Judicial Review in Japan: When Courts Face a Dominant Party
Channel: U.S. - Asia Law Institute NYU
Date: 2024-03-08

When compared with other constitutional courts, Japan’s Supreme Court has often been dismissed as a timid institution. It has even been called “the most conservative constitutional court in the world.” Masahiko Kinoshita, a professor of law at Kobe University and leading constitutional law scholar, argues that this sells the court short. In a new paper, he says that in cases involving freedom of expression, voting rights, and representation, the court has protected the “democratic minimum core” values while strategically avoiding confrontation with the political branches.