An Analysis Of The Relationship Between International Law And Domestic Law In The Revision Of The Constitution Of Japan

The issue of constitutional amendments around Article 9 of the Constitution has always been a hot issue in the study of the Japan Constitution.The background of the constitution led by the occupation authorities and the constitutional text calling for internationalism make the issue of constitutional amendment in Japan different from the situation faced by general state —— the influence of international law.This paper first introduces the background of the creation of the new constitution,and classifies the claims based on the origin of international law from the debate on constitutional amendment.From the perspective of international experience,the "impact" of international law on constitutional amendments essentially reflects the relationship between international law and domestic law.This article explores this: for the specific international law sources,measuring the relationship between international law and domestic law depends mainly on the structure of the national legal systemof each country.However,the question of the status of international law in Japan's domestic legal system has not been clearly answered because of the abstract expression of Article 98,Paragraph 2 of the Constitution.Then,based on the relationship between international law and domestic law,this article starts with the "Japan-US Security Treaty" as a general treaty,explores the reasons for advocating higher priority of the treaty,and then demonstrates higher priority of constitution from the perspectives of revision procedures,separation of powers,and constitutional review;In addition,as the special treaties and in light of their respective backgrounds,the Potsdam Proclamation and the UN Charter have been discussed in relation to legal hierarchy.Therefore,this paper refuted the idea of constitutional amendment proposed by the abovementioned treaties,and also concludes that the discussion based on the substantive comparison of legal hierarchy is a reasonable way to evaluate the appeal of a country's constitution based on specific international law sources,such as treaties.