Sakata v. Japan [The Sunakawa Case]

13 Keishu 3225 (1959)

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Sakata v. Japan [The Sunakawa Case]

Japan Supreme Court
13 Keishu 3225 (1959)

Facts

In September 1945, the Japanese government signed terms of surrender, which adopted the terms of the Proclamation Defining Terms for Japanese Surrender (also known as the Potsdam Declaration). After the Second World War, the United States maintained a military presence in Japan pursuant to the Security Treaty between Japan and the United States. The presence of American military personnel and military equipment was controversial among the Japanese civilian population. Protestors opposed to the presence of the United States military in Japan entered an airfield used by United States Armed Forces, leading to the filing of a lawsuit. After interpreting the Preamble of the Constitution and other constitutional provisions, the lower court found that the stationing of United States armed forces contravened Article 9 of the Constitution. The case was appealed to the Supreme Court of Japan on issues relating to Article 9 of the Japanese Constitution and the constitutionality of the Security Treaty between Japan and the United States.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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