Farewell to Pacifism the Changing Facet of Japan's Constitutional Identity

Abstract

The term ‘constitutional identity’ has gained increasing popularity in constitutional jurisprudence. However, it remains a contested concept that accommodates diverse approaches to both national and transnational constitutional issues. Drawing on Gary Jacobsohn’s work, the article will outline a theoretical framework to locate the identity of a constitution through a comparative law lens. To put it in perspective, the article argues that pacifism – lying at the heart of Japan’s postwar Constitution– may be considered a constitutional identity of Japan. On top of it, this identity is gradually changing. The article attempts to capture its dynamic by probing recent constitutional discourses on Japan’s self-defense stance.