Updated on 2022/05/25

写真a

 
KAWANABE, Takeshi
 
Affiliation
Faculty of Political Science and Economics, School of Political Science and Economics
Job title
Assistant Professor(without tenure)
Mail Address
メールアドレス
Profile

Doctorate: Constitutional Law

Interests: Japanese Constitution; Comparative Constitutional Theory especially between Japan and the U. S.; Constitutional History. Specifically, Popular Sovereignty Theory, Judicial Review.

Portrait: photographed by Fumishige Ogata, Ishibashi Tanzan Memorial Foundation

Cover Photo: Pike Place Market, Seattle, WA, U. S., photographed by Takeshi Kawanabe

Calls for papers are always welcome.

Education

  • 2014.04
    -
    2019.03

    Hitotsubashi University   Graduate School of Law   LL. D.  

  • 2012.04
    -
    2014.03

    Hitotsubashi University   Graduate School of Law   LL. M.  

  • 2008.04
    -
    2012.03

    Tohoku University   Faculty of Law   LL. B.  

  • 2005.04
    -
    2008.03

    Sendai Daini Public High School of Miyagi Prefecture, Japan  

Degree

  • 2019.03   Hitotsubashi University, Japan   LL. D.

  • 2014.03   Hitotsubashi University, Japan   LL. M.

  • 2012.03   Tohoku University, Japan   LL. B.

Research Experience

  • 2022.04
    -
    Now

    Waseda University   Institute of Political Economy   Researcher

    https://www.waseda.jp/fpse/winpec/about/faculty/

  • 2022.04
    -
    Now

    Kawasaki City College of Nursing   Faculty of Nursing   Adjunct Lecturer

  • 2021.04
    -
    Now

    Hosei University   Faculty of Economics   Adjunct Lecturer

  • 2020.04
    -
    2023.03

    Waseda University   Graduate School of Political Science and Economics   Assistant Professor(without tenure)

  • 2019.04
    -
    2020.03

    Hitotsubashi University   Graduate School of Law   Research Lecturer

  • 2014.06
    -
    2017.03

    Suenobu Foundation   Ph. D. Scholarship Student

  • 2021.04
    -
    2022.03

    Kokugakuin University   Faculty of Law   Adjunct Lecturer

  • 2020.04
    -
    2021.03

    Tsuda University   Department of International and Cultural Studies, College of Liberal Arts   Adjunct Lecturer

  • 2018.04
    -
    2021.03

    Kawamura Women’s University   Faculty of Literature   Adjunct Lecturer

  • 2017.08
    -
    2018.03

    Hitotsubashi University   Mori Arinori Center for Higher Education and Global Mobility   Research Assistant

  • 2017.06
    -
    2017.09

    Tokyo City University   Faculty of Liberal Arts and Sciences, Liberal Arts Division   Adjunct Lecturer

  • 2015.06
    -
    2016.03

    Hitotsubashi University   Graduate School of Law   Dispatched Student for Oversea Universities, The Project of Development of Next-Generation Legal Scholars

  • 2014.10
    -
    2015.03

    Hitotsubashi University   Center for General Education   Teaching Assistant

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Professional Memberships

  • 2021.02
    -
    Now

    Hitotsubashi Association for Studies of Constitutional Cases

  • 2018.10
    -
    Now

    JAPAN ASSOCIATION FOR STUDIES OF CONSTITUTIONAL LAW

  • 2017.12
    -
    Now

    JAPAN PUBLIC LAW ASSOCIATION

  • 2013.05
    -
    Now

    ASSOCIATION FOR STUDIES OF CONSTITUTIONAL THEORY

  • 2014.04
    -
    2020.03

    Hitotsubashi University Association for Studies of American Constitutional Theory

 

Research Areas

  • Public law   Constitutional Law

  • Public law   Constitutional Thought

  • Public law   Comparative Constitutional Law

  • Public law   American Constitution

Research Interests

  • Constitutional Thought

  • Constitutional Theory

  • Democratic Faith to Judicial Review

  • Constitutional Amendment

  • Counter-majoritarian Difficulty

  • Popular Sovereignty

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Papers

  • The Popular Sovereignty Theory in the U. S. Constitutionalism and the Implications to Japanese Constitutionalism

    KAWANABE, Takeshi

    KENPO-KENKYU(REVIEW OF CONSTITUTIONAL LAW)   8   155 - 166  2021.05  [Refereed]  [Domestic journal]

    Authorship:Corresponding author

  • A New Birth of Constitutional Construction: On the Theory of Charles L. Black, Jr.

