NCJ Number
129234
Journal
Law and Contemporary Problems Volume: 53 Issue: 1 and 2 Dated: special issue (Winter/Spring 1990) P 109-124 (N 2)
Date Published
1990
Length
16 pages
Annotation
The article traces the development of the equal protection principle of the Japanese Constitution over the past four decades and points out significant tendencies with an emphasis on major litigation.
Abstract
The changes in laws and society caused by the 1947 constitution's provisions for equal protection under the law began the article. A discussion of judicial review of discriminatory laws and policies follows which uses several specific court cases as examples. For example, a patricide case which forced clarification on murder sentences as provided for in the 1947 constitution. Gender and creed discrimination is the next topic addressed, followed by a discussion of court enforcement of equal protection in the political process which deals with reapportionment for voting purposes. Several Japanese Supreme Court decisions are presented and discussed. The application of the equal protection principle to welfare rights is the last major topic addressed. The conclusion sums up the development of the equal protection principle in the Japanese constitution as slow and gradual, but as a promoter of the significance of human rights. 48 notes