The Reality of the “Right to Counsel” in Japan and the Lawyers’ Campaign to Change It
The Asia-Pacific Journal / Japan Focus, Vol. 18, Issue. 13, No. 4
Makoto Ibusuki and Lawrence Repeta
This article describes the evolution in access to legal counsel during the pretrial interrogation stage, the recent decline in pretrial detentions, and the campaign for the regulation of interrogations by Japan’s bar associations. Available evidence suggests this decline is primarily the result of the proactive stance of defense attorneys who challenge court detention orders more frequently and of judges who are more willing to recognize those challenges and release suspects from detention.
No need for "constitutional emergency power" -- Diet action serves the "public welfare"
The Asahi Shimbun
Some people suggest that Japan’s Constitution must be revised in order to grant the Cabinet special authority to address the coronavirus emergency. But there is no need for such a change to the Constitution. This article introduces a court judgment from the United States regarding lockdown orders.
Article 41provides the government with sufficient power to take aggressive action
SEATTLE – Many foreign observers are puzzled by Japan’s odd response to the COVID-19 pandemic, which some call a “soft lockdown.” After dithering for weeks, Prime Minister Shinzo Abe finally exercised power granted under the recently revised New Influenza Special Measures Act to declare a state of emergency on April 7 over Tokyo and six other prefectures, authorizing prefectural governors to request social-distancing measures and other actions.