Concerning the Japanese Public’s Evaluation of
Supreme Court Justices

The Article focuses on the author’s views concerning the decision of the Japanese Supreme Court towards the election of members in the House of Representatives and the House of Councilors. It highlights the Japanese Election Law which regulates the election of members in the Upper and Lower Houses. It stresses the disparities in voting powerContinue reading “Concerning the Japanese Public’s Evaluation of
Supreme Court Justices”

Judicial Recruitment and Promotion: Responses to
Professors Ramseyer and Repeta

In this Article, the author comments on the issues addressed by law professors J. Mark Ramseyer and Lawrence Repeta about the appointment of judges in the Japanese Supreme Court. He stresses the difficulty in measuring the productivity of judges as a basis for judicial appointment. He outlines the significant role of the Advisory Committee forContinue reading “Judicial Recruitment and Promotion: Responses to
Professors Ramseyer and Repeta”

The Supreme Court and the Push for Transparency
in Lower Court Appointments in Japan

An Article on the responsibility of the Japanese Supreme Court in the selection and appointment of lower court judges is presented. It highlights the articles from law professors which addresses the appointment of judges including Lawrence Repeta and J. Mark Ramseyer. It stresses the need to increase the transparency in the lower court appointment process.

Reserved Seats on Japan’s Supreme Court

The Article examines the decision on the allocation of seats to private attorneys and scholars in the Japanese Supreme Court. It outlines the reallocation of reserved seats during the term of Chief Justice Ishida Kazuto from 1969 to 1973. It stresses the institutionalization of an appointment pattern designed to limit the individual rights declared inContinue reading “Reserved Seats on Japan’s Supreme Court”

Do School Cliques Dominate Japanese
Bureaucracies?: Evidence from Supreme Court
Appointments

The Article presents a study which explores the impact of educational backgrounds on the appointment of judges in the Japanese Supreme Court. According to the author, the productivity of judges is the primary factor for the appointment in the Supreme Court. It stresses the lack of evidence to justify the favoritism toward graduates from KyotoContinue reading “Do School Cliques Dominate Japanese
Bureaucracies?: Evidence from Supreme Court
Appointments”

Constitutional Precedents in Japan: A Comment
on the Role of Precedent

In this Article, the author comments on the views of Professor Hiroshi Itoh about the approach of the Japanese Supreme Court towards constitutional precedents. He stresses the importance of precedents in the constitutional adjudication which creates constraints in the judicial decision-making. He outlines the role of precedents in the “Tsu City Ground-breaking Ceremony Case.”

The Role of Precedent at Japan’s Supreme Court

The Article examines the use of precedents in the judicial decision making of the Japanese Supreme Court. It outlines the paradigms of the behavioral approach of judicial decision-making analysis which include the attribute, strategic and role paradigm. It is inferred that the use of judicial precedents act as a means of justifying and rationalizing theContinue reading “The Role of Precedent at Japan’s Supreme Court”

“Chōsakan”: Research Judges Toiling at the Stone
Fortress

The Article describes the role of research judges in the Supreme Court of Japan. It outlines the functions of research judges under Article 57 of the Judiciary Act of 1947 which engage in research necessary for trial and adjudication of a court case. It highlights the supplementary provisions to Article 57 which include the appointmentContinue reading ““Chōsakan”: Research Judges Toiling at the Stone
Fortress”

Looking Through the Wrong End of the Telescope:
The Japanese Judicial Response to Steel Partners,
Murakami, and Horie

The Article discusses the “Bulldog Sauce” case of the Japanese Supreme Court which addresses corporate laws. It outlines the judicial efforts of the Japanese Supreme Court to utilize defensive techniques against corporate raiders. It highlights the Article 109 and 247 of the Company Law which have been considered by the Japanese Supreme Court in theContinue reading “Looking Through the Wrong End of the Telescope:
The Japanese Judicial Response to Steel Partners,
Murakami, and Horie”

Judicialization of Politics and the Japanese Supreme
Court

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.