Author
Prof Yuichiro Tsuji
Organisation/Institution
Meiji University
Country
JAPAN
Panel
Constitutional and Admin Law
Title
The Constitutional Role of Judiciaries under Democratic and Authoritarian Pressures
Abstract
The Constitutional Role of Judiciaries under Democratic and Authoritarian Pressures This paper undertakes a comparative analysis of the case law and interpretive methodologies employed by the Supreme Courts of Japan. It contends that the interpretive stance articulated by Japan’s Supreme Court exemplifies the judiciary’s constitutional mission to sustain and operationalize the rule of law within a democratic order. In the Japanese context, judicial interpretation is not merely a technical or linguistic endeavor but a conscious practice through which the judiciary defines and reaffirms its institutional role in a constitutional democracy. In political environments where authoritarian tendencies reemerge, legal professionals increasingly assume the role of intermediaries between the Supreme Court and the broader public. This mediating function becomes particularly salient when political actors simplify complex judicial reasoning into polarizing narratives of victory and defeat. As a result, the substantive dimensions and normative underpinnings of constitutional jurisprudence are often transmitted to society only in diluted form, filtered through the binary rhetoric of partisan competition. Following the dissolution of the Abe administration’s authoritarian governance, the Liberal Democratic Party (LDP) lost its capacity to unilaterally constitute a majority government. Consequently, the party embarked on a process of limited political pluralization by incorporating opposition perspectives into policy deliberations. Within this evolving political landscape, the judiciary rendered a series of landmark decisions that rearticulated constitutional principles under shifting democratic conditions—most notably in the domains of social welfare entitlements and the rights of LGBTQ individuals.
Biography
Yuichiro Tsuji Professor Meiji University Currently Visiting Researcher of UC Berkeley Law School. https://ssrn.com/author=979824 Professor Yuichiro Tsuji is a distinguished constitutional law scholar at Meiji University’s School of Law. He holds advanced degrees including a J.S.D. (Doctor of the Science of Jurisprudence) from the University of California, Berkeley School of Law, as well as an LL.M. He has taught constitutional law, administrative law, environmental law, cyber law, and law and development courses, often with a comparative perspective that includes U.S. law. Professor Tsuji’s research focuses primarily on constitutional and administrative law, with a particular interest in the role of judiciary in constitutional democracies and the challenges posed by political transitions and pluralization. His scholarly contributions appear in major law journals and he is active in international academic discourse, having participated in various conferences and symposia on public law and constitutional issues. He also engages in translating significant legal scholarship to broaden access and understanding of contemporary constitutional debates. Professor Tsuji plays a vital role in educating the next generation of legal professionals while contributing to constitutional scholarship both in Japan and globally. His expertise exemplifies the intersection of theory, jurisprudence, and practical judicial impact relevant to democratic governance
