Court and Constitution in Japan: Selected Supreme Court Decisions, 1948-60

Court and Constitution in Japan: Selected Supreme Court Decisions, 1948-60

Court and Constitution in Japan: Selected Supreme Court Decisions, 1948-60

Court and Constitution in Japan: Selected Supreme Court Decisions, 1948-60

Excerpt

The Supreme Court of Japan possesses broad powers of control over the realm of Japanese jurisprudence. Not only is it the court of last resort with the power of constitutional review, but it administers the entire judiciary, is responsible for the training of all who enter the legal profession, and possesses the rule-making power relating to procedure in litigation and to the internal discipline of the courts. This volume concentrates on the problem of constitutional review. However, it is the purpose of this Introduction to present in broad outline a description of the structure, the functions, and the work of the Court, and to describe the nature of the Constitution of Japan and the manner in which the Court has approached the main problems of constitutional review.

Japan's Constitution, promulgated on May 3, 1947, created the Supreme Court and vested it with functions and powers new to the Japanese judiciary. The Court came into existence on August 4, 1947, and, like every major Japanese governmental and political institution of the democracy that has been created since World War II, it owes its existence to the occupation. It is equally significant that, like most of the other institutions, the Court was built on a nondemocratic predecessor which collapsed under the weight of war, defeat, and occupation. Japan's former highest court was the Daishinin or Court of Cassation. It was frequently . . .

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