Conclusion
In the Japanese constitution-making process, there was indeed no public consultation process where the Japanese people could fully participate or a national referendum where the people could directly vote on the amendment of the Constitution.
However, as we have already seen, the involvement of the US Government Section of the GHQ/SCAP in the creation of the Constitution was not a simple imposition. There were many interactions between the American and Japanese sides at a time of hope when the international community tried to establish an international order based on the idea of international cooperation although it failed because of the Cold War. It is possible to observe a hybrid between global and local stakeholders in the implementation of women's rights. It is fair to say that Japan could not have established the present democracy and human rights protection in such a short period without the strong American input backed by international public opinion. On the other hand, this accelerated process has drawbacks. First, the implementation of the Constitution had been minimal after the occupation was over and the normative role of the Constitution was limited. Second, the constitutional debate tends to focus on Article 9 and emergency power. Third, other constitutional reforms of the government system have not been properly discussed despite there being problems: the upper house being too strong, no restriction on the dissolution of the lower house, and a lack of national human rights institutions and other relevant institutions in the twenty-first century. To objectively and constructively appreciate what has been done and what has notJapan’s Post-War Constitution 31 during the Japanese constitution-making process, it is helpful to compare the Japanese constitution-making process and more recent constitution-making of other countries with international assistance which is more sophisticated and sensitive. The comparison would shed light on the least utilised substance of the Constitution of Japan, the principle of international cooperation.
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