It is also true that the caseload of the Supreme Court and the absence of discretion on the part of the Supreme Court to choose what appeals it will hear have contributed to judicial passivism.
234) Professor Yasuo Hasebe also points out that, in addition to the existence of the Cabinet Legislation Bureau, the peculiar staffing of the Ministry of Justice may have contributed to judicial passivism.
238) The fact that the Constitution has not been regarded as law to be applied by judges is the most unfortunate reason for judicial passivism.
The most disturbing factor behind judicial passivism has been the failure of many judges to treat the Constitution as law to be enforced by the courts.
Yet, is the introduction of a Constitutional Court capable of overcoming judicial passivism in Japan?
There is also some truth to the view that such passivism
has given the Diet an excuse for avoiding legislative action.
34) Rather than losing the religious nationalists to haredi humrot and passivism
, Liebman notes the growing usage of the term haredile'umi ("nationalist haredi"), and its transformation over the last decade from a term of derogation to one borne with pride.
The Xu Xiyou ji thus promotes a kind of radical passivism
, and in this it is unique in the tradition.
administration, even in justice; accumulation of depraved state of collective mind- no confidence of citizens in the democratic state institutions, passivism
but also social explosions.
Orobator develops "three case studies" from Nigeria, Kenya, and South Africa (76-106), moving from "social passivism
and numbing resignation" (87) in Nigeria to increasing action from Kenya to South Africa.
To be precise, Japanese constitutional scholars rarely refer to the Japanese Supreme Court as being "hoshuteki," which is the literal and strict translation of the term "conservative"; rather, as is most often the case, these scholars criticize the Court for its perceived "judicial passivity," specifically arguing that the Court is seemingly embracing "shihoushoukyokushugi," or "judicial passivism
Ackerman is aware of these differences, and he does not argue that economics or judicial passivism
per se underlay decisions like Brown, Escobedo, and Griswold.