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

Vol.25,No.1(2017)

Tereza Pargačová

https://doi.org/10.5817/CPVP2017-1-11

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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.

Keywords:
Supreme Court of Japan; Constitutional Conformity; Court’s Organisation; Separation of Powers.

Pages:
151–161
Author biography

Tereza Pargačová

Faculty of Law, Masaryk University, Brno

student
References

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Copyright © 2017 Tereza Pargačová

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