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Constitution & Obscenity: Japan and the U.S.A.

Constitution & Obscenity: Japan and the U.S.A. CHIN KIM Constitution and Obscenity: Japan and the U.S.A. I. INTRODUCTION The new Constitution of Japan became effective on 3 May 1947. In comparison with the Meiji Constitution it is much more democratic, as evidenced even in the declaration of the Preamble that it is promulgated by "the Japanese People" instead of being a gift to the Emperor's subjects. In many areas, including the Bill of Rights and judicial review clauses, the Japanese Constitution of 1947 is similar to the U.S. Consti­ tution. But despite these similarities the respective highest courts have taken different approaches in solving problems that have emerged in constitutional litigation. Underlying these approaches are different social, political and cultural histories. One illustration is the area of obscenity, which provides an interesting basis for Jap­ anese and American comparative jurisprudence. The fulcrum of the Japanese law of obscenity is Art. 175 of the Penal Code which reads: A person who distributes or sells an obscene writing, picture, or other thing or publicly displays the same, shall be punished with penal servitude for not more than two years or a fine of not more than five thousand yen or a minor fine. The CHI N KI M http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Constitution & Obscenity: Japan and the U.S.A.

Kim, Chin
American Journal of Comparative Law , Volume 23 (2) – Apr 1, 1975
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Publisher
Oxford University Press
Copyright
© 1975 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/839107
Publisher site
See Article on Publisher Site

Abstract

CHIN KIM Constitution and Obscenity: Japan and the U.S.A. I. INTRODUCTION The new Constitution of Japan became effective on 3 May 1947. In comparison with the Meiji Constitution it is much more democratic, as evidenced even in the declaration of the Preamble that it is promulgated by "the Japanese People" instead of being a gift to the Emperor's subjects. In many areas, including the Bill of Rights and judicial review clauses, the Japanese Constitution of 1947 is similar to the U.S. Consti­ tution. But despite these similarities the respective highest courts have taken different approaches in solving problems that have emerged in constitutional litigation. Underlying these approaches are different social, political and cultural histories. One illustration is the area of obscenity, which provides an interesting basis for Jap­ anese and American comparative jurisprudence. The fulcrum of the Japanese law of obscenity is Art. 175 of the Penal Code which reads: A person who distributes or sells an obscene writing, picture, or other thing or publicly displays the same, shall be punished with penal servitude for not more than two years or a fine of not more than five thousand yen or a minor fine. The CHI N KI M

Journal

American Journal of Comparative Law – Oxford University Press

Published: Apr 1, 1975

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