Civil Justice and the Constitution: Limits on Instrumental Judicial Administration in Japan
49 Pages Posted: 6 Aug 2010 Last revised: 19 Mar 2014
Date Written: August 5, 2010
Numerous works have shown how central judicial administrators in Japan may ideologically influence the nation’s lower court judges. This piece draws upon these reports to analyze and frame these circumstances as “instrumental judicial administration,” qualitatively distinguishing the various means used by administrators and reflecting on their degrees of impact on civil procedural justice. Then, moving from description to prescription, the work provides a thorough consideration of the underlying legal context, broadly drawing from constitutional text and history, statutory text, and case law, before launching a search for solutions in its conclusion.
Although the immediate focus is on how instrumental judicial administration emerges in the Japanese civil justice system, the approach here is broadly applicable for studies of the roles of judges and functions of courts generally.
A related work in this project, “Circumstances that Would Prejudice Impartiality: The Meaning of Fairness in Japanese Jurisprudence,” 36 Hastings Int'l & Comp. L. Rev. 475 (2013), is available at http://ssrn.com/abstract=2188064.
Keywords: Japan, Japanese Law, Constitution of Japan, Japanese Code of Civil Procedure, Judicial Administration, Procedural Justice, Court Act of Japan, Judges, Courts, Civil Due Process, Instrumental Judicial Administration, Comparative Law, Comparative Constitutional Law
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