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A Recent Case Concerning Article 9 Of The Japanese Constitution, In Which Plaintffs’ Allegations Were Denied On The Basis Of Lack Of Violation Of Legally Protected Rights Were Not Violated, Thomas Makoto Naruse
A Recent Case Concerning Article 9 Of The Japanese Constitution, In Which Plaintffs’ Allegations Were Denied On The Basis Of Lack Of Violation Of Legally Protected Rights Were Not Violated, Thomas Makoto Naruse
Japanese Society and Culture
This note introduces a case in Tokyo district court. In which case, plaintiffs alleged actions of cabinet and legislature were against Constitution. Plaintiffs claimed their rights (right to live in peace, personality rights, etc.). However, the court denied plaintiffs claim, because plaintiffs legally protected rights were not infringed. In the course of the judgment, the courts’ view on judicial power is shown. This note introduce the case from the perspective of elements of judicial power, especially requirement of concreteness of rights.