GBPGBP (Global Business Program)

Constitutional law is now a trans-disciplinary field that connect to every branches of law, whether it is family law, commercial law, penal law... At the core of it is the protection of fundamental rights. But, even if one of the wonders of the Japanese legal system is to provide the texts of the great legal decisions in English, the vocabulary that the judge uses to make or justify his decision can look frightening for the non-specialist. The class will accompany the student in acquiring the tools to read and understand in English, some of the most important constitutional cases in Japan. We will see the influence of French, German and US doctrines, and the very specific Japanese ones on Japanese constitutional law, compare with solutions in other countries, and see that, contrary to the idea that Japan is always a country of consensus, that there have been strong debates between Justice especially because some defend a very national concept of Law when the other want to promote human rights protection with the same standards as others countries do.

By the end of the course, it is expected that students have acquired :
1. Specific vocabulary to be able to read legal decisions.
2. Overview of some of the most important cases in Japan.
3. A robust knowledge of the structural doctrines that ensure or limit fundamental rights protection.
4. How to write a synthesis and argumentative essay.

英語 / English

Classes consist in discussion, documents study, and lecture. Students will be required to apply analytical frameworks they learned during class by conducting a research on an decision or judge of their choice that will result in a presentation and a written report to be submitted at the end of the semester. This will be performed collectively or individually depending on the number of students attending the course. Feedback by peers and the instructor will be given in class. Course contents will vary depending on the number of students' presentations to be performed in class.

あり / Yes

なし / No

授業形態/methods of teaching：対面/face to face

※各回の授業形態は予定です。教員の指示に従ってください。

1.[対面/face to face]：Introduction :
Judicial power in Japan

Explanation of the class, elements of the Japanese legal system, National Police reserve case ; independence of Japanese judges.

2.[対面/face to face]：Limits of judicial power
I. The political problem

Sunagawa case; Tomabechi case : avoiding political issues.

3.[対面/face to face]：II. The divided society

Yonaiyama case : Justices Tanaka and Mano on the separation of powers. Infra-state pluralism theory.

4.[対面/face to face]：Access to court :
I. The standing to sue

Naganuma case / Comparison with US case law.

5.[対面/face to face]：II. The mootness

Asahi case, Ienaga case, May day parade Case.

6.[対面/face to face]：Debate, (field trip, visit a tribunal) depending on class advancement.

What is the role of the judge ? A Supreme court judge ?

7.[対面/face to face]：Judicial review :
I. Purpose and effect

Nationality act case; Hyakuri case, Reapportionment cases. Vote at Home case.

8.[対面/face to face]：II. Application of fundamentals rights

Mitsubishi resin case

9.[対面/face to face]：III. Presumption of constitutionality

Thayer-Holmes-Franfurter and Ashibe argument.

10.[対面/face to face]：IV. Legislative and administrative discretion

Parricide cases, Pharmaceutical act case, MacLean case, Tamagushiryo case.

11.[対面/face to face]：Debate

What do you think of fundamental rights protection in Japan ? In U.S ?

12.[対面/face to face]：Human rights protection
Changes in the Japanese family structure

Art. 14 of the Japanese Constitution and the rationality test.

13.[対面/face to face]：Presentation I

Example of subjects : Woman and LGBT rights protection...

14.[対面/face to face]：Presentation II

Nature rights, workers rights…

In addition to the research project to be presented in class, students will be required to prepare the class by familiarizing themselves with the documents handed out for this purpose.

Preparatory study and review time for this class are 2 hours each.

None. Historical and contemporary cases translations in English will be given to students.

Shigenori MATSUI, The Constitution of Japan : A Contextual Analysis (Constitutional Systems of the World). 2011, Hart. ISBN 13 978-1841137926.

Hiroshi ITOH, The Supreme Court and Benign Elite Democracy in Japan, 2020, Routledge, ISBN 13 : 978-0367602680.

Kyoko INOUE, Macarthur's Japanese Constitution · A Linguistic and Cultural Study of Its Making, 1991, University of Chicago, ISBN-13 : 978-0226383910

Participation in class (including homework and discussions): 50%; research project: 50% (presentation in class: 10%; written report: 40%).

Contents and slides updated.

A pen and some paper.

Students can contact the instructor at: gael.besson.77@hosei.ac.jp
In accordance with Hosei University policies, this course will be held face-to-face.