Japan: An Overview of Constitution & Judicial System

Abstract

Japan was the first country in Asia to have a written constitution in late nineteenth century. The Japanese constitution is the oldest unamended constitution in the world. In 2020, Japan ranked 15th in the World Justice Project's Rule of Law Index, a middling among G7 countries. It has not had any amendments to its text in more than 70 years. It is a short constitution with only 5000 words, compared to the average constitution with 21,000 words. At the highest of the Japanese legal system is the current Constitution of Japan. Promulgated on November 3, 1946, it entered into force on May 3, 1947. The progressive constitution granted universal suffrage, stripped Emperor Hirohito of all but symbolic power, stipulated a bill of rights, abolished peerage, and outlawed Japan’s right to make war. The necessity and practical extent of Article 9 has been debated in Japan since its enactment, particularly following the establishment of the Japan Self-Defense Forces (JSDF), a de facto post-war Japanese military force that substitutes for the pre-war Armed Forces, since 1 July 1954. Some lower courts have found the JSDF unconstitutional, but the Supreme Court never ruled on this issue.Three Articles are particularly important with regard to the juridical system: the Article on legislative power provides for the Diet as the sole law-making organ of the State; the Article on executive power provides that this authority is vested in the Cabinet; and the Article on judicial power provides that the whole of judicial power is vested in the Supreme Court and in such lower courts as are established by law. Taken together, these constitutional provisions create a governmental structure in Japan that is based on the separation of powers, and provide for checks and balances among the three organs of the State. There are five types of courts in Japan: The Supreme Court, High Courts, District Courts, Family Courts and Summary Courts. Japan adopts a three tiered judicial system and a summary, family, or district court will be the court of first instance depending on the nature of the matter. The Supreme Court is the highest court in the land and has been furnished with the power of judicial review.