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Full-Text Articles in Comparative and Foreign Law

Federalism And The Soviet Constitution Of 1977: Commonwealth Perspectives, William C. Hodge Jun 1980

Federalism And The Soviet Constitution Of 1977: Commonwealth Perspectives, William C. Hodge

Washington Law Review

Part I of this article will consider the 1977 Constitution in a general manner, focusing on the debate over whether it represents an advancement of the rule of law, or an embodiment of arbitrary party power. Part II will focus on the validity of the Soviet model of federal republican sovereignty. Throughout, the experience and constitutions of other nations will be drawn upon for comparison and analysis.


Standing, The "New Property," And The Costs Of Welfare: Dilemmas In American And West German Provider-Administration, Robert Dugan May 1970

Standing, The "New Property," And The Costs Of Welfare: Dilemmas In American And West German Provider-Administration, Robert Dugan

Washington Law Review

The overwhelming increase in governmental welfare, subsidy, and licensing programs in the United States' recent history has prompted substantial acadenic controversy and judicial uncertainty over the requisites for standing to challenge the decisions of our provider-administration. Looking beyond our traditional theories, Mr. Dugan examines recent decisions of the West German Federal Administrative Court with respect to mandatory and discretionary governmental benefits which are deemed to create rights in their intended beneficiaries. He argues that the most sound analytical approach to the problem as we now view it would be to apply a "violated right" standard, since injury depends upon violation …


The Right To Fair Hearing In Japanese Administrative Law, Nathaniel L. Nathanson, Yasuhiro Fujita Apr 1970

The Right To Fair Hearing In Japanese Administrative Law, Nathaniel L. Nathanson, Yasuhiro Fujita

Washington Law Review

The right to fair hearing in contemporary Japanese administrative law is a tender plant, lacking deep roots in historical tradition, and struggling for survival in a relatively hostile environment, Fair hearing was a concept practically unknown to the administrative law of pre-war Japan, which, taking its cue from German and French law, relied principally, not on the procedural rights of the individual, but rather upon the skill and dedication of administrators for the achievement of efficiency and justice, with only occasional judicial review by the Administrative Court. The Anglo-American maxim that "he who decides must hear" was indeed foreign to …


Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin Mar 1970

Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin

Washington Law Review

The Columbia University School of Law project on international procedure has already published three books on foreign civil procedure. Civil Procedure in France is a significant and most important addition to this series, for to my knowledge it constitutes the first comprehensive study of modern French civil procedure in the English language.


Introduction: Perspectives On The Japanese Constitution After Twenty Years, Dan Fenno Henderson Jun 1968

Introduction: Perspectives On The Japanese Constitution After Twenty Years, Dan Fenno Henderson

Washington Law Review

The articles in this symposium are concerned with several major problems encountered en route from the promulgation to present social realization of the new style of Japanese constitutionalism. We have taken this opportunity to reflect after twenty years upon the problems of structure, political milieu, and continuity with the past. To some, continuity with the Meiji Constitution (1889-1947) might seem farfetched until we remember that it had several characteristics in common with the new Constitution: both followed foreign models (German and Anglo-American); both were far in advance of the social realities which they sought to transform; both were thus a …


The Japanese Constitutional Style, John M. Maki Jun 1968

The Japanese Constitutional Style, John M. Maki

Washington Law Review

This examination of Japan's constitutional style is based on the manner in which the following factors have contributed to its development or have become elements of it: past constitutional history, the broad reaction against militarism and authoritarianism, basic constitutional principles, the renunciation of war, the electoral system, the structure of government, the relationship between the government and the people, education and the mass media, the intellectuals, changing social relations, popular controversy and the issue of revision. The conclusion will be that the 1947 Constitution has been firmly woven into the general institutional framework of Japanese society and will endure. Even …


Some Reminiscences Of Japan's Commission On The Constitution, Kenzo Takayanagi Jun 1968

