What is the Judicial Decision ? : With Respect to Cases at the Supreme Court

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  • FUJITA Tokiyasu
    Prof. Emeritus, Tohoku University Former Justice of the Supreme Court of Japan

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  • 「裁判」とは何か？─最高裁の場合を中心として─

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  Consider the following problem that scholars have long debated : Are judicial decisions of the court just the result of executing the law, or are they creating the law itself? Through my experience as a Supreme Court Justice, I now understand that judges are guided primarily by their responsibility to decide each case individually - and thereby render each decision in a way that best addresses the specific merits of the case before them - and secondarily by their concern for upholding the general principles of the law including the constitutional law. It is important not only for scholars but also for medical practitioners to keep this primary judicial responsibility in mind, particularly when attempting to accurately understand, the significance of Supreme Court precedents.

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