| 英文摘要 |
This Article attempts to research Japanese judicial review from historical perspective. Japanese judicial review imitated the concrete constitutional review from the U.S. However, compared to Supreme Court of the U.S, Supreme Court of Japan is considered too conservative, and suffered from “Judicial Restraint”. This Article attempts to research that what kind of conditions can make Supreme Court of Japan conservative, and what kind of conditions can make Supreme Court of Japan active. By arrange the critique from Japanese scholars, and argue that Judicial Restraint of Japan is due to all kind of political, society and defect of judicial institution. In this situation, although in 2001 Japanese scholars and people from society tried to propose “The Recommendations of the Justice System Reform Council”, but this Article considers that the suggestion is too narrow to observe the whole judicial systems and social context. It is also considers that “Judicial Politics” is the best way to research how to make Supreme Court of Japanese be more active. Because of the change of the society and the reform of the political after 2000s, Supreme Court of Japan gradually becomes more active, and this Article expects that Japanese Supreme Court would perfectly play the role of “Keeper of Constitution”. |