Some Reminiscences Of Japan's Commission On The Constitution, Kenzo Takayanagi

Washington Law Review

On June 11, 1956, the Commission on the Constitution was created. Its duties, as laid down by the enacting statute, were "to examine the Constitution of Japan, to investigate and deliberate on problems related thereto, and to report the results to the Cabinet and through the Cabinet to the National Diet." When the work of the Commission on the Constitution was approaching an end in 1964, there was informal talk about attempting an English translation of at least the Final Report. For a variety of reasons, this idea failed to materialize. However, there have been at least two excellent articles …


Appendix: Opinion On Some Constitutional Problems—The Rule Of Law, Kenzo Takayanagi Jun 1968

Appendix: Opinion On Some Constitutional Problems—The Rule Of Law, Kenzo Takayanagi

Washington Law Review

Translator's Note: On July 19, 1963, at the 114th plenary session of the Commission on the Constitution, the late Professor Kenzo Takayanagi, its chairman, submitted a long opinion on constitutional problems. It was published as a 76-page appendix to the minutes of that session. The opinion was organized into nine sections: General Problems (an evaluation of the process of enactment, constitutional revision, constitutional interpretation, and the written style of the Constitution totalling 8 pages); The Emperor (7 pages); The Renunciation of War (9 pages); The Rule of Law (24 pages); The Parliamentary Cabinet System (19 pages); Finances (3 pages); Local …


Japanese Judicial Review Of Legislation: The First Twenty Years, Dan Fenno Henderson Jun 1968

Japanese Judicial Review Of Legislation: The First Twenty Years, Dan Fenno Henderson

Washington Law Review

The shift in 1947 from a political to a legal (or justiciable) constitution of Anglo-American design meant also a shift from professors to the courts as the authoritative expounders of the Constitution, though of course the leading critics and synthesizers are still the scholars. Soon followed, for the first time, a body of Supreme Court decisions which became the detailed sources of constitutional law, presaging adoption throughout the legal profession of a new juristic method in the public law field using scholarly theories where appropriate but rooted in case analysis. These changes in professional roles, sources and methods have caused …


Twenty Years Of Revisionism, H. Fukui Jun 1968

Twenty Years Of Revisionism, H. Fukui

Washington Law Review

It would seem most natural that the 1947 Constitution of Japan should have been the target of strong revisionist pressure in the years following its promulgation, considering its contents and the special circumstances of its making. However, looking back upon the developments in this revisionist movement, one is struck by the degree of ambivalence and confusion in the attitudes of both the proponents. and opponents of revision and by the apparent failure of the former to effect revision. It is my view that these two impressions are very intimately interrelated and that an understanding of this relationship is necessary if …


Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota Jun 1968

Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota

Washington Law Review

Although the power of judicial review is granted in unmistakable terms, Japanese courts have proceeded with great caution and discretion in their exercise of the power. One aspect of the Japanese courts' caution is illustrated by its use of the political question doctrine. Under this doctrine the judicial branch recognizes the validity of determinations of the political branches and does not review them to see whether they conform to the Constitution. The rationale is that the Constitution itself places some questions solely under the competence of the political branches of the government.


Treaties And The Constitution, Isao Sato Jun 1968

Treaties And The Constitution, Isao Sato

Washington Law Review

Problems of the validity of treaties in a constitutional order concern aspects of both international and constitutional law. The chief concern of this article, however, is the effect of the Japanese Supreme Court's power of judicial review upon the validity of treaties in domestic law. The relationship of treaties and the Constitution long has been a favorite theme of Japanese international law scholars. Under the new Constitution it has become an urgent and unavoidable issue for constitutional law scholars as well; the present constitution, unlike the Meiji Constitution, has provisions, (Articles 81 and 98), which bear directly upon the problem.


Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa Jun 1968

Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa

Washington Law Review

The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.


The "Right Of Silence" In Japanese Law, B. J. George, Jr. Jun 1968

The "Right Of Silence" In Japanese Law, B. J. George, Jr.

