The Supreme Court and Benign Elite Democracy in Japan Hiroshi Iloh, State University of New York at Plattsburgh, USA. The Constitution of Japan has served the country for more than half a ceniury, creating and maintaining a stable and functional democratic system. This book, innovatively interpreting Japanese politics as a "benign elite democracy." demonstrates the Supreme Court's vital contribution to that political structure. Author Hiroshi Itoh presents the first empirical study of judicial decision-making under Japan's Constitution, focusing on the document's functions as the supreme law of the land, as organic law, and as the basic law that guarantees the rights and freedoms of the people. Itoh examines the records of the Supreme Court in upholding civil rights and liberties, preserving the conformity of lower 3evels of laws and regulations to the Constitution, and maintaining the Court's relationships to the political branches. The analysis of these three aspects of constitutional litigation reveals 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. Featuring interviews based on unprecedented access to former and current Supreme Court justices of Japan, The Supreme Court and Benign Elite Democracy in Japan reveals how justices reach their decisions, how they balance civil liberties with law and order, and how their social backgrounds affect how they resolve constitutional disputes. Book jacket.
- | Author: Hiroshi Itoh
- | Publisher: Routledge
- | Publication Date: Jun 30, 2020
- | Number of Pages: 360 pages
- | Language: English
- | Binding: Paperback
- | ISBN-10: 0367602687
- | ISBN-13: 9780367602680
