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The , located in
Hayabusachō is a district of Chiyoda, Tokyo, Japan. As of April 1, 2007, the district's population is 483. Hayabusachō is located of the western part of Chiyoda. It borders Kōjimachi to the north, the Tokyo Imperial Palace to the east, Nagatachō to ...
, Chiyoda,
Tokyo Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.46 ...
, is the
highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the n ...
. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law. It has the power of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
, which allows it to determine the constitutionality of any law or official act.


History

The modern Supreme Court was established in Article 81 of the
Constitution of Japan The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn romanization, Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japa ...
in 1947. There was some debate among the members of the
SCAP SCAP may refer to: * S.C.A.P., an early French manufacturer of cars and engines * Security Content Automation Protocol * '' The Shackled City Adventure Path'', a role-playing game * SREBP cleavage activating protein * Supervisory Capital Assessm ...
legal officers who drafted the constitution and in the Imperial Diet meeting of 1946 over the extent of the power of the judiciary, but it was overshadowed by other major questions about popular sovereignty, the role of the emperor, and the renunciation of war. Although the ratified wording in Article 81 states that court possesses the power of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
, a part of the court's early history involved clarifying the extent of this power. In 1948, the court declared that the constitution meant to establish the type of judicial review that was practiced in the United States. In 1952, the power was clarified to apply only in cases with a concrete case. In the 1960s and 1970s, the Supreme Court experienced a "judicial crisis" between older judges and generally younger, liberal judges. For example, there was controversy when some judges in lower courts were seen as frustrating the implementation of ordinances that would limit anti-government demonstrations. In 1971, the Supreme Court deliberately did not reappoint assistant judge Yasauaki Miyamoto, who participated in a legal organization associated with left-wing ideological leanings. This "Miyamoto Affair" resulted in significant media coverage and protest by other judges. Since then, no judge has failed to be reappointed. Ultimately, the court was reshaped during the 1960s and 1970s to become more conservative, with more representation among the justices from lifetime government employees, which resulted in decisions that tended to limit free expression and public demonstration.


Powers and responsibilities

Article 81 of the Constitution of Japan defines the Supreme Court as a court of last resort and allows it to conduct judicial review through "the power to determine the constitutionality of any law, order, regulation or official act". In its first role as a court of last resort, the Supreme Court hears civil, administrative and criminal cases appealed from lower courts. This responsibility and the inability to apply discretion in the appeals it hears results in civil and criminal appeals being a significant majority of its caseload. In its second role, the Supreme Court can exercise its power of judicial review when a concrete legal dispute involving a violation or misinterpretation of the constitution is appealed. The Supreme Court also manages the operation, budget, and personnel of all of Japan's courts. Decisions are made by a regular Conference of the Justices in the Supreme Court and implemented by the Administration Bureau of the Supreme Court. The Chief Justice of the Supreme Court, through the office of the General Secretariat, also has extensive control over judicial personnel, including judges. This includes the ability to determine posts of judges, which has a significant impact on their careers and advancement opportunities. The Supreme Court also oversees the Legal Research and Training Institute, which prospective legal professionals who have passed the National Bar Examination are required to attend to receive practical training.


Use of judicial review

Although the Supreme Court has established the power to strike down legislation that is unconstitutional, it has used this power extremely infrequently. By a simple numerical count, the Supreme Court struck down only eight laws on constitutional grounds over a period of six decades, during which the German Federal Constitutional Court struck down over 600, and the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
over 900. Furthermore, in at least one case where a constitutional violation was found, regarding election district apportionment, the court has been unable to achieve compliance with its ruling. Observers have proposed several possible reasons for this. One critical view is that the membership of the Supreme Court is influenced by the political dominance of the LDP, and therefore is less likely to challenge legislation produced by aligned politicians in the
National Diet The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (, '' Sangiin''). Both houses are directly elected under a paral ...
. There could also be the desire to maintain good relationships with judges in the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...
or other departments. Another critical view is that the court functions like a bureaucracy, with a conservative leadership promoting like-minded judges that less likely to make significant decisions. A historical perspective argues that the early judges were influenced by a Meiji Constitution and German jurisprudence tradition that did not allow striking down unconstitutional legislation, and that over time this expectation resulted in a reluctance to act in politically sensitive cases to maintain judicial independence. One more favorable explanation is the role of the
Cabinet Legislation Bureau The is a Japanese government agency which advises Cabinet members on drafting legislation to be proposed to the Diet. It acts as legal counsel for the Cabinet by examining bills, orders, and treaties. It also presents opinions on legal matter ...
in the legal ecosystem. The bureau is composed of senior bureaucrats and a minority of judges, some of whom go on to join the Supreme Court. It has the responsibility of thoroughly investigating government legislation to avoid constitutional flaws. Proponents of this view argue that this process prevents the need for the Supreme Court to frequently strike down legislation, as violations of the constitution are removed during the legislative phase.


