Constitutional Adjudication in Japan

Abstract

Constitution of Japan as adopted November 3, 1946, and effective May 3, 1947, did not leave implication or debate, question whether judicial would include authority adjudicate constitutional validity of legislation enacted either by Diet or by any of subordinate legislative organs of state. Article 81 explicitly provides that The Supreme Court is court of last resort with determine constitutionality of any law, order, regulation or official act. Although this provision unquestionably resolves most fundamental problem of all with regard appropriate role of judiciary in preserving constitutional rights, it suggests at least two other jurisdictional issues basic a system of constitutional adjudication. first is whether very explicitness of provision with regard Supreme Court, and absence of any similar provision with respect inferior courts, implies that of Supreme Court to determine constitutionality of any law, order, regulation or official act is any different from of inferior courts make similar determinations. second is whether of Supreme Court determine constitutional questions is qualified or inhibited by conceptions comparable those which have been developed in American constitutional law under rubrics of the nature of judicial power or meaning of case or controversy under Article III. Although these questions are closely related each other, answer