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Japanese Society and Culture

Received Date

10-30-2018

Revised Date

1-25-2019

Accepted Date

2-28-2019

Publication Date

3-31-2019

Abstract

In the United States, there was a debate on vesting Article 3 Court extrajudicial authorities, and United States Supreme Court have often denied vesting such authority. In contrast, in Japan, extrajudicial authorities (including those without element of dispute) are vested in courts since the age of Meiji Constitution, and only recently, questions are posed. Today, many scholars are struggling with this issue, and some approaches are shown: one is to conceive the limit of authority which courts can handle according to the distance from properly judicial power, which has dispute as the core element, and the other is to change the definition of the judicial power, and conceive that dispute is not an requisite element of judicial power. However, there arise doubts on both of the approaches. This article introduces the debate concerning the limit of judicial power and noncontentious cases with references to the history, and then present a direction toward a new approach. Instead of discussing the topic in specific details, this articles introduces a brief overview of the topic.

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