The Contemporary Japan Group at the Institute of Social Science (ISS, a.k.a. Shaken), University of Tokyo, welcomes you to a lecture by Kenneth Mori McElwain (Assistant Professor of Political Science, University of
Michigan):

What's Different about Japan's Constitution?
Constitutional
Adaptability in Comparative Perspective

*Monday*, December 16 from 6:30-8:00 p.m. at Akamon General Research Building (Akamon Sōgō Kenkyū-tō) Rm. 549, Institute of Social Science (Shaken), Hongo Campus, University of Tokyo:
http://web.iss.u-tokyo.ac.jp/cjg/contact/

Abstract:
As the oldest un-amended constitution in the world, the Constitution of Japan (COJ) challenges conventional theories in two ways. First, most constitutions undergo periodic tinkering to remain relevant. Social preferences, political balances of power, and cultural norms all change over time, and a constitution’s survival is correlated with its ability to adapt via amendments. Second, constitutions that are written under foreign occupations tend to have shorter lifespans. Imposed institutions and rights are more likely to be at odds with domestic priorities, especially when compared to constitutions that have been designed and ratified democratically. I explore whether the COJ’s survival is linked to its “nature”—its contents and historical origin—using data from over 700 constitutions since the 18th century. My analysis will highlight one distinctive feature of the COJ: it is uncommonly vague in specifying the structure and operation of government institutions. I argue that this vagueness—in contrast with the detailed enumeration of civil rights—gives political actors more leeway to alter institutions to match social needs or maximize partisan goals. In other words, the COJ has never been amended formally because its structure allows for “informal”
adaptation via Supreme
Court rulings or Diet legislation. I will also discuss ongoing amendment initiatives, and whether revisions being proposed today—particularly by the LDP—make the COJ more “normal” in comparative context.

Biography:
Kenneth Mori McElwain is Assistant Professor of Political Science at the University of Michigan, Ann Arbor. His research focuses on the politics of institutional design, including the manipulation of electoral rules and the democratization of political parties. His current project examines the evolution and survival of national constitutions. He received his Ph.D. in Political Science from Stanford University, and an A.B.
in Public Policy
and International Affairs from Princeton University. He is a coeditor of Political Change in Japan: Electoral Behavior, Party Realignment, and the Koizumi Reforms (Shorenstein Asia-Pacific Research Center, Stanford University), and his research has been published in the American Journal of Political Science, Journal of East Asian Studies, Journal of Social Science, and in numerous edited volumes.

CJG:
The ISS Contemporary Japan Group provides English-speaking residents of the Tokyo area with an opportunity to hear cutting-edge research in social science and related policy issues, as well as a venue for researchers and professionals in or visiting Tokyo to present and receive knowledgeable feedback on their latest research projects. Admission is free and advance registration is not required. Everyone is welcome.

For more information, please visit our website:

http://web.iss.u-tokyo.ac.jp/cjg/

or contact
Gregory W. NOBLE (noble@iss.u-tokyo.ac.jp)