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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