Table of Contents in the Asian Legal Encyclopedia
Sources of Japanese Law in Asia
Sources of the Japanese Law
Summary of the sources of Law in Japan.
More about the history of the Japanese law here.
Enacted Law in Japan
Read more about the legislation in Japan.
The Japanese Constitution
Learn more about the Constitution of Japan.
Japan Codes and Statutes
Survey of Japanese Codes and Statutes.
Japan Statutory Decrees
Outline of the Japan Statutory Decrees.
Scope of the Regulations enacted in Japan.
Observation about the By-Laws in existence in Japan.
Learn more about the customary law of Japan.
Case Law as a Source of Law
Analysis of the Case Law in Japan.
Precedents in Japan
Evaluation of the role of Precedents in the Japanese legal system.
Doctrine in Japan
Review of the legal Doctrine in Japan.
International sources of law
See more about the international sources of law in Japan and Asia, including International Treaties.
Official Legal Sources
Hierarchy and Source of Law:
•Constitution: May 3, 1947 is the day the post-World War II Constitution became effective
•Treaties and International Agreements
•Codes and Laws/well-established customs
The Judicial decisions which are regarded as important, are compiled and codified. Like in many court systems, the judgments of the Supreme Court are considered to be binding on lower courts, being their decisions very influential in the lower courts.
“Japanese law is primarily based on codified laws. Unlike the Anglo-American system, statute law plays the primary role in the Japanese system. Major statutes which set out the basic legal framework in a certain area are denoted as codes. There are six major Codes: the Constitution, the Civil Code, the Criminal Code, the Commercial Code, the Code of Criminal Procedure, and the Code of Civil Procedure. Statutory laws, delegated legislation, international treaties, judge-made law, circulars (tsutatsu), administrative guidance, local regulations, and customary law are discussed.”(1)
Official Gazette of Japan: Kanp?
Laws must be promulgated after they are passed by the Diet. The emperor promulgates it by publishing them via Kanp?. There is no official version of codified laws.
The last 5 days of Kanp? is available for general public at the National Printing Bureau’s Web site. All Kanp? information since May 3, 1947 can be searched for people who pay monthly fees at the National Printing Bureau’s website.
1. The Sources of Law, Japanese Law (3rd. ed), Hiroshi Oda (2009)
Japanese Legal System
Indian Legal System
Hong Kong Legal System
Bangladesh Legal System