    KAWANABE, Takeshi

    The Hitotsubashi Journal of Law and International Studies   19 ( 2 ) 189 - 232  2020.07  [Refereed]  [Domestic journal]

    Authorship:Corresponding author

     View Summary

    This article examines the American constitutional theory of Charles L. Black, Jr. His argument is characterized as follows. First, he proposes the ‘liberal’, flexible method of constitutional construction because of the abstractness of every single constitutional article and the demand for solutions to contemporary problems in society. Second, he emphasizes the judicial finality of constitutional construction whose role is played by the U.S. Supreme Court based on the U.S. Constitution and the statutes enacted by Congress. Third, using his methodology, he contends that the Ninth Amendment of the U.S. Constitution guarantees the right of livelihood and the governmental duty of preventing people from descent into poverty even though almost all American constitutional scholars have been skeptical of the existence of such a right or duty. In addition, this article considers his position in the American constitutional scholarship and the applicability to the Japanese Constitution.

  • Popular Sovereignty and Judicial Review: On Yale School Constitutionalism

    KAWANABE, Takeshi

    Hitotsubashi University    2019.03  [Refereed]

    Authorship:Corresponding author

  • The Constitution of the People, by the People, for the People

    KAWANABE, Takeshi

    The Hitotsubashi Journal of Law and International Studies   17 ( 2 ) 435 - 480  2018.07  [Refereed]  [Domestic journal]

    Authorship:Corresponding author

     View Summary

    This article focuses on the populist constitutionalism of Professor Akhil Reed Amar. His constitutional theory is described as follows.(1)The meaning of the Constitution could be changed by interpretation in order to adjust each amendment’s relationship(the Constitution of the People),(2)the amendment process is not limited to Article V of the U.S. Constitution because in the U.S., the Convention has been legally and democratically justified as another amendment process(the Constitution by the People), (3)if committing to the concept of popular sovereignty, the content of the constitutional amendment should be intrinsically restricted in order to sustain the People’s deliberation, the substance of popular sovereignty(the Constitution for the People). In these regards, this article basically shares his commitment to popular sovereignty although it does criticize some points where his theory is not radical enough for populist constitutionalism. In addition, this article refers to the availability of his theory to interpret the Constitution of Japan, considering the unconstitutionality of a set of Japanese security laws.

    CiNii

  • Why the Illegitimate Constitution Should Be Obeyed : The Relationship Between Constitutional Legitimacy and History in Bruce A. Ackerman's Dualist Democracy Theory

    KAWANABE, Takeshi

    The Hitotsubashi Journal of Law and International Studies   15 ( 2 ) 799 - 853  2016.07  [Refereed]  [Domestic journal]

    Authorship:Corresponding author

     View Summary

    While the great series of constitutional theory, We the People, written by Professor Bruce A. Ackerman, vividly describes what We the People in the U. S. has achieved in the constitutional canon without the form of the amendment, his historiography does not succeed in justifying why the existing We the People has to obey such an illegitimate Constitution. This article, firstly, clarifies his theory’s failure with both the methodology of ‘history of law’ and ‘history and law.’ The evidence shows his methodology of ‘historicism’ cannot define what the constitutional canon should be or should have been although it can define what the constitutional canon is or was. Secondly, comparing Ackerman’s recent fundamental idea, ‘living Constitution,’ with Professor D. Strauss’s one, this article refers to the common expectation regarding court’s activities creating the constitutional canon and promoting democracy. However, in conclusion, this article asserts the thought of ‘living Constitution’ still fails to justify the illegitimacy of the U. S. Constitution even though modern constitutional studies conceived the constitutional illegitimacy as a significant topic through his contribution.

