The Constitution of Japan has served the country for more than half a century, creating and maintaining a stable and functional democratic system. This book innovatively interprets Japanese politics as a ’benign elite democracy’ whilst demonstrating the Supreme Court's vital contribution to the political structure. In The Supreme Court and Benign Elite Democracy in Japan, Hiroshi Itoh presents the first empirical study of judicial decision making under Japan's Constitution. He examines the Supreme Court’s records regarding the protection of civil rights and liberties, the preservation of the conformity of lower levels of laws and regulations to the Constitution, and the maintenance of the Court's relationships to the political branches. The analysis of these three aspects of constitutional litigation reveal how the Supreme Court contributes to the efficacy of constitutional democracy by keeping the system adaptable to the ever-changing environment in and around Japan.

The Constitution of Japan has served the country for more than half a century, creating and maintaining a stable and functional democratic system. This book innovatively interprets Japanese politics as a ’benign elite democracy’ whilst demonstrating the Supreme Court's vital contribution to the political structure. In The Supreme Court and Benign Elite Democracy in Japan, Hiroshi Itoh presents the first empirical study of judicial decision making under Japan's Constitution. He examines the Supreme Court’s records regarding the protection of civil rights and liberties, the preservation of the conformity of lower levels of laws and regulations to the Constitution, and the maintenance of the Court's relationships to the political branches. The analysis of these three aspects of constitutional litigation reveal how the Supreme Court contributes to the efficacy of constitutional democracy by keeping the system adaptable to the ever-changing environment in and around Japan.

This book presents a collection of lessons on how best to run elections and politics, using examples from the Japanese experience and showing how elections operate in a non-Western democracy. Featuring extensive data and evidence from both Japan and the United States, the themes covered include one-party rule, ballot security and voting procedures, election regulations, malapportionment and gerrymandering, court interventions, voter attachments, and distortions of the public will by election rules. In so doing, the analysis challenges conventional wisdom in both Japan and the United States, highlighting surprising and counterintuitive findings from decades of observation. This book also explicitly compares Japan to other, similarly situated democracies. Japan is therefore not treated as a standalone case but, rather, the lessons from Japan are contextualized for greater understanding and can be used to inform discussions about comparative elections and democracy. Offering practical advice in relation to elections and the functions of democracy, Japanese Democracy and Lessons for the United States will be useful to students and scholars of Japanese, US, and comparative politics.

Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.