This chapter examines the evolution of Japanese pacifism and the constitutional tensions surrounding Article 9 of the 1947 Constitution. While Article 9 renounces war and prohibits the maintenance of armed forces, Japan has progressively developed a complex defence system, including the Self-Defence Forces (SDF), the hosting of United States military bases, participation in UN peacekeeping operations, and support for Ukraine. The study traces the historical origins of Article 9, its subsequent reinterpretation by successive governments, and the resulting divergence between constitutional text and political practice. It analyses the positions of constitutional scholars, the judiciary, and political institutions, highlighting the Supreme Court’s reliance on the political question doctrine to avoid ruling on the constitutionality of Japan’s defence architecture. The paper argues that Japan has undergone a significant constitutional transformation through interpretation rather than formal amendment, creating a persistent misalignment between the formal Constitution and the realities of national security policy. Finally, it assesses how contemporary geopolitical challenges, particularly the war in Ukraine and shifting regional security dynamics, continue to test the limits of Japan’s pacifist constitutional framework.

Japanese Pacifism and Constitutional Misalignment

Bertolini, Elisa
2026

Abstract

This chapter examines the evolution of Japanese pacifism and the constitutional tensions surrounding Article 9 of the 1947 Constitution. While Article 9 renounces war and prohibits the maintenance of armed forces, Japan has progressively developed a complex defence system, including the Self-Defence Forces (SDF), the hosting of United States military bases, participation in UN peacekeeping operations, and support for Ukraine. The study traces the historical origins of Article 9, its subsequent reinterpretation by successive governments, and the resulting divergence between constitutional text and political practice. It analyses the positions of constitutional scholars, the judiciary, and political institutions, highlighting the Supreme Court’s reliance on the political question doctrine to avoid ruling on the constitutionality of Japan’s defence architecture. The paper argues that Japan has undergone a significant constitutional transformation through interpretation rather than formal amendment, creating a persistent misalignment between the formal Constitution and the realities of national security policy. Finally, it assesses how contemporary geopolitical challenges, particularly the war in Ukraine and shifting regional security dynamics, continue to test the limits of Japan’s pacifist constitutional framework.
2026
9783032231079
Cavaggion, Giovanni
The ‘pacifist principle’ in the Italian and Japanese constitutions in the wake of the war in Ukraine
Bertolini, Elisa
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11565/4083076
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