Composition

The composition of the Supreme Court is defined by the 1947 Judiciary Act. The Supreme Court is composed of a Chief Justice and fourteen other Justices. These Justices are divided into three Petty Benches of five, which adjudicate most appeals. Questions of constitutional interpretation are adjudicated by the Grand Bench of all fifteen Justices, of which nine are needed for a
quorum A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to '' Robert's Rules of Order Newly Revised'', the ...
. Associate Justices of the Supreme Court are both selected and appointed by the
Cabinet of Japan The is the chief executive body of the government of Japan. It consists of the prime minister, who is appointed by the emperor after being designated by the National Diet, and up to nineteen other members, called Ministers of State. The p ...
but the Chief Justice differs in being appointed by the
Emperor of Japan The Emperor of Japan is the monarch and the head of the Imperial Family of Japan. Under the Constitution of Japan, he is defined as the symbol of the Japanese state and the unity of the Japanese people, and his position is derived from "the ...
. Justices are required to be over the age of forty and possess an extensive knowledge of the law. Unlike in other countries, Supreme Court judges in Japan are subject to
retention election A judicial retention election (or retention referendum) is a periodic process in some jurisdictions whereby a judge is subject to a referendum held at the same time as a general election. The judge is removed from office if a majority of votes ar ...
s after being appointed. In the first general election after being appointed, a judge can be dismissed if a majority votes against them, but a Supreme Court Justice has never been dismissed in this way. Although a public review is stipulated to occur every ten years after appointment, since Justices are generally appointed at age sixty or older and must retire at age seventy, there are effectively no "second reviews." Particular to the Supreme Court of Japan is the uncodified custom of having seats of the court be allocated to different legal professions: career judges, private attorneys, prosecutors, academics and bureaucrats. The numbers for each group have been subject to some variation, but overall have been remarkably stable since the court's inception.


Facility

The modern Supreme Court was first convened in May 1947 in the former
Privy Council A privy council is a body that advises the head of state of a state, 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 mo ...
quarters of the Tokyo Imperial Palace. It moved to the Tokyo District Court building in September of that year. It was intended to occupy the building of the Supreme Court of Judicature, the previous highest court during the
Imperial Japan The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent forma ...
era, but the building was largely destroyed in the war and had to be rebuilt. In October 1949, this reconstruction was completed and the Supreme Court of Japan would use the building for twenty-five years. In 1964, a plan for a new Supreme Court building was created. It was decided that the building should be created in a modern style, and that the design be selected through a public contest. Of 217 submissions, one submitted through a joint effort of 17 people including architect Shinichi Okada was chosen. Construction began in 1971 and concluded in 1974. The new and now current Supreme Court building is located at 4-2 Hayabusa-cho, Chiyoda, Tokyo. It is of steel-reinforced concrete construction, and makes ample use of Japanese white granite, just as the previous Supreme Court building did. There are five floors above ground and two floors below ground.


Justices

The current justices are:


See also

* Chief Justice of Japan * Japanese law * Judicial system of Japan * List of Justices of the Supreme Court of Japan * Politics of Japan


References


Further reading

* Hiroshi Itoh. ''The Supreme Court and Benign Elite Democracy in Japan''. London: Routledge, 2010.


External links


Supreme Court of Japan
{{Authority control
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the n ...
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the n ...
1947 establishments in Japan Courts and tribunals established in 1947