• Ali Assareh

Today in Legal History: Supreme Court of Japan's Birthday (August 4, in 1947)

Updated: Oct 30, 2020

Today, August 4, in 1947, the Supreme Court of Japan was established.


Like the Supreme Court of the United States (SCOTUS), the Supreme Court of Japan (SCJ) too has the power of "judicial review": It can strike down any legislation or executive action it deems "unconstitutional".


In practice though, the SCJ has been more restrained in exercising judicial review compared to SCOTUS. One reason is the existence of Cabinet Legislation Bureau in Japan, which is a body of bureaucrats and judges who scrub legislation to avoid constitutional flaws. Another reason is the influence of the more restrained German jurisprudence. (Germany, and German legal forms, provided the inspiration for the Meiji restoration-era reforms in Japan).


You can read about SCJ on their English website: https://lnkd.in/dmvNz_T


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