NCJ Number
129221
Journal
Law and Contemporary Problems Volume: 53 Issue: 1 and 2 Dated: special issue (Winter/Spring 1990) Pages: 61-72
Date Published
1990
Length
10 pages
Annotation
The ideas of "rule of law" and "State based on law," their American and English backgrounds, and their influence on Japan's current judicial system are compared.
Abstract
The basis of the "rule of law" idea is that governmental power is bound strictly by law to protect individual freedom or liberty. "State based on law" equals a State that preserves the public peace or protects the public from crime. These two ideas are defined and then discussed in light of the old Meiji constitution and the current constitution of Japan. Ideas on the rule of law and due process in England and the United States are presented and compared with what exists in Japan in light of several of Japan's Supreme Court decisions. The Constitution of Japan defines the rule of law as the protection of the rights and liberties of the people, yet these protections are not fully realized in practice as discussed in several examples by the author. 41 notes