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Judicial Review and Judicial Activism in Japan

NCJ Number
129227
Journal
Law and Contemporary Problems Volume: 53 Issue: 1 and 2 Dated: special issue (Winter/Spring 1990) Pages: 169-179
Author(s)
H Itoh
Date Published
1990
Length
11 pages
Annotation
The article discusses the relationship between the Japanese Supreme Court, lower courts, the Diet, the Cabinet, the bureaucracy, and the policymakers of prefectural and local governments in terms of judicial activism and review.
Abstract
Judicial activism is defined in terms of conflict between the courts and the political branches on constitutional policies. A court is activist whenever it declares public policies unconstitutional and is self-restrained whenever it upholds the constitutionality of public policies. The history of judicial review and the judicial activism of Japan's lower courts are examined in terms of the article's definition of judicial activism. The article then examines the judicial activism of Japan's Supreme Court using various historical examples. The nature and prospect of judicial activism in the future conclude the article. 34 notes

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