Separation of Church and State in Japan: What Happened to the Conservative Supreme Court?

Authors

Keisuke Mark Abe

Document Type

Symposium

Abstract

(Excerpt)

This Article first introduces the Japanese constitutional scheme as it relates to separation of church and state and explains the case law governing this area. It then compares this constitutional scheme with the new approach taken in Kikuya. Following the discussion about the Japanese Supreme Court's recent willingness to break with precedent in high-profile cases involving constitutional issues, it concludes with a suggestion that the development is best understood as an example of the judiciary's self-conscious efforts to rectify unconstitutional governmental practice in light of the progress of globalization. Indicating that the Japanese Supreme Court is prepared to fulfill its mandate to the fullest extent, Kikuya has signaled a new era for law and religion in Japan, whose constitution is a sister to the United States Constitution but whose people's religious consciousness stands in sharp contrast with that in the United States.