Talk:Constitution of Japan
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An event in this article is a May 3 selected anniversary (may be in HTML comment)
The Emperor is the de facto head of state? Shouldn't that be de jure? --213.8.105.60 13:03, 15 August 2005 (UTC)
- Not really. No law says he is the head of state so he is not "de jure" (i.e., based on law) at least. -- Taku 00:43, August 16, 2005 (UTC)
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[edit] In Japanese?
Why is there a section of this article (apparently) in Japanese? (This being, of course, the English-language Wikipedia.) If it is necessary, it should be appropriately placed in context for non-Japanese readers, e.g. "The following text X, Y and Z." As it is, being an English-language computer user with no Japanese language support installed on his computer, all I see is an irregular series of ? characters. --Dhartung | Talk 03:01, 23 August 2005 (UTC)
I've removed this section from the article and reproduced it below. If anyone wants to translate it or provide context for it, please add it back in. It was submitted by an anonymous user whose IP has no other edits, and I don't know Japanese well enough to translate it myself. The section title translates as "preamble", so I'm assuming this is the preamble to the constitution. Colin M. 02:16, 25 August 2005 (UTC)
It is the preamble. As such it is a fairly good summary of the spirit of the document but it is not worth mentioning or translating any more than any other part of the constitution. I think it odd that it should be pasted in the article. Smoove K 11:21, 29 November 2005 (UTC)
[edit] 前文
日本国民は，正当に選挙された国会における代表者を通じて行動し，われらとわれらの子孫のために，諸国民との協和による成果と，わが国全土にわたつて自由のもたらす恵沢を確保し，政府の行為によつて再び戦争の惨禍が起ることのないやうにすることを決意し，ここに主権が国民に存することを宣言し，この憲法を確定する。そもそも国政は，国民の厳粛な信託によるものであつて，その権威は国民に由来し，その権力は国民の代表者がこれを行使し，その福利は国民がこれを享受する。これは人類普遍の原理であり，この憲法は，かかる原理に基くものである。われらは，これに反する一切の憲法，法令及び詔勅を排除する。
日本国民は，恒久の平和を念願し，人間相互の関係を支配する崇高な理想を深く自覚するのであつて，平和を愛する諸国民の公正と信義に信頼して，われらの安全と生存を保持しようと決意した。われらは，平和を維持し，専制と隷従，圧迫と偏狭を地上から永遠に除去しようと努めてゐる国際社会において，名誉ある地位を占めたいと思ふ。われらは，全世界の国民が，ひとしく恐怖と欠乏から免かれ，平和のうちに生存する権利を有することを確認する。
われらは，いづれの国家も，自国のことのみに専念して他国を無視してはならないのであつて，政治道徳の法則は，普遍的なものであり，この法則に従ふことは，自国の主権を維持し，他国と対等関係に立たうとする各国の責務であると信ずる。
日本国民は，国家の名誉にかけ，全力をあげてこの崇高な理想と目的を達成することを誓ふ。
[edit] Merge in of Article 9 Lemma
Don't. Article 9 is a complex topic all in it self and Wikipedia does well to have a separated article for it. -- Mkill 18:06, 18 September 2005 (UTC)
[edit] Article 14 does apply to foreign nationals
Both Supreme court and lower courts have ruled that discrimination against foreign nationals is an article 14 (equality under the law) issue.
Public bathing facility ruling of Sapporo District Court (2002.11.11) National election rights(Supreme Court H5.2.26) Local election rights(Supreme Court 2000.6.27)
All ruling applies article 14 (indirectly with the Bathing facility case) to foreign nationals. Furthermore, the 1994.2.28 ruling states, that legislation, granting permanent foreign residents local election rights, would not violate article 15, although article 15 does not guarantee it as a constitutional right.
The Public bathing facility ruling, through the interpretation of Civil code article 709 'illegal acts'、state that refusing a foreigner to enter a public bathing facility is against Article 14 and international human rights B treaty article 26, and constitute an 'illegal act'. The point being, yes, there is no legislation specifically making discrimination against foreigners an offence, but, no, discrimination against foreigners are illegal, and will result in civil compensation.(in this case US$29,000)
As far as I know, the majority interpretation and the supreme court, does grant the right of equality to foreigners. Social benefits however, are a different matter. Fortifiedchicken 03:02, 12 May 2006 (UTC)
[edit] What court ruled that Japan can raise an army?
As of this date, the only court ruling that has ruled on the constitutionality of the Self-Defence Force is a district court ruling (Naganuma case, Sapporo District court 1974.9.7). It ruled that the SDF is a force prohibited by article 9 paragraph 2, and is unconstitutional.
The Supreme court has never ruled on the constitutionality of the SDF.
So, what court ruling states that Japan can raise an army (a force with greater ability than SDF), which is a clear violation of article 9 paragraph 2? There is a ruling that suggests that Japan has the right to defend it's country, a prerequisite to possessing any kind of force (Sunagawa Supreme Court 1960.12.16), but that's it.
I strongly recommend deleting the portion that suggests an existence of a court ruling, unless the writer can name the case and date of the ruling. Supreme Court of Japan Home Page with Selected Judgments in English
Fortifiedchicken 03:02, 12 May 2006 (UTC)
[edit] Article 38 Confession
Article 38 bans conviction solely based on confessions. Article 319 paragraph 2 of the Criminal Procedure law states "A defendant cannot be found guilty, if the only evidence against him is a confession before the court or otherwise". With corroborating evidence for the confession, however, a conviction would not violate article 38-3 of the constitution.(Check Nerima Case 1959.5.28) --Fortifiedchicken 08:24, 25 May 2006 (UTC)
[edit] Amendment update
In response to my update tag, it was requested that I post a clarification here. No, I hadn't heard anything specific, but the section on the 2005 proposal left me wanting to hear the rest of the story. Did this fizzle or is it moving forward? It seems like this was added in reaction to events in the news, but it needs to be put in better historical perspective. -- Beland 01:59, 9 August 2006 (UTC)
