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Reception of Western law into the Japanese constitutional system
Mešková, Martina ; Tomášek, Michal (advisor) ; Tretera, Jiří Rajmund (referee)
The purpose of this thesis is to show the influences of the European and Anglo-American law, also called "western law", on the Japanese constitutional system. Even though the theme is rich and interesting, there is a lack of written works in Czech language on this topic, so I decided to produce a work that could offer an overview and serve as a guide to this subject. The thesis combines topics of constitutional law and legal history, while taking note of current circumstances as well. The thesis is divided into two chapters. First chapter examines The Constitution of the Empire of Japan, also known as Meiji constitution, the second chapter explores The Constitution of Japan, the postwar constitution from 1946. These chapters are further divided into smaller parts. First parts of both chapters deal with historical circumstances in Japan that resulted in the adoption of the constitutions, and the dramatic changes in political situation that called for new constitutional documents - be it the fall of the shogunate and unequal treaties in the case of Meiji constitution or Japan losing in the Second World War in the case of the postwar constitution from 1946. Second parts analyze the content of the constitutions and point out sections with western inspiration, or incongruities between the inspirations,...
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