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53 S. Cal. L. Rev. 611 (1979-80)
Legal Equality among Family Members in Japan--The Impact of the Japanese Constitution of 1946 on the Traditional Family System

handle is hein.journals/scal53 and id is 627 raw text is: LEGAL EQUALITY AMONG FAMILY MEMBERS IN JAPAN- THE IMPACT OF THE JAPANESE CONSTITUTION OF 1946 ON THE TRADITIONAL FAMILY SYSTEM HIDEO TANAKA* TABLE OF CONTENTS INTRODUCTION: JUDICIAL REVIEW IN JAPAN .................................... 611 PREFACE .................................. 619 I. PRE-WAR LAW AND TRADITIONAL ETHICS ..... 621 II. EMERGENCE OF NEW TRENDS UNDER THE OLD REGIM E ................................... 626 III. THE 1946 CONSTITUTION OF JAPAN ........... 628 IV. THE NEW FAMILY LAW ...................... 631 V. CONSTITUTIONAL ADJUDICATION ............ 634 VI. LAW AND SOCIETY ......................... 638 CONCLUSION .............................. 642 INTRODUCTION: JUDICIAL REVIEW IN JAPAN The system of judicial review was introduced to Japan by the Constitu- tion of 1946 (Constitution).' The Constitution of the Empire of Japan of 1889, commonly known as the Meiji Constitution, was silent on the issue of judicial review. The Great Court of Judicature, the highest ordinary court under the Meiji Constitution, held that although the ju- diciary had the power to review the issue of whether a legislative act Professor of Law, University of Tokyo. LL.B. 1951, University of Tokyo; LL.M. 1954, Harvard University; SJ.D. 1962, University of Tokyo. 1. KEMP6 art. 81 (Japan 1946), reprinted in H. TANAKA, THE JAPANESE LEGAL SYSTEM 3- 15 (1976) [The author's transliteration, Kempo, has been retained, Ed.].

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