Supreme Court of Japan
Encyclopedia
The Supreme Court of Japan (最高裁判所 Saikō-Saibansho; called 最高裁 Saikō-Sai for short), located in Chiyoda
, Tokyo
is the highest court
in Japan
. It has ultimate judicial authority to interpret the Japanese constitution
and decide questions of national law (including local bylaws). It has the power of judicial review
; that is, it can declare Acts of Diet
and Local Assembly, and administrative actions, to be unconstitutional.
(大審院 Dai-shin'in) organized by the Ministry of Justice in 1875. This court was composed of 120 judges in both civil and criminal divisions. Five judges would be empaneled for any given case. The criminal division of the court was the court of first instance for crimes against the Emperor
(e.g. lèse majesté
) and for high crimes against public order.
The statute creating the Court was abolished in 1947, and the modern Supreme Court was formed that year under the constitution of 1946
. The new court was first convened in May 1947 in the former Privy Council
quarters of the Tokyo Imperial Palace. It moved to the Tokyo District Court building in September, then assumed the former quarters of the Supreme Court of Judicature in October 1949.
In 1974, the Supreme Court moved to its current five-story building at 4-2 Hayabusa-cho, Chiyoda, Tokyo. The building was designed by architect Shinichi Okada and won the Architecture Institute of Japan Prize for Design.
The constitution's Article 81 designates it "the court of last resort with power to determine the constitutionality of any law, order, regulation, or official act." The Supreme Court is also responsible for nominating judges to lower courts, determining judicial procedures, overseeing the judicial system
, including the activities of public prosecutors, and disciplining judges and other judicial personnel. It renders decisions from either a grand bench of fifteen justices or a petit bench of five. The grand bench is required for cases involving constitutionality. The court includes 34 research clerks, whose function is similar to that of the clerks of the United States Supreme Court.
The Chief Justice is chosen by the Cabinet
(Prime Minister
) and appointed by the Emperor.
The Associate Justices are appointed by the Cabinet and attestation by the Emperor.
After appointment Supreme Court justices are subject to a "people's review": an automatic retention referendum
in which the voters may remove the judge from office. A people's review occurs at the first election to the House of Representatives after a justice assumes office, when the question of whether his tenure should continue is put to voters on the ballot. The Supreme Court justice is then subject to a further people's review at the first lower house election after every ten years. The system used resembles the Missouri Plan
followed in some U.S. states. It is established by Article 79 of the constitution which includes the following provisions:
, no Supreme Court justice has ever been dismissed by a people's review. It is also unusual for a justice to be subject to a second review, as most are over the age of sixty when appointed and there is mandatory retirement at seventy.
The Supreme Court is generally reluctant to exercise the powers of judicial review given to it by the constitution, in large part because of unwillingness to become involved in politically sensitive issues. When decisions have been rendered on such matters as the constitutionality of the Self-Defense Forces
, the sponsorship of Shinto
ceremonies by public authorities, or the authority of the Ministry of Education
to determine the content of school textbooks or teaching curricula, the Court has generally deferred to the government.
One important exception to this trend was a series of rulings on the unconstitutionality of the electoral district apportionment
system. Although the Court ruled in 1964 that legislative districting was largely a matter of legislative policy, it ruled in the 1976 case of Kurokawa v. Chiba Prefecture Election Control Commission, that a 5:1 discrepancy in the voter-to-representative ratio between two districts was an unconstitutional violation of the right to an equal vote. Nonetheless the Diet has repeatedly failed to keep malapportionment within the limits set forth in Kurokawa. Aside from electoral matters, provisions declared unconstitutional by the Supreme Court have included rules
One critic of the court writes that:
Chiyoda, Tokyo
is one of the 23 special wards in central Tokyo, Japan. In English, it is called Chiyoda ward. As of October 2007, the ward has an estimated population of 45,543 and a population density of 3,912 people per km², making it by far the least populated of the special wards...
, Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
is the highest court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
. It has ultimate judicial authority to interpret the Japanese constitution
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
and decide questions of national law (including local bylaws). It has the power of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
; that is, it can declare Acts of Diet
Diet of Japan
The is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
and Local Assembly, and administrative actions, to be unconstitutional.
History
The first Western-style supreme court in Japan was the Supreme Court of JudicatureSupreme Court of Judicature of Japan
The Supreme Court of Judicature was the first Western-style supreme court in the Empire of Japan. It existed from 1875 to 1946....
