Judicial Independence in Japan

Dell
JUDICIAL INDEPENDENCE IN
JAPAN
THEME (C)

INDEPENDENCE OF JUDICIARY IN JAPAN
“A Critical study of the Japanese Judiciary from the perspective
Of foreign investors “
Theme (c) “from the perspective of companies that were established in Japan by
foreign investors to conduct business activities in Japan, Is there judicial Independence in
Japan? If your answer is yes explain why you think so. If your answer is No or only
partially yes, explain why you think so. In either case, also discuss and analyze any
improvement that you consider can be made.”
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INDEPENDENCE OF JUDICIARY IN JAPAN
Table of Contents
Introduction.................................................................................................................................................3
Overview of Japanese Constitution.............................................................................................................3
Judicial independence In Japan...................................................................................................................4
Japanese judicial system..........................................................................................................................4
Judicial proceedings................................................................................................................................5
Criticism of judiciary in Japan.....................................................................................................................5
Important cases laws....................................................................................................................................6
Defects in the Judiciary of Japan.................................................................................................................6
Conclusion...................................................................................................................................................7
Bibliography................................................................................................................................................8
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INDEPENDENCE OF JUDICIARY IN JAPAN
INDEPENDENCE OF JUDICIARY IN JAPAN
“All the rights secured to the citizen under the constitution worth nothing, a mere rumor except
guaranteed to them by an independent and virtuous Judiciary.”
Andrew Jackson
Introduction
Judiciary is that authority in a nation that deals with law and legal systems and also watches that
the laws and ordinances passed by the legislature are executed properly by the people or not are
maintained and watched after by the judiciary. It includes courts, judges and attorney generals. It
is that branch of government in which the judicial power is vest.
Judicial Independence is regarded as an important rule of law. It is a center that safeguards
human right. It is that ability of the courts and judges to perform their duties freely without any
influence or control by other private or governmental bodies. Judicial Independence is that
independence that is possessed by the court and the judges. The principle of the Independent
judiciary requires the judiciary to ensure the judicial proceedings to be conducted and a fair way
and along with the rights of children must be respected.1
Judiciary is different from other branches of government and a very important idea of separation
of powers. Different nations deal with a different kind of judicial system through various
different means 2of judges’ selection or selecting. Judicial independence can be promoted by
granting life tenure to the judges which frees them to decide cases and make rulings according to
the rule of law and judicial discretion even if these decisions are politically unpopular or opposed
by powerful interests.” Thus in this study, I will write while supporting the given topic “in Japan,
is there judicial independence in Japan? If your answer is “Yes”, explain why you think so. If
your answer is “No” or only partially “Yes”, explain why you think so. In either case, also
discuss and analyze any improvement that you consider can be made.”
11 The World Trade Organization on Governance by Judiciary; Robert Howse; https://doi.org/10.1093/ejil/chw011;
22April 2016.
2()Measuring Control of Corruption by a new Index of Public integrity; Alina Mungiu-Pippidi;September 2016;
Volume 22
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