THE JOURNAL OF JAPAN SOCIETY FOR CLINICAL ANESTHESIA
Online ISSN : 1349-9149
Print ISSN : 0285-4945
ISSN-L : 0285-4945
[JARMA] Special Lecture
What is the Judicial Decision ? : With Respect to Cases at the Supreme Court
Tokiyasu FUJITA
Author information
JOURNAL FREE ACCESS

2013 Volume 33 Issue 7 Pages 990-998

Details
Abstract
  Consider the following problem that scholars have long debated : Are judicial decisions of the court just the result of executing the law, or are they creating the law itself? Through my experience as a Supreme Court Justice, I now understand that judges are guided primarily by their responsibility to decide each case individually - and thereby render each decision in a way that best addresses the specific merits of the case before them - and secondarily by their concern for upholding the general principles of the law including the constitutional law. It is important not only for scholars but also for medical practitioners to keep this primary judicial responsibility in mind, particularly when attempting to accurately understand, the significance of Supreme Court precedents.
Content from these authors
© 2013 by The Japan Society for Clinical Anesthesia
Previous article Next article
feedback
Top