Constitutional Review by Supreme Court in Japan
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Abstract
The Constitution of Japan established a political organization structure based on the
principle of Separation of Powers by requiring the parliament to exercise its legislative
power, cabinet to do so on executive power and the courts for judicial power. The constitution
admits the concept of the Supremacy of the Constitution and the power of the Supreme
Court to protect the Supremacy of the Constitution to protect the constitutionality of any
law, order, regulation or official act. However, in practice, it appears that filing a petition
to the Supreme Court to determine whether the provisions of the law are inconsistent
with the constitution, is often done for political rather than legal consequence.
Therefore, The Supreme Court likely avoids ruling in the way that the law was inconsistent
with the constitution.
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References
Hein, Patrick. How the Japanese became foreign to themselves: the impact of globalization on the private and public spheres in Japan. Vol. 164. LIT Verlag Münster, 2009.
Ito, Hirobumi. Commentaries on the Constitution of the Empire of Japan. Univ Publications of Amer, 1906.
Maki, John M. "The Constitution of Japan: pacifism, popular sovereignty, and fundamental human rights." Law and Contemporary Problems 53, no. 1 (1990): 73-87.
Satoh, Jun-ichi. "Judicial Review in Japan: An Overview of the Case Law and an Examination of Trends in the Japanese Supreme Court's Constitutional Oversight." Loy. LAL Rev. 41 (2007): 603.
Kawagishi, Norikazu. "The birth of judicial review in Japan." International journal of constitutional law 5, no. 2 (2007): 308-331.
Matsui, Shigenori. The constitution of Japan: a contextual analysis. Bloomsbury Publishing, 2010.
Matsui, Shigenori. "Why is the Japanese Supreme Court so conservative." Washington University Law Review 88 (2010): 1375-1424.
Ogawa, Ichiro. "Judicial review of administrative actions in Japan." Washington Law Review 43 (1967): 1075-1094.
Nishikawa, Toshiyuki. "The Future of the Japanese Constitution: From the" MacArthur Constitution" to What?." 比較法文化: 駿河台大学比較法研究所紀要 17 (2009): 51-79.
Hasebe, Yasua. "Constitutional borrowing and political theory." International Journal of Constitutional Law 1 (2003): 224.