Constitutional Imperialism in Japan 6, no. 3

Cover Constitutional Imperialism in Japan 6, no. 3
Constitutional Imperialism in Japan 6, no. 3
Clement, Ernest W. (Ernest Wilson), 1860-1941
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cit., p. 105. * op, cit, pp. 45, 46.
(355) I Digitized by VjOOQIC 36 CONSTITUTIONAL IMPERIALISM IN JAPAN [Vol. VI independence of the judiciary. • It was in connection with the trial of the man who assaulted and wounded the Czare- witch (now Czar) of Russia at Otsu in 1 891. An attempt was made to consider it a special case for political purposes. But the court stood firm to judge the case purely from the legal point of view and condemned the assailant, not to capital pun- ishment (as desired b
...y the Government), but to life imprison- ment, which was the maximum punishment by law in such a case. Satoh adds: This was not only a technical point of thrilling importance, but was indeed a landmark of great prominence in the path of Japan's progress as a constitutional nation. Here the principle of entire independence of the judiciary from the executive was permanently and most conspicuously established.
There is one more important provision, in Article LIX, that trials and judgments of a Court shall be conducted publicly.


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