NCJ Number
95425
Journal
Florida State University Law Review Volume: 10 Issue: 3 Dated: (Fall 1982) Pages: 339-368
Date Published
1982
Length
30 pages
Annotation
This article surveys the changes in the Japanese judiciary after Japan's defeat in the Second World War and its subsequent occupation by U.S. forces.
Abstract
The historical development of the Japanese socio-legal structure, beginning in the eighth century A.D., is discussed, and Japan's characterization by status relations among its members is noted. The Meiji Restoration, which dates from 1868, is explored. While the codes of the Meiji period were based primarily on French and German law with some elements of Anglo-American and Tokugawa law incorporated, the judicial framework was modeled after the French system. One of the avowed aims of the Meiji Constitution was the separation of powers, but the Supreme Court of Japan has stated that the Meiji Constitution has not realized this ideal. The 1947 Constitution prepared under American occupation guidelines provided for an independent judiciary with the power of judicial review. In postwar Japan there was considerable social and political dislocation and upheaval which led to abuses of the rights of individuals. The Court found it difficult to define, consistent with the public welfare, the limits of individual freedom. The significance of the judiciary in the overall scheme of conflict resolution in Japan is problematic, primarily because Japanese feel that good people neither trouble nor are troubled by the law. Although litigation is increasing in Japan, in comparison with similarly developed industrialized nations, the number of cases litigated remains low. A total of 195 references are included.