Supreme Court of Japan: Passive Player on the Field of Constitutionality? Cover Image

Nejvyšší soud Japonska: Pasivní hráč na poli ústavnosti?
Supreme Court of Japan: Passive Player on the Field of Constitutionality?

Author(s): Tereza Pargačová
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: Supreme Court of Japan; Constitutional Conformity; Court’s Organisation; Separation of Powers.

Summary/Abstract: This article discusses the Supreme Court of Japan and its reluctant attitude to its decision-making process in the current vision of its relationship towards the legislative and the executive power. The text is divided into three parts. The first part deals with the question of internal organisation of the Supreme Court of Japan and the issues of the binding effect of its precedents in the japanese judiciary. The second part describes the cooperation between the parts of state power including the consequences of this relationship. In the last part of this article two groups of Supreme Court’s decisions are discussed including the current political questions. Afterwards the Supreme Court’s attitude towards this issues are presented.

  • Issue Year: 25/2017
  • Issue No: 1
  • Page Range: 151-161
  • Page Count: 11
  • Language: Czech
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