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Glossary of Japanese Constitutional Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Japanese constitutional law draws on a distinctive vocabulary rooted in Sino-Japanese compounds. The glossary below defines the core terms necessary for navigating the Constitution of Japan (Nihon-koku Kenpō, 1946) and the scholarly discourse surrounding it.

Kenpō (憲法)

The term Kenpō denotes “constitution” in the sense of a supreme body of fundamental law. It is compounded from ken (law/rule) and hō/pō (method/standard). In contemporary usage, Kenpō refers primarily to the Constitution of Japan, enacted on 3 November 1946 and effective on 3 May 1947. The term is also used in compound forms such as Kenpō Kaisei (constitutional amendment) and Kenpō Saiban (constitutional adjudication).

Glossary of Japanese Civil Code Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Japanese Civil Code (Minpō, 1896–1898) is the foundational private law instrument, organised on the German Pandectist model. Its vocabulary reflects a blend of imported European concepts and domestic legal innovation, particularly after the major reforms of 2004–2005 and 2017.

Minpō (民法)

Minpō — the Civil Code — comprises five books: General Provisions (Book I), Real Rights (Book II), Obligations (Book III), Family (Book IV), and Succession (Book V). The Code was originally enacted in three phases (Books I–III in 1896, Books IV–V in 1898) and has been extensively revised, most notably in 2017 when Book III underwent its most substantial reform since enactment.

Glossary of Japanese Criminal Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Japanese criminal law draws on a vocabulary that is largely codified in the Penal Code (Keihō, 1907) and the Code of Criminal Procedure (Keiji Soshō Hō, 1948). The terms below reflect the doctrinal categories of the General Part of the Penal Code, the Special Part, and the procedural lexicon of investigation and trial.

Keihō (刑法)

Keihō — the Penal Code — is the principal criminal statute, enacted in 1907 and effective from 1908. It is organised into a General Part (Articles 1–72) and a Special Part (Articles 73–264). The General Part sets out the scope of application, the forms of punishment, the general elements of criminal liability, and the defences. The Special Part defines specific offences.

Glossary of Japanese Court System Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Japan’s court system is unified under the Supreme Court and structured in a three-tier hierarchy. The Court Act (Saibansho Hō, 1947) and related legislation establish the jurisdiction, composition, and procedure of each tier. The glossary below defines the institutions, actors, and procedural terms that characterise Japanese civil, criminal, and administrative justice.

Saibansho (裁判所)

Saibansho — court — is the generic Japanese term for a judicial body. The ordinary courts of Japan comprise five levels: Summary Courts, Family Courts, District Courts, High Courts, and the Supreme Court. Specialised courts include the Intellectual Property High Court and the Labour Tribunals.

Glossary of Japanese Corporate and Commercial Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Japanese corporate and commercial law underwent a fundamental transformation with the enactment of the Companies Act (Kaisha Hō, Act No. 86 of 2005), which consolidated and modernised the corporate provisions of the Commercial Code (Shōhō). The glossary below covers the key terms of corporate structure, governance, finance, and transactions.

Kaisha Hō (会社法)

Kaisha Hō — the Companies Act — is the primary legislation governing corporations in Japan, effective from 1 May 2006. It superseded Book II of the Commercial Code and introduced a more flexible framework for corporate organisation, including simplified procedures for mergers, demergers, and share exchanges.

Glossary of Japanese Labour Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Japanese labour law is codified in three principal statutes: the Labour Standards Act (Rōdō Kijun Hō, 1947), the Labour Union Act (Rōdō Kumiai Hō, 1949), and the Labour Relations Adjustment Act (Rōdō Kankei Chōsei Hō, 1946). The glossary below defines the core terms of individual employment, collective labour relations, and social protection.

Rōdō Kijun Hō (労働基準法)

Rōdō Kijun Hō — the Labour Standards Act — is the foundational statute governing individual employment conditions. Enacted in 1947, it sets minimum standards for wages, working hours, overtime, holidays, safety, and termination. Employers must comply with these standards, and any agreement providing less favourable terms is void (Article 13).