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作者 Gibbons, Margaret F
書名 The role of litigation in environmental protest and policy change in Japan
國際標準書號 9780549173953
book jacket
說明 202 p
附註 Source: Dissertation Abstracts International, Volume: 68-08, Section: A, page: 3569
Adviser: John C. Campbell
Thesis (Ph.D.)--University of Michigan, 2007
Does Japan have a separation of powers government as intended by the writers of its 1947 constitution? This dissertation examines the role of litigation in Japanese social movements and how courts participate in conflicts between citizens and the state. By examining a series of air pollution lawsuits filed against the government and its favored industries, I assess the Japanese judiciary's opportunities, willingness and authority to rule against the government on environmental policy from the late 1970s to 2000. I also explain why Japanese environmentalists sue despite facing much higher obstacles to winning judicial relief than their American counterparts
The lion's share of public law studies concerns American constitutional law as interpreted by the US Supreme Court. This study goes far beyond the Beltway to expand our understanding of the opportunities and willingness of courts in democratic states in general, and Japan in particular, to challenge government policy created by ministries rather than legislatures. General political science questions I address are whether courts can constrain a democratic government controlled by a single party, and how activists have used litigation as a stand-in for a viable opposition party. Japan-specific questions concern the independence of the Japanese courts and why litigation is a prominent protest tactic for environmental activists in a nation without punitive damages or class action suits and a long history of judicial deference to the government
School code: 0127
DDC
Host Item Dissertation Abstracts International 68-08A
主題 History, Asia, Australia and Oceania
Law
Political Science, General
Environmental Sciences
0332
0398
0615
0768
Alt Author University of Michigan
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