In September of 2013 the Supreme Court of Japan issued two judgments dealing with the constitutionality of statutory schemes that discriminated based on legitimacy. The first case resulted in the Court finding the provision unconstitutional, a rare occurrence in Japan. The second case found no constitutional problem to exist. This article will compare and contrast the two decisions while explaining the family law context in which they arose. It also offers an explanation of how the Court could arrive at two seemingly contradictory conclusions at almost the same time in its history.
Legitimacy-Based Discrimination and the Development of the Judicial Power in Japan as Seen through Two Supreme Court Cases,
U. Pa. E. Asia L. Rev.
Available at: http://scholarship.law.upenn.edu/ealr/vol9/iss2/1