By Noel Williams
This publication techniques the ideal to lifestyles in Japan from a criminal standpoint through a vast variety of concerns reminiscent of abortion, capital punishment and dying from overwork. Following a dialogue of legislations and rights in Japan from a historic standpoint, the writer examines the query of what lifestyles is in modern Japan and specializes in troublesome components that have arisen in lifestyles concerns, together with infringements of the proper to existence in the smooth corporation association, and through the nation, in addition to the query of the equality of the perfect to lifestyles. definitely the right to existence in Japan is a research that brings new views on an incredibly very important subject for all these dealing with the ethical dilemmas of such concerns as abortion and the demise penalty.
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Extra info for The Right to Life in Japan (Nissan Institute Routledge Japanese Studies Series)
Sample text
71 According to this principle, only penalties prescribed by law can be imposed, and only in the manner prescribed by law after the person has been duly tried and convicted in accordance with the law. The due process of law principle in the Japanese context is found in article 31 of the Constitution. Article 31 notes: No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed except according to procedure established by law. Japanese lawyers generally agree that this article enunciates this principle.
69 This discretionary power is, however, removed in one specific instance: by article 81, the crime of conspiring with a foreign state and causing the use of armed forces against Japan invokes the death penalty. By article 11 of the 1907 Code, ‘the death penalty shall be carried out by hanging in the interior of a prison’. 71 According to this principle, only penalties prescribed by law can be imposed, and only in the manner prescribed by law after the person has been duly tried and convicted in accordance with the law.
In the case of koso appeal, as with the chiho saibansho (District Court), three judges sit on cases involving capital offences. With the jokoku appeal, however, five judges sit in the case of a Petty Bench sitting, and fifteen judges sit on important cases of constitutional significance involving the Grand Bench. The learned judges are assisted by a number of judicial research officials—judges of inferior courts—to research points of law, enabling the Supreme Court to reach an appropriate decision.