Il diritto comparato e le libertà fondamentali in Giappone tra civil law e common law statunitense. Alcune recenti pronunce della Corte Suprema

Through an in-depth study of the historical background, the paper aims to analyze how
foreign models have been influencing the Japanese legal system since the drafting of its constitutional charters to set fundamental freedoms and rights in the country. Since comparative
method relies on the observation of elements, which operate in the legal system, the judgments adopted by the Supreme Court are taken into consideration, too. The scrutiny of the
case-law shows how Japanese “living law” changes over time. This is true also with reference
to the use of foreign precedents by the Supreme Court, particularly when the principle of
equality is at stake. When it comes to the advancement of equality in society through the use
of law, not without criticisms Japan not only represents an interesting operational laboratory
(also for the role played by foreign law), but stands as an excellent example for countries in
Southeast Asia, too