Washington Law Review

The concept of a right of silence, particularly in the case of an accused person, was totally unknown in traditional Japanese law. Tokugawa procedure made no clear-cut distinction between civil and criminal or judicial and administrative proceedings; those embroiled in disputes were expected, indeed required, to make full revelation of everything which bore on the propriety of their activity. In what today would be a criminal proceeding, the defendant was expected to respond to questioning; and he could be tortured until he made the requisite statement. During the first decade or two of the Meiji period (1868-1912) some changes were …


Protection Of Property Rights And Due Process Of Law In The Japanese Constitution, Nobushige Ukai, Nathaniel L. Nathanson Jun 1968

Protection Of Property Rights And Due Process Of Law In The Japanese Constitution, Nobushige Ukai, Nathaniel L. Nathanson

Washington Law Review

Some writers find a reflection of the due process clauses of the fifth and fourteenth amendments of the United States Constitution in Article 31 of the 1946 Japanese Constitution. Article 31 provides: "No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law." Obviously there are disparities as well as similarities between this article and the American due process clauses. Since the Japanese Constitution was framed under the direction of the Supreme Command Allied Powers (SCAP), during the allied occupation, the similarities are not surprising. Many of …


The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer Jun 1968

The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer

Washington Law Review

This article analyzes the constitutional right of free expression, exercised by political demonstrations, in the political context of contemporary Japan, where consensus among political parties on the constitutional framework itself is lacking. The Japanese people possess an unusually strong sense of cultural unity, and strong emphasis is placed on harmony and consensus in social relations. On the other hand, the excesses and strident tone of many mass demonstrations strikingly illustrate the absence of consensus between groups and the pervasive tendency toward "groupism" which distinguish the Japanese from the American political setting. Although the sociopolitical tensions may have become great in …


Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki Oct 1967

Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki

Washington Law Review

This paper briefly describes some of the Japanese far-sea fisheries in the Pacific Ocean which are now of international concern. This includes some of the Japanese salmon fisheries (including some classified in the off-shore fishery), the kingcrab fishery and the bottomfish fishery in the northern North Pacific, and the tuna fishery in the Pacific Ocean. Brief remarks are also made on recent conditions of the major stocks.


Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini Oct 1967

Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini

Washington Law Review

Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …


Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini Oct 1967

Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini

Washington Law Review

Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …


Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki Oct 1967

Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki

Washington Law Review

This paper briefly describes some of the Japanese far-sea fisheries in the Pacific Ocean which are now of international concern. This includes some of the Japanese salmon fisheries (including some classified in the off-shore fishery), the kingcrab fishery and the bottomfish fishery in the northern North Pacific, and the tuna fishery in the Pacific Ocean. Brief remarks are also made on recent conditions of the major stocks.


Increasing The Flow Of Private Funds To The Underdeveloped Countries: A Proposal, Paul M. Goldberg Oct 1966

Increasing The Flow Of Private Funds To The Underdeveloped Countries: A Proposal, Paul M. Goldberg

Washington Law Review

If the underdeveloped nations of the world are to achieve their goal of a substantial increase in their standards of living, they must import private capital. Foreign investors, however, have recently shown a reluctance to invest abroad because of the increasing risk of uncompensated expropriation of their property. Several current proposals seek to reduce this risk by limiting the power of states to acquire alien property. This approach appears to be ineffective because of the reluctance of the underdeveloped nations to agree to abide by foreign standards of property treatment. After outlining the nature of the problem and analyzing the …


Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman Oct 1966

Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman

Washington Law Review

It is almost universally recognized that land reform in Latin America is of vital interest to all of the countries of the hemisphere, and that it is long overdue. The degree of concentration of landholdings in the great estates (the latifundios) is astonishing: in Brazil, it appears that 1.5 per cent of all landholdings account for over 48 per cent of the farm area; in Chile, 1.4 per cent of holdings account for over 68 per cent of the farm area; in Ecuador, 0.17 per cent of holdings account for 37 per cent of the farm land; in Venezuela, 1.69 …


The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth Oct 1965

The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth

Washington Law Review

The future of this common agricultural policy, as well as that of the European Economic Community itself, however, has been made somewhat uncertain by France's decree, on July 1, 1965, of a "temporary boycott" of the meetings of the Council of Ministers of the Community due to a failure to agree upon the method of financing the Community's agricultural policy. This boycott may well have "triggered the most serious crisis in the bloc's seven year history," because the dispute is thought by some to be a mere symptom of a more fundamental conflict between France and her Common Market partners. …


Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez Oct 1965

Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez

Washington Law Review

There are four basic categories of employer misconduct which the Industrial Peace Act (hereinafter referred to as the "act") labels as unfair labor practices. The first is a very broad category; it includes interference, restraint or coercion of employees with respect to their right to organize. The other three refer to particular types of conduct: (1) requiring "yellow dog" contracts; (2) company unionism; (3) discriminatory practices affecting employment which encourage or discourage membership in any labor organization,"' or prejudicial acts committed against an employee for having filed charges, testified, or for being about to testify under the act.


Foreword [To Philippine Symposium], George E. Taylor Aug 1965

Foreword [To Philippine Symposium], George E. Taylor

Washington Law Review

The essays in this symposium bring out two themes—the relation of the American model to the substance and practice of law in the Philippines and the influence of the spirit of nationalism. Neither can be fully understood without reference to the past, for both have been fundamentally affected by the half century of American occupation. The substance of the law clearly owes most to the American model although Spanish civil law was not, in certain important areas, discarded. The Constitution of 1936, drawn up by an elected convention under the chairmanship of the late Senator Claro Recto, strongly reflects the …


Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck Aug 1965

Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck

Washington Law Review

The first view of administrative law and the administrative process in the Philippines is a familiar one to an American lawyer. Even the names of important agencies are the same as, or very similar to, the names of important agencies of the United States government. Thus, there is a Securities and Exchange Commission, a Civil Aeronautics Administration, a Philippine Patent Office, a Food and Drug Administration, a Bureau of Internal Revenue, a Bureau of Immigration, and a Bureau of Customs. Some departmental names are also familiar: Justice, Agriculture and Natural Resources, Commerce and Industry, and Labor. And, though many of …


An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman Aug 1965

An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman

Washington Law Review

Since 1898, when the United States acquired possession of the Philippines from Spain, both sides have characterized relations with the other as "special." As with other characterizations of this type, "special relationship" has meant different things at different times. This article will attempt to chip away some of the encrustation that has accumulated upon this term over the years, at least in the economic sphere, and to see what this special economic relationship should mean in the world of the mid-1960's. In the early period of United States administration of the Philippines, the special relationship could perhaps be said to …


The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes Aug 1965

The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes

Washington Law Review

The relations which have developed between the Philippines and the United States during more than sixty years of close association have been variously described as "unique,"' "peculiar," ' and "special." The most unusual relations are those created by an amendment to the Philippine Constitution extending to citizens and corporations of the United States, for a period of twenty-eight years, equal rights with Filipino citizens and corporations in the exploration, development, and utilization of natural resources and the operation of public utilities. Parity rights, as this grant is popularly called, were the subject of bitter controversy in the Philippines when proposed …


Business Organizations In The Philippines, Sulpicio Guevara Aug 1965

Business Organizations In The Philippines, Sulpicio Guevara

Washington Law Review

The Philippines is a developing nation, but development has not been as rapid as in other countries devastated by the last world war. Consequently, it is the avowed policy of the Philippines to attract foreign capital and investments, preferably under "joint-business ventures" with Filipino capitalists and entrepreneurs. The greatest deterrent to foreign investment in the Philippines was the foreign exchange controls instituted in 1949 to protect the country's deteriorating foreign exchange international reserve. However, the Central Bank of the Philippines abolished controls on foreign exchange, and business in the Philippines is now operating under a climate of comparative free enterprise.


National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short Aug 1965

National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short

Washington Law Review

On August 1, 1964, the Philippine Bureau of Internal Revenue held a picnic in Taytay, Rizal Province, attended by more than 2,000 persons, to celebrate the 60th anniversary of its founding. The Philippine Bureau of Internal Revenue was organized on August 1, 1904, some six years after the Philippines came under the control of the United States. Its present complement of approximately 6,000 employees administers a variety of National Government taxes and can claim credit for providing roughly sixty per cent of total National Government revenues.