(大審院 Dai-shin'in) organized by the Ministry of Justice in 1875. This court was composed of 120 judges in both civil and criminal divisions. Five judges would be empaneled for any given case. The criminal division of the court was the court of first instance for crimes against the Emperor
Emperor of Japan
The Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
(e.g. lèse majesté
Lèse majesté
Lese-majesty is the crime of violating majesty, an offence against the dignity of a reigning sovereign or against a state.This behavior was first classified as a criminal offence against the dignity of the Roman republic in Ancient Rome...
) and for high crimes against public order.
The statute creating the Court was abolished in 1947, and the modern Supreme Court was formed that year under the constitution of 1946
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
. The new court was first convened in May 1947 in the former Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
quarters of the Tokyo Imperial Palace. It moved to the Tokyo District Court building in September, then assumed the former quarters of the Supreme Court of Judicature in October 1949.
In 1974, the Supreme Court moved to its current five-story building at 4-2 Hayabusa-cho, Chiyoda, Tokyo. The building was designed by architect Shinichi Okada and won the Architecture Institute of Japan Prize for Design.
Appointment and organization
Judicial system of Japan
In the judicial system of Japan, the postwar constitution guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws"...
, including the activities of public prosecutors, and disciplining judges and other judicial personnel. It renders decisions from either a grand bench of fifteen justices or a petit bench of five. The grand bench is required for cases involving constitutionality. The court includes 34 research clerks, whose function is similar to that of the clerks of the United States Supreme Court.
The Chief Justice is chosen by the Cabinet
Cabinet of Japan
The of Japan is the executive branch of the government of Japan. It consists of the Prime Minister and up to fourteen other members, called Ministers of State. The Prime Minister is designated by the Diet, and the remaining ministers are appointed and dismissed by the Prime Minister...
(Prime Minister
Prime Minister of Japan
The is the head of government of Japan. He is appointed by the Emperor of Japan after being designated by the Diet from among its members, and must enjoy the confidence of the House of Representatives to remain in office...
) and appointed by the Emperor.
The Associate Justices are appointed by the Cabinet and attestation by the Emperor.
After appointment Supreme Court justices are subject to a "people's review": an automatic retention referendum
Retention election
A judicial retention election is a periodic process whereby a judge is subject to a referendum held at the same time as a general election...
in which the voters may remove the judge from office. A people's review occurs at the first election to the House of Representatives after a justice assumes office, when the question of whether his tenure should continue is put to voters on the ballot. The Supreme Court justice is then subject to a further people's review at the first lower house election after every ten years. The system used resembles the Missouri Plan
Missouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...
followed in some U.S. states. It is established by Article 79 of the constitution which includes the following provisions:
, no Supreme Court justice has ever been dismissed by a people's review. It is also unusual for a justice to be subject to a second review, as most are over the age of sixty when appointed and there is mandatory retirement at seventy.
Judicial review of laws
The Supreme Court is the only Japanese court explicitly empowered to review the constitutionality of laws, although it has held that lower courts also have power to interpret the constitution. Unlike constitutional courts in other civil law countries, it only exercises judicial review in cases where there is a genuine dispute between parties, and does not accept questions of constitutionality from government officials.The Supreme Court is generally reluctant to exercise the powers of judicial review given to it by the constitution, in large part because of unwillingness to become involved in politically sensitive issues. When decisions have been rendered on such matters as the constitutionality of the Self-Defense Forces
Japan Self-Defense Forces
The , or JSDF, occasionally referred to as JSF or SDF, are the unified military forces of Japan that were established after the end of the post–World War II Allied occupation of Japan. For most of the post-war period the JSDF was confined to the islands of Japan and not permitted to be deployed...
, the sponsorship of Shinto
Shinto
or Shintoism, also kami-no-michi, is the indigenous spirituality of Japan and the Japanese people. It is a set of practices, to be carried out diligently, to establish a connection between present day Japan and its ancient past. Shinto practices were first recorded and codified in the written...
ceremonies by public authorities, or the authority of the Ministry of Education
Ministry of Education, Culture, Sports, Science and Technology (Japan)
The , also known as MEXT or Monkashō, is one of the ministries of the Japanese government.The Meiji government created the first Ministry of Education in 1871....
to determine the content of school textbooks or teaching curricula, the Court has generally deferred to the government.
