Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ The American Journal...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
The American Journal of Comparative Law
Article . 1958 . Peer-reviewed
Data sources: Crossref
versions View all 2 versions
addClaim

Constitutional Adjudication in Japan

Authors: NATHANSON, Nathaniel;

Constitutional Adjudication in Japan

Abstract

The Constitution of Japan as adopted November 3, 1946, and effective May 3, 1947, did not leave to implication or debate, the question whether the judicial power would include the authority to adjudicate the constitutional validity of legislation enacted either by the Diet or by any of the subordinate legislative organs of the state. Article 81 explicitly provides that "The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act." Although this provision unquestionably resolves the most fundamental problem of all with regard to the appropriate role of the judiciary in preserving constitutional rights, it suggests at least two other jurisdictional issues basic to a system of constitutional adjudication. The first is whether the very explicitness of the provision with regard to the Supreme Court, and the absence of any similar provision with respect to the inferior courts, implies that the power of the Supreme Court "to determine the constitutionality of any law, order, regulation or official act" is any different from the power of the inferior courts to make similar determinations. The second is whether the power of the Supreme Court to determine constitutional questions is qualified or inhibited by conceptions comparable to those which have been developed in American constitutional law under the rubrics of "the nature of judicial power" or the meaning of "case or controversy" under Article III. Although these questions are closely related to each other, the answer

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    1
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
bronze
Fields of Science
Fields of Science
Related to Research communities