Politics of the Supreme Court in postwar Japan : 1950–1960

DOI Web Site

Bibliographic Information

Other Title
  • 政治化と行政化のはざまの司法権――最高裁判所1950～1960――
  • セイジカ ト ギョウセイカ ノ ハザマ ノ シホウケン サイコウ サイバンショ 1950 1960

Search this article

Description

This article analyses the foundation process of the Supreme Court in postwar Japan. Compared with the Diet and the Cabinet, the Supreme Court was much weaker and sometimes interfered by the other branches because the Court could not handle its administrative authority which was given by the new constitution. It could not integrate the judiciary nor strongly negotiate with the other branches. After 1950, the Chief Justice TANAKA Kotaro, supported by the Secretariat, built up the new administrative system in the judiciary. This article focuses on the three issues in 1957: the political dispute in the Diet on the reform of the Supreme Court, postings of judges, and the tenth anniversary held by the judges, the prosecutors and the Bar. These processes made the Supreme Court succeed in mobilising lawyers both inside and outside the government. The Supreme Court became rooted in the constitutional settings with the effect of this mobilisation.

Journal

Keywords

Details 詳細情報について

Report a problem

Back to top