The Limitation of Judicial Power
碩士 === 淡江大學 === 日本研究所 === 83 === When the constitution of Japan was enacted， the form of government was transformed，too.In other words， the meaning of Japanese constitution is indicate the changing from legal state to democratic legal st...
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| Format: | Others |
| Language: | zh-TW |
| Published: |
1995
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| Online Access: | http://ndltd.ncl.edu.tw/handle/94549404000243281354 |
| Summary: | 碩士 === 淡江大學 === 日本研究所 === 83 === When the constitution of Japan was enacted， the form of
government was transformed，too.In other words， the meaning of
Japanese constitution is indicate the changing from legal state
to democratic legal state. For this reason，the judicial system
also to take on the important mission，the scope of judicial
power was expanded extraordinary. The purpose of judge is to
finish off disputes among people，so the court have to judge
what is right and what is wrong， thus the power of court was
limited to the clash on the law.For this reason，we can
comprehend the inner limitation of judicial power from this
view point.Furthermore，under the C&B(check and balance)of the
modern country，the state organization following to the
requires of people ，the state power was happened subtle
changes. Above all，the development of judicial review lead to
the cuort posessed more strong power than before. In short，we
can differnet the limitation of judicial power to "the inner
limitation"and"the limitation result in the court executing
judicial power. " The former is "case or controversy, the
others are "politicial question" "administrative discretion "
"legislative discretion" and"the dispute in the social group. "
The purpose of this thesis just attempt to search for the
answer and comprehend the limitation of judicial power.
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