One important exception to this trend was a series of rulings on the unconstitutionality of the electoral district apportionment
Elections in Japan
The Japanese political system has three types of elections: general elections to the House of Representatives held every four years , elections to the House of Councillors held every three years to choose one-half of its members, and local elections held every four years for offices in prefectures,...
system. Although the Court ruled in 1964 that legislative districting was largely a matter of legislative policy, it ruled in the 1976 case of Kurokawa v. Chiba Prefecture Election Control Commission, that a 5:1 discrepancy in the voter-to-representative ratio between two districts was an unconstitutional violation of the right to an equal vote. Nonetheless the Diet has repeatedly failed to keep malapportionment within the limits set forth in Kurokawa. Aside from electoral matters, provisions declared unconstitutional by the Supreme Court have included rules
- Punishing patricidePatricidePatricide is the act of killing one's father, or a person who kills his or her father. The word patricide derives from the Latin word pater and the Latin suffix -cida...
more harshly than other homicides. - Restricting pharmacies from doing business close to one another.
- Limiting the liability of the postal service for the loss of registered mail.
- Restricting subdivision of property by joint owners of forest land.
- Restricting the right of citizenship of certain illegitimateLegitimacy (law)At common law, legitimacy is the status of a child who is born to parents who are legally married to one another; and of a child who is born shortly after the parents' divorce. In canon and in civil law, the offspring of putative marriages have been considered legitimate children...
children.
One critic of the court writes that:
Current Justices
The current justices are listed here.| Title | Name | Petty Bench | University | Background | Previous occupation |
|---|---|---|---|---|---|
| Chief Justice | Hironobu Takesaki Hironobu Takesaki is a Japanese lawyer and the Chief Justice of the Supreme Court of Japan. He is a graduate of the University of Tokyo Faculty of Law and of Columbia Law School.... |
Second | Tokyo University of Tokyo , abbreviated as , is a major research university located in Tokyo, Japan. The University has 10 faculties with a total of around 30,000 students, 2,100 of whom are foreign. Its five campuses are in Hongō, Komaba, Kashiwa, Shirokane and Nakano. It is considered to be the most prestigious university... |
Judge | President, Tokyo High Court |
| Justice | Yuki Furuta Yuki Furuta is a member of the Supreme Court of Japan.- References :... |
Second | Tokyo | Prosecutor | Deputy Prosecutor-General, Supreme Public Prosecutors Office |
| Justice | Kohei Nasu Kohei Nasu is a member of the Supreme Court of Japan.-References:... |
Third | Tokyo | Attorney | Chairperson of the Sub-Committee on Research of Japan Law Foundation |
| Justice | Mutsuo Tahara Mutsuo Tahara is a member of the Supreme Court of Japan.-References:... |
Third | Kyoto Kyoto University , or is a national university located in Kyoto, Japan. It is the second oldest Japanese university, and formerly one of Japan's Imperial Universities.- History :... |
Attorney | Guest Professor, Kyoto University |
| Justice | Koji Miyakawa Koji Miyakawa is a member of the Supreme Court of Japan.-References:... |
First | Nagoya Nagoya University Nagoya University is one of the most prestigious universities in Japan. It can be seen in the several rankings such as shown below.-General Rankings:... |
Attorney | |
| Justice | Ryuko Sakurai Ryuko Sakurai is a member of the Supreme Court of Japan. She joined on September 11, 2008.Sakurai, a former bureaucrat of the Ministry of Labor, replaced Kazuko Yokoo, who resigned. She was the third woman to take a post in the Supreme Court of Japan.-References:... |
First | Kyushu Kyushu University Kyushu University is one of the most prestigious universities in Japan. It can be seen in the several rankings such as shown below.-General Rankings:The university has been ranked 8th in 2010 and 2009 in the ranking "Truly Strong Universities" by Toyo Keizai... |
Bureaucrat Bureaucrat A bureaucrat is a member of a bureaucracy and can comprise the administration of any organization of any size, though the term usually connotes someone within an institution of a government or corporation... |
Director-General of the Women's Bureau , Ministry of Labour Ministry of Health, Labour and Welfare (Japan) The ' is a cabinet level ministry of the Japanese government. It is commonly known as Kōrō-shō in Japan. This ministry provides regulations on maximum residue limits for agricultural chemicals in foods, basic food and drug regulations, standards for foods, food additives, etc.It was formed with... |
| Justice | Yukio Takeuchi Yukio Takeuchi is a member of the Supreme Court of Japan.-References:... |
Second | Kyoto | Diplomat Diplomat A diplomat is a person appointed by a state to conduct diplomacy with another state or international organization. The main functions of diplomats revolve around the representation and protection of the interests and nationals of the sending state, as well as the promotion of information and... |
