Japan Compliance

In the realm of Japanese civil procedure, the ability of an entity to participate in a lawsuit as a plaintiff or defendant hinges on a concept known as tōjisha nōryoku, or the capacity to be a party. While this capacity is straightforward for natural persons and duly established corporations, the

When a Japanese court finds that a statute conflicts with the Constitution, it does not always result in the entire law being nullified. The judiciary possesses a more nuanced tool known as "partial unconstitutionality" (部分違憲 - bubun iken, also referred to as 一部違憲 - ichibu iken, or partial

When a law is challenged on constitutional grounds in Japan, courts employ different methods of review. While some laws might be deemed unconstitutional on their face, applicable to everyone, there are instances where a law, though generally permissible, may operate unconstitutionally in specific factual circumstances. This gives rise to the

In the realm of constitutional law, few tasks are as complex or as crucial as resolving conflicts between fundamental human rights and compelling public interests, or between different, equally valid individual rights. Japanese courts, like their counterparts in many other jurisdictions, frequently engage in a methodology broadly termed "balancing

The freedom to choose one's occupation and engage in business activities is a cornerstone of a market economy and a fundamental aspect of individual liberty. In Japan, this freedom is constitutionally guaranteed by Article 22, Paragraph 1, which states: "Every person shall have freedom to choose and

The right to property is a cornerstone of modern market economies and individual autonomy. In Japan, this right is enshrined in Article 29 of the Constitution, which provides a framework for both its protection and its limitation in the public interest. For individuals and businesses, particularly those with investments or

The Constitution of Japan, like most modern constitutions, primarily serves to define and limit the power of the state vis-à-vis individuals, guaranteeing fundamental human rights against governmental infringement. This is often referred to as the "vertical effect" of constitutional rights. However, a significant and complex question in Japanese

The question of whether non-human entities, particularly corporations and other organizations (団体 - dantai), can be bearers of fundamental human rights is a complex and significant issue in Japanese constitutional law. This concept, known as "enjoyment subjectivity of human rights" (人権の享有主体性 - jinken no kyōyū shutaisei), has profound

The Constitution of Japan, like many modern democratic constitutions, enshrines a comprehensive list of fundamental human rights. However, these rights are not absolute. The Constitution itself acknowledges that individual liberties can be subject to limitations for the sake of the broader community. The primary concept underpinning such limitations is "

In the landscape of Japanese judicial review, courts employ various interpretive techniques to navigate the delicate balance between upholding legislative enactments and ensuring conformity with the Constitution. One of the most significant of these is the doctrine of "constitutionally limited interpretation" (合憲限定解釈 - gōken gentei kaishaku). This judicial

Administrative agencies in Japan wield considerable discretionary powers across a vast spectrum of activities, from issuing licenses and permits essential for business operations to enforcing complex regulatory schemes. While such discretion is often necessary for flexible and expert governance, it also raises crucial questions about accountability and the potential for

While Japan's legal system is rooted in the civil law tradition, where codified statutes form the primary source of law, the role and influence of judicial precedents (判例 - hanrei), particularly those from the Supreme Court, are undeniable and critically important in practice. For legal professionals and businesses

In Japan, as in many other constitutional democracies, the judiciary plays a crucial role in ensuring that governmental actions, including laws and regulations, conform to the nation's constitution. This power of judicial review is fundamental to upholding the rule of law and protecting fundamental human rights. For businesses

Cybercrime, by its very nature, is often borderless. Malicious actors can operate from anywhere in the world, and crucial digital evidence—emails, transaction logs, user data, illicit content—can be stored on servers located in foreign jurisdictions, far from where the crime's impact is felt or where investigators

In Japanese criminal procedure, a fundamental line separates "voluntary investigations" (任意捜査, nin'i sōsa), which rely on the cooperation of individuals and generally do not require prior judicial approval, from "compulsory dispositions" (強制処分, kyōsei shobun), which involve coercion or significant infringements on individual rights and

A fundamental principle of criminal justice is that individuals should only be punished for offenses with which they have been formally charged and convicted following due process. However, during sentencing, questions often arise about whether a defendant's other alleged misconduct—crimes or bad acts for which they have