| Popis: |
This thesis examines the effectiveness of judicial review in Japan from a historical perspective by focusing on the progression from the Meiji Constitution, which was designed to prevent further encroachment by Western powers to the 1947 Constitution, which specifically included judicial review to create a separation of powers. Despite this fact, judicial review in Japan has largely been ineffective because of the intrinsic political links between the judiciary and the executive branch, and the fact that the executive branch is responsible for appointing all members of the judiciary. This creates a system of implicit pressure in which judges are encouraged to conform in order to advance their careers. |
