Japan's Judicial System Reform and the 'Rule of Law': Ten Years Later

Abstract

This essay contrasts the respect for “thick” rule of law displayed in the 2001 Judicial System Reform Council (JSRC) Report with the attack on thick rule of law embodied in revisions to Japan’s Constitution proposed by Japan’s dominant political party (the Liberal Democratic Party or “LDP”). When the JSRC considered its reform agenda, it did so with the knowledge that Japan’s democratic Constitution, which emphasizes respect for individual rights, had provided a stable foundation for law and politics for more than five decades. The JSRC proposals tend to strengthen the protection of individual rights and exercise of popular sovereignty that lie at the core of this Constitution.Some LDP proposals for constitutional revision would have the opposite effect, restricting individual rights and transferring greater authority to government officials. (The most recent comprehensive LDP program for such revisions are included in “Draft Reform if the Constitution” (kenpo kaisei soan) published in March 2012.) The LDP proposals suggest that the understanding and belief in rule of law held by the drafters of its “Draft Reform” is dramatically different from that possessed by JSRC members and by advocates for a thick rule of law around the world.