In Print: Volume 88: Number 6
By Tokujin Matsudaira
88 Wash. U. L. Rev. 1559 (2011)
In his Article, Professor Matsui provides us with a general explanation of judicial conservatism in Japan. He points out that the Supreme Court of Japan is self-restrained because it is staffed with Justices who share a collective mentality of self-restraint. He also argues, among other things, that this kind of “judicial passivism” has its root in “traditional German constitutional philosophy”—that is, the positivist interpretation of the written constitution that was dominant in prewar Japan.