A Recent Case Concerning Article 9 of the Japanese Constitution, in which Plaintffs’ Allegations were Denied on the Basis of Lack of Violation of Legally Protected Rights Were Not Violated

Authors

Thomas Makoto Naruse, Kokushikan UniversityFollow

Keywords

Judicial power, concrete right, requirement of concreteness, article 76, article 9, right to live in peace, ripeness

Received Date

9-30-2022

Revised Date

10-18-2022

Accepted Date

11-17-2022

Publication Date

3-31-2023

Abstract

This note introduces a case in Tokyo district court. In which case, plaintiffs alleged actions of cabinet and legislature were against Constitution. Plaintiffs claimed their rights (right to live in peace, personality rights, etc.). However, the court denied plaintiffs claim, because plaintiffs legally protected rights were not infringed. In the course of the judgment, the courts’ view on judicial power is shown. This note introduce the case from the perspective of elements of judicial power, especially requirement of concreteness of rights.

Creative Commons License

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Recommended Citation

Naruse, Thomas Makoto (2023) "A Recent Case Concerning Article 9 of the Japanese Constitution, in which Plaintffs’ Allegations were Denied on the Basis of Lack of Violation of Legally Protected Rights Were Not Violated," Japanese Society and Culture: Vol. 5, Article 14.
Available at: https://gensoken.toyo.ac.jp/japanese-society-and-culture/vol5/iss1/14