Post-WWII Reforms: How the U.S. Transformed Japan’s Domestic Legal System
Abstract
The deep connection between the U.S. and Japan began at the end of World War II and has transformed from an initial enemy relationship to the U.S. occupation of Japan to the current deep strategic partnership. The U.S. undertook a thorough legal reconstruction during the occupation of Japan. From the representative contents of the changes, the cabinet officials and the Supreme Commander for the Allied Power, who was the U.S.'s all-powerful leader in the legal reconstruction process, the analysis of the entanglement and bargaining between the U.S. and Japan in the process of legal changes and the characteristics of the law after the changes were made. In this way, the fundamental interests of both sides are analyzed. It is found that the U.S. dominated the legal aspects to serve its strategic objectives in Asia. For instance, ensuring that Japan no longer became a threat of war, while using Japan to hamstring socialist expansion in Asia. The Japanese cabinet was not influential enough in reconstructing the law.
References
- Yang, L. The Influence Created on Japanese Society which was Due to Unthorough Japan Reforms after WWII. Shanxi: Shanxi University, DOI:10.7666/d.Y916716. (2006).
- Dower, J. W., Embracing Defeat: Japan in the Wake of World War II.New Press, 41(1999).
- Potsdam Declaration. Referenced at https://www.ndl.go.jp/constitution/e/ etc/c06.html. (1945)
- Nakanishi, H. The Issue of Historical Perspective from the Post-Heisei Era: Looking Back at Meiji from the Postwar Period, and Looking Ahead. In: Yamauchi, M., Hosoya, Y. (eds) Modern Japan’s Place in World History. Springer, Singapore. https://doi.org/10.1007/978-981-19-9593-4_13 (2023).
- Li Jun; Jiang Lanxiang. On the Inheritance of Anglo-American Constitutionalism in Japan after World War II. Hunan Social Sciences, [s. l.], n. 6, 52-54. (2009).
- Japan, The Constitution of Japan, 1946, August 1, 1996, Retrieved on September 2nd, 2024. https://www-gutenberg-org-s.elink.xjtlu.edu.cn/cache/epub/612/pg612-images.html.
- Moore, Dylan. Judicial Independence or Legal Technicians? A Historical Analysis of the Effectiveness of Judicial Review in Japan. 2023. Ohio University, Master’s thesis. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1681839051464246.
- National Security Council. 1948. Report by the National Security Council on Recommendations with Respect to United States Policy Toward Japan (NSC 13/2). Retrieved on September 2nd, 2024. Referenced at https://history.state.gov/historicaldocuments/frus1948v06/d588.
- Kusunoki, A. US Policy for the Occupation of Japan and Changes to It. Springer Nature Singapore. https://doi-org-s.elink.xjtlu.edu.cn:443/10.1007/978-981-19-9593-4_9 112-119, (2023).