NCJ Number
129219
Journal
Law and Contemporary Problems Volume: 53 Issue: 1 and 2 Dated: special issue (Winter/Spring 1990) Pages: 17-49
Date Published
1990
Length
33 pages
Annotation
The article discusses the history of the present Japanese constitution, how it changed from the late nineteenth century constitution, and what influences affected its current form.
Abstract
A discussion of the legacy of the old Meiji Constitution and its tenno system begins the article. The tenno system is briefly discussed as an idea which played a major role in the development of the current constitution yet has become a minor institution today. The American influence upon the constitution of Japan provided the idea of democracy and the protection of individual rights such as political freedom, equality under the law, and due process in criminal proceedings. The adoption of due process and judicial review is presented major areas of foreign law influence on Japan's government and includes a detailed discussion on four aspects of judicial review: controversy about Japan's Supreme Court's role in government; the transformation of judicial power; judicial review in operation; and the origins of judicial negativism. A presentation of the extrajudicial factors supporting human rights in Japan and Japan's Supreme Court's role in this area concludes the article. 106 notes