The Limitation of Judicial Power

• Main Authors: Bao-Yuan Chang, 張葆源
• Other Authors: Ching-Hsiung Hsu
• Format: Others
• Language: zh-TW
• Published: 1995
• Online Access: http://ndltd.ncl.edu.tw/handle/94549404000243281354

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.