Freedom of Religion, Religious Political Participation, and Separation of Religion and State: Legal Considerations from Japan

This chapter discusses the relevant provisions of Japan&s;s Constitution as it relates to freedom of religion. It also provides a brief historical context by explaining how State Shinto influenced and was influenced by the Japanese political system prior to and leading up to World War II. It explains how the religion clauses in Japan&s;s post-World War II Constitution were a reaction to State Shinto and then details how Japan&s;s Supreme Court has interpreted these constitutional provisions. The chapter argues for the adoption of a new code to more effectively ensure freedom of religion and separation of religion and state in Japan. The Constitution of Japan has several clauses intended to guarantee freedom of religion and separation of religion and state. The experience of State Shinto can serve as material for considering the misuse of state action in religious affairs. State Shinto embodied a connection between the state and religion.