The Right of Self-Defence in the Constitution of Japan

• Main Authors: Tseng, Tsung-Wen, 曾宗文
• Other Authors: Dr.Chang Shui-Liang
• Format: Others
• Language: zh-TW
• Published: 1997
• Online Access: http://ndltd.ncl.edu.tw/handle/14530843511317811349

碩士 === 淡江大學 === 日本研究所 === 85 === Title of Thesis:The Right of Self-Defence in the Total page:159 Costitution of Japan. Name of Institute: Graduate Institute of Japanese,Tau.kang Wnivesity Gnaduate Date: June,1997 Degree Conferred: Master Name of Student:Tseng,Tsung-Weu Advisor:Dr.Chang Shui-Liang Abstract: The Provision ofAticle 9 in the Constitution of Japan that mentioned:The Japanese people foreverrenownce war as a soverign sight of the nation and the threat or use of forceas means of setting intenuational disputes. Iand,sea and air forces,as well asother war potential,will never be mantained. The night of belligerency of the state will not be recogniged. This clause really reflected the pacifisticspisit of Japanese people after the end of the Second World War.The renunciationof war clause was regarded as a becaues of characteistic of the Japanese costitution. However, the Korean War broke our and the rise of internationalommunism,Japan took the so-called "re- armanent"action, them the Self-Defence Forces was established. Nowadays the SDF become one of the strongest military powers in the world. Obviously,there was an inconsistencywhich existed between the clause of Article 9 and the SDF. This kind of contradictory relationship often brougt about the constitutional disputes ever since the constitution was enacted. Although the SDF''s existence has become an established fact, there has been much contioversy sourrouding Asticle 9. The government maintains the in terpretation that defensive wars which exercise the right of self-dfence, are not prohibited. Japan, as a sovereign state, has a right of self-defence, according to the regulations of international law, especially under the definition of Article 51 in the Charter of the United Nations. And the maintence of SDF is recognized because they have only defensive missions and abilities.The government found it resona able for the SDF to prosses a capability limited to the duties of protectiog the integrity of the nation''s sea, air and land; therefore, the SDF is constitional in interprestion. On the other hand, the opposition parties insisted that the SDF is unconstitutional. As has been noted, the right of self-defence played an important role in buiting Japan security system. On account of this the purpose of this paper is trying to find out the meaning of self-defence right and to under stand the contradictory phenomenon within the constitution Finally, thestudy found out that Japan had the right of self-defence even the country had a "constitution. But it was difficult to regard the SDF as coristitutional. The clause of Acticle 9 needs to be changed in the future for the use of collective self-defence right.