Oct 03, 2017 term paper 2

Case Summary Of Sei Fujii Vs State Of California

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Question:

Describe about the Case summary of Sei Fujii vs State of California?

Answer:

Facts:

The plaintiff was alien Japanese and did not have the eligibility to apply for citizenship under naturalization laws. He appealed against a judgment that escheated a land purchased by him. There was no treaty present between the state of California and Japan that could allow the plaintiff to own land in the state (Brown, 2015).

Question before the Court:

The sole question before the court in this matter was that whether the California alien land law was valid or not?

Decision by the Court:

It was held by the court that the UN charter is not having the content of self-execution. The Court went on to look to the intention of the parties for determining if the Charter of the United Nations is self-executing. This is in connection to the manifestation under the language of the treaty, and if the language has no uncertainties, it shall be looked into based on the surroundings (Brown, 2015).

The Court further held that the charter was not enforceable in this condition because the contents of the charter were outlined to define the general purposes and objectives that would be relied upon. It did not intend to impose any obligations under the law (Scocal.stanford.edu, 2015). The contents were simple enough to contemplate the legislative actions likely to arise in the future.

Dissent:

The dissenting opinion was put forth by Mr. Justice Schauer. He stated that the California Alien Land Law was unconstitutional and held that he charged the majority of the court with his refusal to perform the judicial duty (Scocal.stanford.edu, 2015).

References

Brown, B. (2015). [online] Available at: https://www.kentlaw.edu/faculty/bbrown/classes/HumanRightsSP10/CourseDocs/11SeiFujiCalifornia.pdf [Accessed 5 Aug. 2015].

Scocal.stanford.edu, (2015). Sei Fujii v. State of California - 38 Cal.2d 718 - Thu, 04/17/1952 | California Supreme Court Resources. [online] Available at: https://scocal.stanford.edu/opinion/sei-fujii-v-state-california-26246 [Accessed 5 Aug. 2015].


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