Special Adviser of Ministry of Foreign Affairs Ministry of Foreign Affairs (Japan) The is a cabinet level ministry of Japan responsible for the country's foreign relations.The ministry is due to the second term of the third article of the National Government Organization Act , and the Ministry of Foreign Affairs Establishment Act establishes the ministry... |
| Justice | Seishi Kanetsuki Seishi Kanetsuki is a member of the Supreme Court of Japan.-References:... |
First | Tokyo | Judge | President, Osaka High Court |
| Justice | Masahiko Sudo | Second | Chuo Chuo University Chuo University is a one of the Japanese leading universities. Thus it is competitive in several rankings such as shown below.-General Rankings:The university has been ranked 27th, 25th, 34th during 2008-2010 respectively in the ranking "Truly Strong Universities" by Toyo Keizai.-Research... |
Attorney | |
| Justice | Katsumi Chiba | Second | Tokyo | Judge | President, Sendai High Court |
| Justice | Tomoyuki Yokota | First | Chuo | Prosecutor | Deputy Prosecutor-General, Supreme Public Prosecutors Office |
| Justice | Yū Shiraki | First | Tokyo | Judge | President, Tokyo High Court |
| Justice | Kiyoko Okabe | Third | Keio Keio University ,abbreviated as Keio or Keidai , is a Japanese university located in Minato, Tokyo. It is known as the oldest institute of higher education in Japan. Founder Fukuzawa Yukichi originally established it as a school for Western studies in 1858 in Edo . It has eleven campuses in Tokyo and Kanagawa... |
Judge, Academic | Professor, Keio University School of Law |
| Justice | Takehiko Otani | Third | Tokyo | Judge | President, Osaka High Court |
| Justice | Itsuro Terada | Third | Tokyo | Judge | President, Hiroshima High Court |
Former justices
| Title | Name | Petty Bench | University | Background | Previous occupation |
|---|---|---|---|---|---|
| Justice | Tokuji Izumi Tokuji Izumi is a Japanese attorney . He was a career judge and a Justice of the Supreme Court of Japan. Following his retirement, Izumi participated in a public campaign against the re-election of two of his former colleagues, Justices Wakui and Nasu, in protest against the votes they had cast in an electoral... |
First | Kyoto | Judge | President, Tokyo High Court |
| Chief Justice | Niro Shimada Niro Shimada was the Chief Justice of the Supreme Court of Japan.Born in Tokyo, he attended the University of Tokyo, graduating with an LL.B. and passing the bar examination in 1962. He was appointed as an assistant judge in 1964 and rotated through the criminal divisions of the Tokyo and Nagoya District Courts... |
Second | Tokyo | Judge | President, Osaka High Court |
| Justice | Kazuko Yokoo Kazuko Yokoo is a former justice of the Supreme Court of Japan. She was the second woman in history to serve in that role.She attended International Christian University and became a bureaucrat in the Ministry of Health and Welfare after graduation. She was appointed as head of Japan's social insurance system... |
First | ICU International Christian University There are several rankings related to ICU, shown below.-Alumni rankings:According to the Weekly Economist's 2010 rankings and the PRESIDENT's article on 2006/10/16, graduates from ICU have the 24th best employment rate in 400 major companies, and their average graduate salary is the 4th best in... |
Diplomat | Ambassador of Japan to Ireland Ireland Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth... |
| Justice | Chiharu Saiguchi Chiharu Saiguchi is a former justice of the Supreme Court of Japan.-References:... |
First | Chūō | Attorney | Member, Advisory Committee on Civil Rules of the Supreme Court |
| Justice | Osamu Tsuno Osamu Tsuno is a former justice of the Supreme Court of Japan.-References:... |
Second | Kyoto | Bureaucrat, attorney | Director-General, Cabinet Legislation Bureau |
| Justice | Shigeo Takii Shigeo Takii is a former justice of the Supreme Court of Japan.-References:... |
Second |
See also
- Politics of JapanPolitics of JapanThe politics of Japan is conducted in a framework of a parliamentary representative democratic monarchy, where Prime Minister of Japan is the head of government. Japanese politics uses a multi-party system. Executive power exercised by the government. Legislative power is vested in the Diet, with...
- Japanese lawJapanese law-Historical Developments:Pre-Modern History The early law of Japan was heavily influenced by Chinese law. Little is known about Japanese law prior to the seventh century, when the Ritsuryō was developed and codified. Before Chinese characters were transplanted and adopted by the Japanese, the...
- Judicial system of JapanJudicial system of JapanIn the judicial system of Japan, the postwar constitution guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws"...
- 2008 Decisions of the Supreme Court of Japan2008 Decisions of the Supreme Court of Japan2008 Decisions of the Supreme Court of Japan.- References :**- See also :*Politics of Japan*Japanese law*Judicial System of Japan*Landmark Cases of the Supreme Court of Japan...