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Supreme Court of Japan: Insights from Professor David S. Law

SCOTUSblog
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Summary

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  • The Supreme Court of Japan, established by the 1947 Constitution, is noted for its extreme conservatism and rarely overturns laws, striking down only about 10 national laws in 80 years.
  • It has no original jurisdiction except for a narrow statutory exception and decides around 10,000 cases annually, mostly through summary dispositions.
  • Despite being a coequal branch of government, the SCJ often faces noncompliance from the National Diet, exemplified by its landmark 1976 electoral malapportionment decision.
  • The court's conservative reputation is influenced by decades of governance by the Liberal Democratic Party, limiting its ability to enforce constitutional rights effectively.

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