The Constitutional Case Law Of Japan

Author : Hiroshi Itoh,Lawrence W. Beer
Publisher : University of Washington Press
Page : 310 pages
File Size : 42,7 Mb
Release : 2016-06-01
Category : Social Science
ISBN : 0295803983

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The Constitutional Case Law of Japan by Hiroshi Itoh,Lawrence W. Beer Pdf

The Constitutional Case Law of Japan, 1970 through 1990, contains translations of 47 Japanese judicial decisions, selected after consultation with leading Japanese constitutional lawyers and judges. Landmark decisions, cases considered legally, socially, or politically importatn, and cases of special interest to the foreign scholar are included. Major areas covered are the renunciation of war, equality of rights, economic freedoms, rights related to the quality of life, rights of participation in election politics, procedural rights, and rights and freedoms of the spirit. A substantial introduction gives an overview of Japan’s constutionalism since 1945, and concisely explains the constitutional system and the courts and their roles. Brief summaries of the cases translated and cases not translated are provided.

Author : Lawrence Ward Beer,Hiroshi Itoh
Publisher : Unknown
Page : 688 pages
File Size : 55,5 Mb
Release : 1996
Category : Law
ISBN : 0295975490

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The Constitutional Case Law of Japan, 1970 Through 1990 by Lawrence Ward Beer,Hiroshi Itoh Pdf

A translation of 47 Japanese judicial decisions (mostly Supreme Court cases) selected by Japanese constitutional lawyers and judges with an introduction presenting the historical, sociopolitical, and comparative context relevant the legal and judicial systems in general. Over 20 translators contrib

Author : John Owen Haley
Publisher : University of Georgia Press
Page : 277 pages
File Size : 40,9 Mb
Release : 2006
Category : Law
ISBN : 9780820328874

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The Spirit of Japanese Law by John Owen Haley Pdf

The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.

Author : Hideo Tanaka,Malcolm D. H. Smith
Publisher : [Tokyo] : University of Tokyo Press ; Forest Grove, Or. : distributor, ISBS, c1976, 1984 printing.
Page : 1000 pages
File Size : 43,8 Mb
Release : 1976
Category : Constitutional law
ISBN : UCSD:31822003618006

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The Japanese Legal System by Hideo Tanaka,Malcolm D. H. Smith Pdf

Author : Lawrence W. Beer
Publisher : Global Oriental
Page : 320 pages
File Size : 44,9 Mb
Release : 2009-05-01
Category : Law
ISBN : 9789004213036

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Human Rights Constitutionalism in Japan and Asia by Lawrence W. Beer Pdf

The collection opens with a review of constitutionalism in Asia and the United States and concludes with a recent examination of Japan’s rejection of war: ‘Japan’s Constitutional Discourse and Performance’. By way of Afterword, the author offers an in-depth review of ‘Globalization of Human Rights in the 21st Century’.

Author : Japan. Saikō Saibansho,John McGilvrey Maki
Publisher : Unknown
Page : 445 pages
File Size : 48,9 Mb
Release : 1978
Category : Constitutional law
ISBN : 0835703355

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Court and Constitution in Japan by Japan. Saikō Saibansho,John McGilvrey Maki Pdf

Author : Carl F. Goodman
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2012
Category : Rule of law
ISBN : 9041141251

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The Rule of Law in Japan by Carl F. Goodman Pdf

Since publication of the first edition, practitioners who deal with Japanese law have put great store in this major work, which systematically compares U.S. law and Japanese law across all the major fields of legal practice. Japan's legal system has changed dramatically since the publication of the Second Revised Edition as a consequence of Legislation and Supreme Court decisions in such diverse areas as public law (including administrative, election, constitutional and criminal law) as well as private law (including custody, assisted reproduction technology, labor law, discrimination, corporate governance, civil litigation, etc.). This new edition follows the same comparative structure as formerly, but fully updates the coverage with the many changes currently in place or in process in Japanese law today while adding new chapters on Freedom of Expression and Conflict of Laws. Author Carl Goodman--an internationally known authority with extensive experience in international practice, university teaching in both Japan and the U.S., and U.S. government service--takes expert stock of these new developments, including the following: the ongoing liberalization of corporation law; the changes in criminal law brought about as a consequence of the system of lay/professional judges; the codification and clarification of rules dealing with transnational jurisdiction; protection of corporate whistleblowers; an evaluation of the revamping of the education system for lawyers; the new law governing choice of law questions in international cases; the protections extended to the growing temporary work force; freedom of religion--shrines on public lands--and freedom of conscience--teachers and the National Anthem; modified criminal law procedural protections and new rules for judicial evaluation of circumstantial evidence cases; communitarianism and Japanese law; continuing growth in judicial review including constitutional and administrative cases; and family law--surrogacy, adoption, ART, international custody and the Hague Convention, Gender Identity disorder, brain death, organ transplantation etc. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that 'what you see may not be what you get.' For this reason, and for its comprehensive coverage, this third edition is sure to gain new adherents as the best-informed practical guide for lawyers with dealings in Japan.

