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Jurisprudence Commons

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Courts

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2011

Conservatism

Articles 1 - 2 of 2

Full-Text Articles in Jurisprudence

The Japanese Constitution As Law And The Legitimacy Of The Supreme Court's Constitutional Decisions: A Response To Matsui, Craig Martin Jan 2011

The Japanese Constitution As Law And The Legitimacy Of The Supreme Court's Constitutional Decisions: A Response To Matsui, Craig Martin

Washington University Law Review

The Article focuses on the author's comments to the article of Professor Shigenori Matsui about the conservative jurisprudence of the Japanese Supreme Court. It outlines the conduct of the Japanese Supreme Court as well as the legitimacy of its constitutional decisions. It describes an approach in the application of proportionality principle in the judicial review of fundamental constitutional rights.


Judicialization Of Politics And The Japanese Supreme Court, Tokujin Matsudaira Jan 2011

Judicialization Of Politics And The Japanese Supreme Court, Tokujin Matsudaira

Washington University Law Review

The Article focuses on the author's comments to the article of Professor Shigenori Matsui which stresses the conservatism of the Japanese Supreme Court. It outlines the reluctance of the Japanese Supreme Court to judicialize politics through constitutional adjudication. It highlights the standards of judicial review which have been adopted from the German conceptual jurisprudence.