Introduction: 1968

in Measuring Judicial Independence

Published by University of Chicago Press

Published in print February 2003 | ISBN: 9780226703886
Published online March 2013 | e-ISBN: 9780226703879 | DOI:
Introduction: 1968

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This book asks whether Japanese judges face career incentives with a political bias. The radical left has been wrong about many things, but they were right about the courts. Japanese judges do need to worry about the views of the politicians in the Cabinet. They do not face skewed incentives in most litigation, for most litigation carried no political import, and it is not the capitalists but the politicians who could hurt judicial careers. Capitalists, in fact, are no doubt happier with a level playing field for their contract disputes and corporate litigation anyway, and have in the past let their politician friends know this. In politically charged disputes, however, judges who flouted the majority party paid with their careers.

Keywords: judicial independence; Japanese judges; political bias; litigation; judicial careers; majority party

Chapter.  2171 words. 

Subjects: Comparative Law

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