2010 Fiscal Year Final Research Report

Parliamentary Control of Military : Comparative Constitutional Analysis of the United States, Canada and Japan

Research Project

Project/Area Number	20530024
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Public law
Research Institution	Tokyo Metropolitan University
Principal Investigator	TOMII Yukio Tokyo Metropolitan University, 都市教養学部・法学系, 教授 (90286922)
Project Period (FY)	2008 – 2010
Keywords	安全保障法 / 文民統制 / 軍隊と法 / カナダ憲法 / 戦争権限 / テロリズム / 集団安全保障 / 立憲主義 / 国王大権 / 大統領制
Research Abstract	In Japan there can be constitutional ground on Dietary involvement in deciding use of the Self-Defense Forces as neither exercising the right of self defense nor deploying troops overseas such as PKO. The Congress under War Declaration clause of the U.S.Constitution might preoccupy such Executive military decision pursuant to the constitutional status of Commander in chief which some construct gives plenary power over the military to the President but that would invite constitutional struggles between both branches. Canada, founded on English constitutionalism as well as Westminster model, does not hold Parliamentary power over military decision which presupposes to be completely left for the Executive (Governor in Council). As Constitutional law is shaped by the country herself, it would not be universally dictated how and whether the national assembly should commit the Executive decision on military deployment.