Dynamic Analysis of the Administration of Judicial Review in Japan and the United States

2014 Fiscal Year Final Research Report

• Project/Area Number: 23730006
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Fundamental law
• Research Institution: Kyoto University
• Principal Investigator: MIHIRA TSUKASA 京都大学, 人間・環境学研究科(研究院), 准教授 (90378513)
• Project Period (FY): 2011-04-28 – 2015-03-31
• Keywords: 違憲審査制 / 司法積極主義 / 最高裁判所 / 司法政治 / 基礎法学 / 公法学 / アメリカ

Outline of Final Research Achievements

This research project has analyzed the administration of judicial review by the Supreme Court of Japan (SCJ) and the Supreme Court of the United States (SCOTUS), with attention to their interactions with political branches. The project has especially focused on the transformations in the administration of judicial review by the SCJ since the late 1990s and by the SCOTUS since the mid-1950s, and has revealed that the alterations in the volume of normative, political, and practical resources available to each Court and changes in the values of the Justices have been instrumental in those transformations. It has also demonstrated that ‘resource’ and ‘personnel’ have been controlling factors underlying the contrasting exercise of judicial review by the SCJ and the SCOTUS.

Free Research Field

違憲審査制論