    CiNii

  • Judicial Review for the People: On Robert C. Post and Reva B. Siegel's Democratic Constitutionalism

    KAWANABE, Takeshi

    The Hitotsubashi Journal of Law and International Studies   17 ( 3 ) 521 - 573  2018.11  [Refereed]  [Domestic journal]

    Authorship:Corresponding author

     View Summary

    This article deals with the constitutional theory called ‘Democratic Constitutionalism’ of two brilliant Yale constitutional lawyers, Robert C. Post and Reva B. Siegel. First, this article clarifies the characteristics of the theory by focusing on the importance of social movements for constitutional construction. Second, this article considers Post's subtle argument that judicial independence contributes to popular sovereignty. Although his contention seems contradictable, it is in fact not. Third, this article compares their theory to so-called Popular Constitutionalism by Stanford’s populist constitutionalist, Larry D. Kramer. Despite some similarities between them, their thoughts are definitely different on attitudes to the concept of ‘judicial supremacy.’ Finally, whereas some constitutional scholars denounce Post and Siegel’s theory because of their obsession with the ‘countermajoritarian difficulty’ of judicial review, this article disagrees. Rather, this article regards ‘countermajoritarian difficulty’ as significant and argues that Post and Siegel’s theory as normative successfully solves the problem.

    CiNii

  • Construction of Text and Purpose : On Jack M. Balkin's Living Originalism and the Narrative of Constitutional Redemption

    KAWANABE, Takeshi

    The Hitotsubashi Journal of Law and International Studies   16 ( 1 ) 165 - 206  2017.03  [Refereed]  [Domestic journal]

    Authorship:Corresponding author

     View Summary

    This article considers Professor Jack M. Balkin’s text on the methodology of constitutional interpretation, Living Originalism, and his historical narrative of legitimating the U.S. Constitution, Constitutional Redemption. In both books, Balkin’s commitment to equal citizenship of the U.S. Constitution and abundant reference to American history are influenced by Professor Bruce A. Ackerman’s constitutional theory. This article recognizes that Balkin’s dichotomy between ‘hard-wired’ rules and abstract principles in constitutional interpretation succeeds in justifying a broad constitutional construction including apparently illegitimate constitutional changes such as Reconstruction and the New Deal. In addition, this article concedes that Balkin’s acceptance and revision of constitutional historicism from Ackerman’s theory are convincing because the dynamism of constitutional security, Living Constitutionalism, can be normatively controllable through historical reference even though Living Constitutionalism is frequently conceived of as approval of easy transition of the Constitution. This article also supports Balkin’s implication that positive judgment of the Constitution by the judiciary contributes to promotion of democracy and popular sovereignty as establishment of equal citizenship. Finally, this article alludes to the applicability of Balkin’s theory to the Japanese Constitution.

    CiNii

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Books and Other Publications

  • The Key Points of Constitutional Cases

    OKADA, Junta, AWAJI, Tomonori, IMAI, Kentaroh(e( Part: Contributor, The Nationality Act Decision(pp. 32-33), The Decision on the Suffrage of Nationals Living Overseas(pp. 104-105))

    Seibundoh  2020.04 ISBN: 9784792306663

  • The Development of Constitutionalism

    The Association for Studies of Constitutional Theory(ed.)( Part: Joint author, “The Achievement of Popular Sovereignty and the Role of the Court”)

    Keibundoh  2017.10

Misc

Other

  • 2020年度日本学術振興会特別研究員PD採用内定(補欠繰上)、辞退

    2020.03
    -
     
  • Comments: Adrian Vermule(trans. by Takayuki KIRA), Risk no rikkenshugi(The Constitution of Risk), Keiso Shobo, 2019

    2019
     
     

     View Summary

    http://www.keisoshobo.co.jp/book/b491626.html

  • Comments: KAINO Michihiro ed., Ho no shihai no history(A History of Rule of Law), Nakanishiya Shuppan, 2018

    2018
     
     

     View Summary

    http://www.nakanishiya.co.jp/book/b352962.html

  • 研究会参加:大村敦志、小粥太郎『民法学を語る』、有斐閣、2015年

    2013
     
     

