We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
RULE OF LAW AND DUE PROCESS: A COMPARATIVE VIEW OF THE UNITED STATES AND JAPAN.
- Authors
URABE, NORIHO
- Abstract
The article presents the concept of Rule of Law and the role of its inclusion in Japanese law. The Meiji Constitution's adoption of Rechtsstaat wherein people's rights and liberties are not protected and the subsequent incorporation of the Rule of Law in the 1947 Constitution wherein people's will and judicial review are established to protect fundamental human rights are discussed. The difference between the central meaning of Anglo-American and Japanese Rule of Law is described such that the latter's was more an ideology to legitimize domination rather than protect people's rights. The author presents that Japanese Constitution and its Rule of Law is deemed important only in principle but not in practice but that events in the late 1980s may bring changes to its politics and democracy.
- Subjects
JAPAN; RULE of law; HUMAN rights; CONSTITUTIONS; IDEOLOGY; DEMOCRACY
- Publication
Law & Contemporary Problems, 1990, Vol 53, Issue 1/2, p61
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191826