Author : Hiroshi Itoh
Publisher : Routledge
Page : 360 pages
File Size : 40,9 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317014591

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The Supreme Court and Benign Elite Democracy in Japan by Hiroshi Itoh Pdf

The Constitution of Japan has served the country for more than half a century, creating and maintaining a stable and functional democratic system. This book innovatively interprets Japanese politics as a ’benign elite democracy’ whilst demonstrating the Supreme Court's vital contribution to the political structure. In The Supreme Court and Benign Elite Democracy in Japan, Hiroshi Itoh presents the first empirical study of judicial decision making under Japan's Constitution. He examines the Supreme Court’s records regarding the protection of civil rights and liberties, the preservation of the conformity of lower levels of laws and regulations to the Constitution, and the maintenance of the Court's relationships to the political branches. The analysis of these three aspects of constitutional litigation reveal how the Supreme Court contributes to the efficacy of constitutional democracy by keeping the system adaptable to the ever-changing environment in and around Japan.

Author : Hiroyuki Hata,Go Nakagawa†,Takehisa Nakagawa,Hiromi Nishimura,Takayoshi Okada
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 55,7 Mb
Release : 2022-08-20
Category : Law
ISBN : 9789403545653

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Constitutional Law in Japan by Hiroyuki Hata,Go Nakagawa†,Takehisa Nakagawa,Hiromi Nishimura,Takayoshi Okada Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Japan provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Japan will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Author : Curtis J. Milhaupt,J. Mark Ramseyer,Mark D. West
Publisher : Foundation Press
Page : 822 pages
File Size : 55,7 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105064113231

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The Japanese Legal System by Curtis J. Milhaupt,J. Mark Ramseyer,Mark D. West Pdf

This casebook on Japanese Law has been specially designed for ease of use and theoretical versatility. Heavily-edited cases, statutes, and articles canvass a wide range of intriguing problems and theoretical perspectives. Professors will find that it facilitates a variety of analysis and approaches to a given question--whether sociological, anthropological, or based on law and economics. The book allows for in-depth coverage of a diverse range of substantive areas of law, from torts, criminal law, and contracts to employment and corporate law.

Author : Japan. Saikō Saibansho,John M. Maki
Publisher : Unknown
Page : 445 pages
File Size : 42,8 Mb
Release : 1964
Category : Electronic
ISBN : OCLC:174777100

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Court and Constitution in Japan by Japan. Saikō Saibansho,John M. Maki Pdf

Author : Dean
Publisher : Cavendish Publishing
Page : 596 pages
File Size : 47,8 Mb
Release : 2002-02-14
Category : Law
ISBN : 9781843143222

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Japanese Legal System by Dean Pdf

Meryll Dean's superb new edition of Japanese Legal System provides a wide-ranging and unique insight into the legal system of a country which is at the forefront of global development, yet rarely examined by legal scholars. It is a major contribution to the study of comparative law and through its multidisciplinary approach breaks new ground in providing a comprehensive text on the subject. It draws on the author's first hand knowledge of Japan, but is written for non-Japanese speakers.; Through its approachable yet scholarly style, the reader is introduced to the essentials of the legal system, and guided through historical and cultural context; from which they will be able to develop an informed critique.; The book covers the history, structure and tradition of the Japanese legal system, as well as providing an insight into areas of substantive law. It contains extracts from diverse contemporary sources which, together with the author's commentary, guide the reader through the complexities of a different culture.The use of multidisciplinary sources, which are contextualised by the author, make what would otherwise be inaccessible material available for comparative analysis.; This book may be used as a textbook for undergraduate and postgraduate courses. It will be useful for those engaged in the study of history, politics, international relations and law, as well as being of value to academics, practitioners and those in business

Author : Luney, P. R. Jr.,Kazuyuki Takahashi
Publisher : Unknown
Page : 392 pages
File Size : 42,7 Mb
Release : 1993
Category : Constitutional law
ISBN : UOM:39015029031708

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Japanese Constitutional Law by Luney, P. R. Jr.,Kazuyuki Takahashi Pdf

Author : Hirobumi It
Publisher : Theclassics.Us
Page : 58 pages
File Size : 43,5 Mb
Release : 2013-09
Category : Electronic
ISBN : 1230449159

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Commentaries on the Constitution of the Empire of Japan by Hirobumi It Pdf

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...function of the courts of justice to try cases of law, a Court of Administrative Litigation is to be especially established? The proper function of judicial courts is to adjudicate in civil cases, and they have no power to annul measures ordered to be carried out by administrative authorities, who have been charged with their duties by the Constitution and the law. For, the independence of the administrative of the judicature is just as necessary as that of the judicature itself. Were administrative measures placed under the control of the judicature, and were courts of justice charged with the duty of deciding whether a particular administrative measure was or was not proper, administrative authorities would be in a state of subordination to judicial functionaries. The consequence would be that the administrative would be deprived of freedom of action in securing benefits to society and happiness to the people. Administrative authorities carry out measures by virtue of their official functions, and for these measures they lie under constitutional responsibility, and it follows that they ought to possess power to remove obstacles in the path of these meainflue: sures, and to decide upon suits springing from the carrying out of them. For, should the administrative be denied this power, its executive efficacy would be entirely paralized, and it would no longer be able to discharge the responsibilities put upon it by the Constitution. This is the first reason why it is necessary to establish a Court of Administrative Litigation in addition to judicial courts. As the object of an administrative measure is to maintain public interests, it will become necessary under certain circumstances to sacrifice individuals for the sake of the public...

Author : Daniel H. Foote
Publisher : University of Washington Press
Page : 704 pages
File Size : 40,7 Mb
Release : 2011-10-17
Category : Social Science
ISBN : 9780295801353

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Law in Japan by Daniel H. Foote Pdf

This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.