the people accept a constitution with recourse to religious enchantment. See ROUSSEAU, Jean-Jacques, The Social Contract and later political writings, ed and translated by Victor GOUREVITCH (Cambridge: Cambridge University Press, 1997), Book II, Chapter VII at 68-72 .

18. See Hasebe, “On the Dispensability”, supra note 7 at 48-9. Perhaps, we can state the same point in a Korsgaardian way. If there is a working constitution, then we can say that there is a people acting as an agent, because only after being equipped with a constitution, the people can perform actions and has a life and a history. Such a people will self-constitute itself in choosing what it should and will be. And the people are bound because they have a constitution; not because it binds itself, which is a contradiction.

19. See HASEBE, Yasuo, “Why We Should Not Take Sovereignty Too Seriously” in Antero JYRÄNKI, ed, National Constitutions in the Era of Integration (The Hague, London, Boston: Kluwer International, 1999) at 113 .

20. Shimizu, Shin, ed, The Records of the 90th Imperial Diet on the Constitution of Japan (日本国憲法審議録) (Hara Shobo, 1976), vol. 2, p. 72 .

21. Ibid at 96-97.

Making We the People: Democratic Constitutional Founding in Postwar Japan and South Korea by Chaihark HAHM and Sung Ho KIM New York: Cambridge University Press, 2015. xv + 315 pp. Hardcover: £69.99

  • Yasuo HASEBE

Metrics

Full text views

Total number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...

Abstract views

Total abstract views: 0 *
Loading metrics...

* Views captured on Cambridge Core between <date>. This data will be updated every 24 hours.

Usage data cannot currently be displayed