日本“立法不作为”与宪法诉讼

Japan's "Legislative Omission" and the Constitutional Litigation

对"立法不作为"的宪法审查涉及到国会与法院的分权问题,日本学术界存在争论,法院则试图在保障当事人救济与避免和国会的冲突中保持平衡,对相关国家赔偿问题长时间内予以否定,违宪确认诉讼则是值得肯定的一种诉讼方式。

The constitutional review of ＂legislative omission＂ involves in the issue of the separation of powers of the Congress and the courts. There is controversy in the Japanese academic circles. The court has tried to protect the person＇s relief and avoid the conflict with the Congress to maintain a balance. The question of compensating relevant countries before 2005, basically was negative, Unconstitutional confirmation proceedings is worthy of recognition as a litigation.