ツジ　ユウイチロウ   TSUJI YUICHIRO   辻　雄一郎    所属   明治大学  法学部    職種   専任教授
言語種別	英語
発行・発表の年月	2021/07
形態種別	学術雑誌
査読	査読あり
標題	Marbury v. Madison and the Japanese Judiciary
執筆形態	単著
掲載誌名	UC Davis Journal of International Law and Policy
掲載区分	国外
出版社・発行元	UC Davis law school
巻・号・頁	27(2),pp.223-240
概要	This manuscript examines how Marbury v. Madison influences the Japanese Constitution and the Administrative Case Litigation Act. The missing lesson of Marbury v. Madison in Japan is the fact that judicial review, which is not explicitly mentioned in the U.S. Constitution, is a creation of the judicial branch born out of Marbury v. Madison, and that the case was based on a dispute between the old and new Presidents. The 2004 amendments to the Administrative Case Law Act were expected by the Parliament to stop the executive branch. This makes it clear that the mandate of judicial review is not only to guarantee private rights, but also to realize the public interest. Inresponse to the Parliament's expectation in the Administrative Case Litigation Act of 2004, the courts have shown that public law-related actions serve as a corrective function for the courts when the political process is dysfunctional.The Tokyo High Court, though not the Supreme Court.........
researchmap用URL	https://jilp.law.ucdavis.edu/issues/volume-27-2/27.2_YUICHIRO.pdf