Reevaluating the 1973 Judgment of the Supreme Court of Japan as a Landmark Judgment

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Reevaluating the 1973 Judgment of the Supreme Court of Japan as a Landmark Judgment

Akiko EJIMA

It must be a daunting task for a court to use judicial power for the first time when there are no precedents on which to rely. This was the task facing the Supreme Court of Japan (SCJ) in 1973. The power of judicial review is clearly stated in article 81 of the Constitution of Japan (1946) in contrast to it being a matter of implication in the US Constitution, which is often seen as the role model for Japan.

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Anti-Democratic Constitutional Landmarks: Myanmar’s Constitutional Tribunal and the Right to Vote

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Anti-Democratic Constitutional Landmarks: Myanmar’s Constitutional Tribunal and the Right to Vote

Melissa CROUCH

The idea of constitutional landmarks contains a set of basic presumptions. It presumes that courts are important and that they receive cases. It presumes that constitutional landmarks are based upon a liberal democratic conception of law. It presumes that courts offer reasons for their decisions. And it presumes that cases heard by the courts have meaning and legitimacy…

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