Masahiko Kinoshita: The Stealth Activist Japanese Supreme Court
Monday, October 2, 2023 4:45pm to 6:15pm
About this Event
Cornell Law School, Myron Taylor Hall, Ithaca, NY 14853, USA
The Supreme Court of Japan (SCJ) has been described as the most conservative and passive constitutional court in the world. The small number of times the Japanese Supreme Court has struck down statutes as unconstitutional is an argument for such a statement. However, the SCJ has provided important decisions to control legislative and executive power in fields related to the democratic political process, such as the right to vote and freedom of expression.
Masahiko Kinoshita, Graduate School of Law, University of Kobe, Japan gives this talk.
In Japan, the Liberal Democratic Party (LDP) has been in power for a long time. Nevertheless, the fact that Japan has been able to maintain democracy without falling into authoritarianism is largely dependent on the SCJ's accumulation of precedents. This talk will discuss the active aspects of the SCJ in the democratic political process, which have not received much attention so far.
Faculty host and moderator: Yun-chien Chang, the Cornell Law School Jack G. Clarke Professor in East Asian Law
Discussant: Mitchell Lasser, Jack G. Clarke Professor of Law
This event is co-sponsored by the East Asia program and the Cornell Law School Clarke East Asia Law Program.
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