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Introduction

This chapter provides an analysis of the political process that led to an unconsti­tutional informal constitutional amendment by the executive in Japan that lifted the ban on the exercise of collective self-defense through the government rein­terpretation of Article 9 of the Constitution of Japan (Postwar Constitution) in July 2014 and the subsequent enactment of the security legislation in September 2015.

Article 9 renounces war as a sovereign right of Japan, and though the text of the constitution has never been amended, and the overwhelming majority of the constitutional law scholars, legal professionals, as well as the general public, deemed the new government interpretation and the security legislation that fol­lowed to be unconstitutional, Prime Minister Shinzo Abe's government pushed through this de facto constitutional amendment and maintains that Japan can now exercise “limited” collective self-defense.

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Source: Abeyratne Rehan. The Law and Politics of Unconstitutional Constitutional Amendments in Asia. Routledge,2021. — 311 p.. 2021
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