The Japanese Constitution As Law and the
Legitimacy of the Supreme Court’s Constitutional
Decisions: A Response to Matsui

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 reviewContinue reading “The Japanese Constitution As Law and the
Legitimacy of the Supreme Court’s Constitutional
Decisions: A Response to Matsui”

Stealth Activism: Norm Formation by Japanese
Courts

The Article focuses on the political and social roles of the Japanese Supreme Court to the society. It argues with the remarks made by law professors John O. Haley and David S. Law about the Japanese fiduciary. It outlines the judicial decisions of court cases in various areas including employment, divorce and protection against discrimination.

Constitutional Adjudication in Japan: Context, Structures, and Values

The Article focuses on the author’s views about the judicial decision making of the Japanese Supreme Court. It presents a comparative study of the constitutional adjudication in Japan, the U.S. and Western Europe. It outlines the provisions which differ the Japanese Constitution from the others including the freedom of occupation guarantee and the protection ofContinue reading “Constitutional Adjudication in Japan: Context, Structures, and Values”

Why Has Judicial Review Failed in Japan?

The Article examines the political and institutional explanations for the failure of judicial review in Japan. It outlines the law reforms on the judicial process which affects the Supreme Court of Japan (SCJ). It concludes that the decision of the SCJ to discharge its responsibility for performing judicial review will be unlikely.

Managing Dissent

In his insightful new book, Managed Speech: The Roberts Court’s First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a “managed speech” approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse, constrain dissident speakers, and instillContinue reading “Managing Dissent”

Public Employee Speech and Magarian’s Dynamic Diversity

The Supreme Court under Chief Justice John Roberts has been praised in many quarters as a committed ally of free speech. Certainly, a number of Roberts Court decisions do protect speech. Putting aside the Court’s controversial campaign finance decisions—the merits of which divide even free speech advocates—the Roberts Court’s speech-protective decisions include several cases inContinue reading “Public Employee Speech and Magarian’s Dynamic Diversity”

A Half-Hearted Defense of the Categorical Approach

One of Professor Magarian’s more impressive achievements in Managed Speech is paying the Roberts Court the compliment of providing a theory that runs through its various First Amendment cases. The book shows us surprising and hidden connections between disparate opinions by the Justices of the Court, and between different areas of First Amendment law. Importantly,Continue reading “A Half-Hearted Defense of the Categorical Approach”