Comparative Political Process Theory in Japan
Zusammenfassung
In Japan and elsewhere the political process theory John Hart Ely expounded in his 1980 classic, Democracy and Distrust (D&D), remains an influential theory of judicial review. Its main prescription is that of U.S. vs. Carolene Products’ famous footnote four: courts should strictly scrutinize a statute only when it (1) infringes a right that the written constitution either explicitly or intentionally guarantees; (2) closes off channels of political change to outsiders (e.g., by denying them a voice or the vote), or (3) is the product of such severe hostility or prejudice against some outsiders— viz., discrete and insular minorities—that insiders refuse to deal with them no matter what (e.g., racial segregation in schools). Save largely for these three exceptions the courts should give elected lawmakers a large leeway in deciding all public issues.
[Excerpt from the Preface]
Kapitel
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ForewordComparative Political Process Theory in Japan
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John Hart Ely as a Constitutional TheoristOn Introducing Ely to Japan
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The New Comparative Political Process TheoryIts Legitimacy and Applicability in Japan
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Political Process Theory Is Not a Utility KnifeComparative Political Process Theory and Judicial Review in Japan
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Function and Dysfunction of Catalytic Judicial Review in Japan
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A Constitutional Analysis of Same-Sex Marriage CasesLitigation for Social Change in Japan
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CPPT & Human Rights from Japanese Experience
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Comparative Representation-Reinforcement in Japan