     View Summary

    http://www.yuhikaku.co.jp/books/detail/9784641137240

Awards

Research Projects

  • 裁判官選挙制及び国民審査制の日米比較:人民主権の憲法思想の制度的一側面

    日本学術振興会  科学研究費助成事業 若手研究

    Project Year :

    2022.04
    -
    2025.03
     

    川鍋 健

  • Studies on Charles L. Black's Theory of Judicial Review

    Japan Society for the Promotion of Science  Grants-in-Aid for Scientific Research Grant-in-Aid for Research Activity Start-up

    Project Year :

    2019.08
    -
    2022.03
     

    KAWANABE, Takeshi

  • Theoritical Justification of Judicial Review to Constitutional Amendment

    Yamada Charitable Trust for Academic Research  Grant

    Project Year :

    2018.04
    -
    2019.03
     

    Takeshi KAWANABE

  • Research of Popular Sovereignty in the American Constitutionalism

    Suenobu Foundation  Scholarship for Doctoral Students

    Project Year :

    2014.06
    -
    2017.03
     

    Takeshi KAWANABE

  • Achievement of Democracy by Judiciary: On American Constitutional Democracy

    Hitotsubashi University Graduate School of Law 

    Project Year :

    2015.08
    -
    2016.03
     

    Takeshi KAWANABE

Presentations

  • Case Report: The Possibility of Judicial Review to the Suspension of Local Assemblies

    KAWANABE, Takeshi

    The 2nd Hitotsubashi Conference of Constitutional Case Report  (Zoom)  Hitotsubashi Conference of Constitutional Case Report

    Presentation date: 2021.05

  • Popular Sovereignty and Constitutionalism: Sunagawa Decision and the Rising Sovereign

    KAWANABE, Takeshi  [Invited]

    Hokuriku Conference of Public Law Cases  (Kanazawa University (using Zoom)) 

    Presentation date: 2021.01

  • A New Birth of Constitutional Construction: On the Theory of Charles L. Black, Jr.

    Takeshi KAWANABE  [Invited]

    Presentation date: 2020.12

  • Popular Sovereignty Theory in American Constitutional Theory

    KAWANABE, Takeshi

    The 21st Conference of Politics and Theory 

    Presentation date: 2020.09

  • Constitutionalism and the Purpose: A Critical Review on Adrian Vermule(translated by Takayuki Kira), Risk no rikkenshugi (The Constitution of Risk), 2019

    Takeshi Kawanabe  [Invited]

    Symposium online of Adrian Vermule(translated by Takayuki Kira), Risk no rikkennshugi(The Constitution of Risk), 2019 

    Presentation date: 2020.07

  • On Bruce A. Ackerman, We the People 3 The Civil Rights Revolution(Harvard U. Pr., 2014), Ch. 7, Sphere of Humiliation

    KAWANABE, Takeshi

    The 12th Conference of 'The Synthetic Studies of Populist Constitutional Theory and Constitutionalism 

    Presentation date: 2021.12

  • The Constitution of the People, by the People, for the People: On the Constitutionalism of Akhil Reed Amar

    Takeshi Kawanabe  [Invited]

    The 1st Conference of the Project of the Comprehensive Research on Populism and Constitutionalism 

    Presentation date: 2018.08

  • Review: Robert C. Post, with Commentary by Pamela S. Karlan, Lawrence Lessig, Frank Michelman, Nadia Urbinati, Citizens Divided, Harvard U. Pr., 2014, pp. 1-94.

    KAWANABE, Takeshi

    The 3rd Hitotsubashi University Coference in 2018 of the U. S. Constitutional Theory 

    Presentation date: 2018.08

  • The Achievement of Popular Sovereignty and the Role the Courts Should Play

    KAWANABE, Takeshi  [Invited]

    ASSOCIATION FOR STUDIES OF CONSTITUTIONAL THEORY 

    Presentation date: 2017.03

  • Review: Joel I. Colon-Rios, Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power, Oxon: Routledge, 2012, Ch. 5-10.

