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unhappycamper

(60,364 posts)
Wed Jun 25, 2014, 07:55 AM Jun 2014

(Japan) The Supreme Court and the US Military: Do Not Overlook Shady Judicial Rulings

http://watchingamerica.com/News/241017/the-supreme-court-and-the-us-military-do-not-overlook-shady-judicial-rulings/



Something from a half-century ago can in no way be brushed aside. Until now, the decision has been a reason for the court to entirely throw out lawsuits involving U.S. forces in Japan.

The Supreme Court and the US Military: Do Not Overlook Shady Judicial Rulings
Asahi Shimbun, Japan
By Editorial
Translated By Stephanie Sanders
19 June 2014
Edited by Gillian Palmer

57 years ago, during a demonstration against the expansion of the U.S. military's old Tachikawa base, some students entered the site. Seven people were charged with violation of the Special Criminal Law based on the Japan-U.S. Security Treaty. It is known as the Sunagawa incident.

The Tokyo District Court originally acquitted the students on the basis that the U.S. military presence was in violation of Article 9 of the Constitution. Subsequently, the case skipped the High Court to be reviewed by the Supreme Court, which reversed the judgment and sent it back. A sentence of a 2,000 yen fine was settled on.

On that occasion, the Supreme Court issued the following decision: Such highly political issues as the Japan-U.S. Security Treaty would not be settled by the administration of justice. It is referred to as "governing act theory" and still has a powerful influence as an important precedent.

~snip~

The governing act theory has been targeted with criticism lately for rendering toothless the check function for administration and legislation entrusted to the courts. The more highly political the issue, the greater the impact it will have on the public. An important role as guardian of the Constitution is necessary for judicial decisions.
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