Judicial power, concrete right, requirement of concreteness, article 76, article 9, right to live in peace, ripeness
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.
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Naruse, Thomas Makoto
"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