NCJ Number
129231
Journal
Law and Contemporary Problems Volume: 53 Issue: 1 and 2 Dated: special issue (Winter/Spring 1990) P 29-33 (N 2)
Date Published
1990
Length
5 pages
Annotation
The article comments on the conclusions of Professor Osuka's welfare rights article and of Professor Nakamura's article on the freedom of economic activities and the right to property.
Abstract
The two articles being commented on are accounts of Japanese constitutional law development and decisions and, as such, give accounts of where scholars and courts have gone wrong. The author believes the articles illustrate how scholars are missing the questions they should ask such as what would happen if the State did a particular action as opposed to asking what should the State do. The author also comments that the articles show how the courts are missing the answers that they should give with regard to supporting the public versus powerful economic interests. The comment's basic premise is that doctrine and doctrinal studies miss the way people respond to courts, to constitutions, and to the way courts interpret constitutions. The conclusion drawn is that until scholars know how people do respond to courts and constitutions, they cannot know how courts should interpret constitutions. For related articles, see NCJ 129230 and NCJ 129229. 18 notes