June 6, 2003 is a momentous day to Japan. By a 202 to 33 overwhelming vote on that day, the Japanese Senate passed the Three Military- Emergency Laws, which aim at dealing with armed attack from foreign countries. The discussion of “legislation of emergency laws” has long been regarded as a taboo, since it tends to be interpreted by the world as the restoration of militarism and marching toward a militarily powerful nation again. Although “legislation of emergency laws” had been incubated for a long period of time, the Three Military- Emergency Laws turned out to be passed in a swift way, which results in the criticism by the Japanese public that it seems “completing the 26-year long trip in 36 hours”. Owing to the personal military background and special interests in this field, the researcher aims at delving into the research and development of “legislation of emergency laws” of Japan after the Second World War, hoping to contribute to our understanding of them.
This thesis is presented in six chapters. Chapter one is Introduction, involving the general introduction of research background and motivation, purpose of the study, research area, and research methodology. Following this chapter, Chapter two reviews the history and background of “legislation of emergency laws” and its development; meanwhile, introduces its current content. Afterwards, the significance and nature of the legislation and the theoretical basis of it in terms of the constitution of Japan are all analyzed in Chapter three. Chapter four explains the related issues, including the relationship between the legislation and (1) the Constitution with an emphasis of international peace, (2) the parliamentary system in Japanese parliament, and (3) the system of U.S.-Japan Security Alliance. In Chapter five presents the analysis of the problems of Three Emergency-Related Laws. In the end, Chapter six concludes the findings of this study and presents the impact of the legislation on the security of East Asia.