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Articles
Former Chairman Ghosn's escape case: "Top secret" investigation documents posted online?
2021/03/05
NHK Web Special
This article compares the United States, where top-secret investigative materials related to the Ghosn fugitive case can be easily accessed online as part of the court records, with Japan, where access to court records remains difficult and progress in disclosure has been slow.
The article features interviews with Japanese and American experts, as well as with plaintiffs in the court memo trial, about open court cases and the right to know.
Book review: "Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley," Saul J. Takahashi (ed.) (Routledge, 2019)
2021/01/04
NUMBER1 Shinbun FCCJ (Foreign Correspondents' Club of Japan)
This is a book review of a collection of writings on fundamental human rights issues written by experts who have been deeply involved in human rights issues at international organizations.
The Reality of the “Right to Counsel” in Japan and the Lawyers’ Campaign to Change It
2020/07/02
Asia Pacific Journal / Japan Focus Vol. 18, Issue. 13, No. 4
Makoto Ibusuki / Lawrence Repeta
This article describes new developments regarding access to legal counsel during the pretrial stage, the recent trend toward a decline in pretrial detention, and the movement by bar associations to regulate interrogations of suspects.
The main reason for the decline in detentions is believed to be the proactive efforts of defense lawyers, who frequently challenge court detention orders, and judges who are more willing to accept such challenges and release suspects from physical custody.
Unnecessary "emergency clauses" and "public welfare" are enough
2020/06/02
Asahi Shimbun
In Japan, there are opinions that the Japanese Constitution should be amended to add provisions that give special powers to the Cabinet in emergency situations to prevent COVID-19 infection. However, such provisions are not necessary in the current Constitution. Here we introduce judicial decisions on lockdowns in the United States.
The coronavirus and Japan’s Constitution
2020/04/14
The Japan Times
Constitution 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.
U.S. lawyer files lawsuit against Supreme Court over memo from audience since Heisei era
2019/04/21
Jiji.com News
According to the provisions of the Constitution, anyone can observe trials held in courts across the country, but it was only during the Heisei era that spectators were allowed to freely take notes in the courtroom. Until then, permission was required, and it was rarely actually allowed. The catalyst for this change was a lawsuit filed by an American lawyer.
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