Japan · Overview
The legal system of Japan
German-influenced codes from the Meiji era, overlaid after 1945 with American constitutional and procedural concepts. The result is a codified system with judicial review, a bill of rights and a lay-judge (saiban-in) element in serious criminal trials.
Legal tradition
Japan belongs to the civil law with common-law influence tradition. German-influenced codes from the Meiji era, overlaid after 1945 with American constitutional and procedural concepts. The result is a codified system with judicial review, a bill of rights and a lay-judge (saiban-in) element in serious criminal trials.
How power is divided
Parliamentary government with the Cabinet collectively responsible to the Diet, and a Supreme Court holding the final power of constitutional review.
Where law comes from
- Constitution
- Supreme law; Article 98 voids conflicting acts.
- Six Codes (Roppō)
- Constitution, Civil, Commercial, Criminal, Civil Procedure, Criminal Procedure.
- Statutes of the Diet
- Hōritsu enacted by the National Diet.
- Cabinet and ministerial orders
- Seirei and shōrei implementing statute.
- Local ordinances
- Jōrei of prefectures and municipalities.
The legal profession
Candidates pass the national bar examination, then complete a year at the Legal Training and Research Institute before qualifying as bengoshi, judge or prosecutor.
Found something out of date on Japan · Overview?
Corrections are reviewed against the primary source before anything changes.