Tōchi Kikō no Kenpō Kōsō (Constitutional Framework of the Government)
2018; Oxford University Press; Volume: 22; Issue: 1 Linguagem: Inglês
10.1093/ssjj/jyy026
ISSN1468-2680
Autores Tópico(s)Judicial and Constitutional Studies
ResumoThis book is composed of 20 papers written since the 2000s by Makoto Ōishi, an emeritus professor of Kyoto University Faculty of Law and one of the most distinguished constitutional law professors in Japan, relating mainly to the structure of government. It deals with numerous topics—such as national security, the emperor system of Japan, the election system and the legislature, the cabinet system and the administration, judicial review and local self-government. In consideration of this broad range, in this short book review I will first clarify some characteristics of the author’s previous scholarship, before briefly covering some of the related topics in this book. Professor Ōishi’s approach to the Constitution of Japan is unique in that he includes as the object of constitutional interpretation not only the Constitution itself, which is Japan’s most authoritative legal document, but also ‘constitutional order’. This includes ‘not only various stipulations incorporated into the text of the Constitution, but also judicial precedents and constitutional cases with a force almost equivalent to the Constitution, as well as regular ordinances subordinate to them and constitutional acts (Kenpō-fuzoku hō: 憲法附属法)’ (Ōishi 2008: 6).
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