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The Shinto Cases: Religion, Culture, or Both-The Japanese Supreme Court and Establishment of Religion Jurisprudence
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Journal Article
The Shinto Cases: Religion, Culture, or Both-The Japanese Supreme Court and Establishment of Religion Jurisprudence
2013
Overview
Japanese \"Establishment Clause\" law, cases under Article 20 and Article 89 of the Japanese Constitution, is heavily based on situations involving Shinto shrines or Shinto rituals. For a number of historical, theological, and cultural reasons, this should not be surprising. The history and evolution of this area of jurisprudence from the Meiji era to the most recent cases creates a fascinating legal and cultural journey. This article suggests that it is certainly correct to view these cases as a core of Japanese Establishment of Religion jurisprudence, but they are not a \"line\" of case law. Rather, they represent two loosely connected lines of cases and one era that involved state establishment. This article suggests that the cases from 1997 until the present are far more consistent with the language and history of Articles 20 and 89 of the Japanese Constitution.
Publisher
Brigham Young University, Reuben Clark Law School
Subject
