The Czech Constitutional Court and the Japanese Supreme Court – Should they be the real examples OF Activism versus Restraint?

Title:

The Czech Constitutional Court and the Japanese Supreme Court – Should they be the real examples OF Activism versus Restraint?

Creator:

Oba, Sawako

Identifier:

https://cdk.lib.cas.cz/client/handle/uuid:dd9b7165-30ff-485f-8276-4e6c144cb22c
uuid:dd9b7165-30ff-485f-8276-4e6c144cb22c

Subject:

Constitutional Court, Supreme Court, constitutionalism, politicisation, and transition

Type:

article, model:article, and TEXT

Description:

This paper argues whether the Czech Constitutional Court should be the example of Activism, and whether the Japanese Supreme Court should be characterised as the example of Restraint in the context of constitutional justice. For instance, the former has declared numerous laws unconstitutional in the past two decades, while the latter has declared only a limited number unconstitutional in the past 68 years. We will examine the appropriateness of these characterisations by comparing and contrasting their brief histories, competences, and the nomination processes and precedents, in order to discuss their roles in the transitional period towards the new constitutionalism, paying specific attention to the extent politicisation has impacted each Courts.

Language:

English

Rights:

http://creativecommons.org/publicdomain/mark/1.0/
policy:public

Source:

The lawyer quarterly: international journal for legal research | 2015 Volume:5 | Number:2

Harvested from:

CDK

Metadata only:

false