Constitutionality control in Japan and Nederlands

Authors

  • Raúl F. Campusano Droguett Master en Derecho, U. Leiden, Nederland Master of Arts, U. Notre Dame, USA. Profesor de Derecho Internacional, Director de Postgrado Facultad de Derecho, Universidad del Desarrollo

Abstract

We present the constitutionality control system in the Netherlands and Japan. In the Dutch case, we discuss the constitutional ban on judges to review the constitutionality and the obligation to comply with the provisions of international treaties signed by the Kingdom. In the Japanese case, we discuss the extreme restraint and prudence with which the Japanese Supreme Court has applied the power granted by the Constitution for judicial review of the constitutionality of laws. Understanding the choices made by both countries in relation to the review of the constitutionality of laws can serve for understanding, reflection and discussion for the Chilean case.

Keywords:

Judicial Review, Constitutional Control, Separation of Powers, the Netherlands, Japan