@article{2025:matsuda:internatio,
title = {International Human Rights Law in Constitutional Cases: The Supreme Court of Japan},
year = {2025},
note = {Although the Supreme Court of Japan has long been reluctant to apply
international human rights law as binding law, some Justices recently
referred to human rights treaties and recommendations of treaty bodies
in a positive manner in constitutional cases. In particular, Justices
Miyazaki and Uga's dissenting opinion provided an important
theoretical bases for reference to the recommendations by the treaty
bodies. Within the constitutional system of Japan, international law,
regardless of its direct applicability, has domestic effect. While the
recommendations are not legally binding, the executive branch is
obliged to respond to human rights treaty bodies with detailed
reasonings. Failure to appropriately respond to human rights treaty
bodies with persuasive reasoning can indicate that domestic law has
legal problems, and judiciary should take this fact into account in
constitutional review.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {29--42},
author = {Matsuda, Hiromichi},
volume = {58},
number = {1}
}