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Japanese Constitutional Review

Posted on:2007-01-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:L X ZhaoFull Text:PDF
GTID:1116360182991429Subject:Legal history
Abstract/Summary:PDF Full Text Request
Constitutional Review is an important institution that came from the Supreme Court's case of the U.S in 1803. After the World War Two, Japan established the Constitutional Review along with the enforcement of new constitution in 1947. Because of the influence of the U.S, The Japanese institution is similar to the U.S. As influence of the traditional culture and the Civil Law, Japanese Constitutional Review has many characteristics in use. For example, American Judicial Review is activism. Japanese Judicial Review is passivism. But it's important for separation of powers and rights of people .The aim of this dissertation is to introduce and research the Constitutional Review of Japan. The research of this dissertation begins with the background and establishing of Japanese Constitutional Review, then analyses the essential issues, such as the subject, the object and the scope of Constitutional Review from deferent angle and aspect. The dissertation emphatically researches the theory and the cases of the Supreme Court in Japan.This dissertation includes five parts.The first part is the introduction. This part introduces the significance of dissertation, the concept, the research methods and limit, the source of material. I believe this research is of momentous current significance and theoretically significance.The second part analyses the established background and the process of Japanese Constitutional Review, It's both American influence and the resort of Japanese social development. As other words, American influence isn't the only cause.The third part researches the basic theory of Constitutional Review in Japan. This part includes model, subject, object, method, limit, effect, etc. Japanese theory has been influenced by American's in last 60 years, such as case or controversy, political question, standing, ripeness, mootness, etc. But Japanese culture and law system is different from...
Keywords/Search Tags:Japan, Constitutional Review, utilizing, characteristic, inspiration
PDF Full Text Request
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