Judicial review

Definition

Judicial review is the power of courts to assess whether a law, policy, or government action is in accordance with the constitution. This process ensures that no branch of government exceeds its authority and upholds the rule of law, thereby protecting individual rights and liberties.

5 Must Know Facts For Your Next Test

1. Judicial review was established in Japan through the 1947 Constitution, which allows courts to declare laws unconstitutional.
2. The Supreme Court of Japan plays a crucial role in exercising judicial review, serving as the final arbiter on constitutional matters.
3. High Courts also have the authority to conduct judicial reviews, focusing on important cases that may set precedents for lower courts.
4. Summary Courts handle minor civil and criminal cases but can also engage in judicial review within their limited jurisdiction.
5. Judicial review serves as a mechanism for protecting human rights by ensuring that laws and government actions conform to constitutional guarantees.

Review Questions

• How does judicial review contribute to the separation of powers within the Japanese government?
  • Judicial review reinforces the separation of powers by allowing the judiciary to evaluate and potentially invalidate actions taken by the legislative and executive branches. This ensures that neither of these branches can overstep its constitutional limits, maintaining a system of checks and balances. By reviewing laws and policies for constitutionality, the judiciary acts as a guardian of the Constitution, which is essential for preserving democratic governance.
• Discuss the role of the Supreme Court in exercising judicial review and how its decisions impact lower courts.
  • The Supreme Court holds significant authority in exercising judicial review, as its interpretations of the Constitution set binding precedents for all lower courts in Japan. When the Supreme Court rules a law unconstitutional, it not only invalidates that specific law but also influences how similar cases are handled in the future. This establishes a consistent legal framework and reinforces the importance of upholding constitutional rights across the judiciary.
• Evaluate the implications of judicial review on human rights enforcement within Japan's legal system.
  • Judicial review plays a vital role in enforcing human rights within Japan's legal system by allowing courts to challenge and nullify laws that infringe upon individual freedoms. When courts engage in judicial review, they interpret constitutional provisions related to human rights treaties and fundamental principles. This empowers citizens to seek legal recourse against government actions that violate their rights, fostering a culture of accountability and reinforcing the commitment to uphold human dignity under the Constitution.

Related terms

Constitutional supremacy: The principle that the Constitution is the highest law of the land, and any law or government action inconsistent with it is invalid.

Precedent: A legal principle established in previous court cases that courts must follow in future cases, guiding judicial decisions.

Separation of powers: The division of government responsibilities into distinct branches to prevent any one branch from gaining too much power.