    KAWANABE, Takeshi

    The 1st Hitotsubashi University Coference in 2017 of the U. S. Constitutional Theory 

    Presentation date: 2017.01

  • Review: Keith E. Whittington, Originalism: A Critical Introduction, 82 Fordham L. Rev. 375 (2013); Jack M. Balkin, The New Originalism and the Uses of History, 82 Fordham L. Rev. 641 (2013)

    KAWANABE, Takeshi  [Invited]

    Association of the U. S. Constitutional Studies 

    Presentation date: 2014.05

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Syllabus

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Teaching Experience

  • Japanese Constitution and Law

    Faculty of Nursing, Kawasaki City College of Nursing  

    2022.04
    -
    Now
     

  • Intermediate Seminar (Reading Japanese Constitutional Cases Seriously)

    Waseda University Faculty of Political Science and Economics  

    2022.04
    -
    Now
     

  • Law A

    Waseda University Faculty of Political Science and Economics  

    2022.04
    -
    Now
     

     View Summary

    The textbook was changed from the same-title class in fiscal 2021.

  • Japanese Constitution A

    Hosei University Faculty of Economics  

    2021.04
    -
    Now
     

     View Summary

    Open in the Spring semester of fiscal 2021, 2022.

  • Fresh-Start Seminar(09, 68)

    Waseda University Faculty of Political Science and Economics  

    2020.05
    -
    Now
     

     View Summary

    The contents of syllabus are the same in both 09 and 68. The 1st semester in fiscal 2020, 2021. In fiscal 2022 1st semester, only 09 is open.

  • Intermediate Seminar(Party Politics In the U. S.)

    Waseda University Faculty of Political Science and Economics  

    2021.09
    -
    2022.03
     

  • Constitutional Law IIB

    Kokugakuin University Faculty of Law  

    2021.09
    -
    2022.03
     

  • Law B

    Waseda University Faculty of Political Science and Economics  

    2021.09
    -
    2022.03
     

  • Japanese Constitution B

    Hosei University Faculty of Economics  

    2021.09
    -
    2022.03
     

     View Summary

    P. 388.

  • Intermediate Seminar(Gender and Democracy)

    Waseda University Faculty of Political Science and Economics  

    2020.09
    -
    2022.03
     

     View Summary

    The 2nd semester in fiscal 2020, 2021.

  • Constitutional Law IB

    Kokugakuin University Faculty of Law  

    2021.04
    -
    2021.07
     

  • Law A

    Waseda University Faculty of Political Science and Economics  

    2021.04
    -
    2021.07
     

  • The Constitution of Japan b

    Tsuda College Faculty of Liberal Arts  

    2020.11
    -
    2021.03
     

  • Topics in International Political Science and Economics(The Constitution and Democracy)

    Waseda University Faculty of Political Science and Economics  

    2020.09
    -
    2021.03
     

  • Intermediate Seminar: Comparative Constitutional Studies of Transparency and Democratic Faith in Judicial Procedure

    Waseda University Faculty of Political Science and Economics  

    2020.09
    -
    2021.03
     

  • Topics in Political Science(The Constitution and Democracy)

    Waseda University Faculty of Political Science and Economics  

    2020.09
    -
    2021.03
     

  • The Constitution of Japan

    Kawamura Gakuen Woman’s University Faculty of Literature  

    2018.04
    -
    2021.03
     

  • Japanese Constitution a

    Tsuda College, Faculty of Liberal Arts  

    2020.09
    -
    2020.11
     

  • Intermediate Seminar(The Theory and the Thought of Majority Rule)

    Waseda University Faculty of Political Science and Economics  

    2020.05
    -
    2020.07
     

  • Law

    Tsuda College, Faculty of Liberal Arts  

    2020.04
    -
    2020.06
     

  • Reading Foreign Legal Text

    Hitotsubashi University Faculty of Law  

    2019.09
    -
    2020.01
     

  • 導入ゼミナール(日本の国会制度に関する書籍を1冊読んでみる。)

    一橋大学法学部  

    2019.04
    -
    2019.07
     

  • Start-up Seminar

    Hitotsubashi University Faculty of Law  

    2019.04
    -
    2019.07
     

  • The Constitution of Japan

    Tokyo City University Faculty of Liberal Arts  

    2017.06
    -
    2017.09
     

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