Tokiyasu Fujita (Japanese 藤⽥宙靖; born April 6, 1940, in

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 37.468 ...

) is a

Japanese Japanese may refer to: * Something from or related to Japan, an island country in East Asia * Japanese language, spoken mainly in Japan * Japanese people, the ethnic group that identifies with Japan through ancestry or culture ** Japanese diaspor ...

Jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...

, former

Judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

of the

Supreme Court of Japan The , located in Hayabusachō, Chiyoda, Tokyo, Chiyoda, Tokyo, is the Supreme court, highest court in Japan. It has ultimate judicial authority to interpret the Constitution of Japan, Japanese constitution and decide questions of national law. It ...

(September 30, 2002-April 5, 2010),

Professor Emeritus ''Emeritus'' (; female: ''emerita'') is an adjective used to designate a retired chair, professor, pastor, bishop, pope, director, president, prime minister, rabbi, emperor, or other person who has been "permitted to retain as an honorary title ...

Tohoku University , or is a Japanese national university located in Sendai, Miyagi in the Tōhoku Region, Japan. It is informally referred to as . Established in 1907, it was the third Imperial University in Japan and among the first three Designated National ...

, member of the

Japan Academy The Japan Academy (Japanese: 日本学士院, ''Nihon Gakushiin'') is an honorary organisation and science academy founded in 1879 to bring together leading Japanese scholars with distinguished records of scientific achievements. The Academy is c ...

, and member of the

Imperial Household Council The is a ten-member body to approve the statutory matters on the Imperial House of Japan. The Council was established in 1947, when the current Imperial Household Law took effect. Functions The Imperial Household Law provides that the Counci ...

. His specialty is

Administrative law Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...

( PhD from the

University of Tokyo , abbreviated as or UTokyo, is a public research university located in Bunkyō, Tokyo, Japan. Established in 1877, the university was the first Imperial University and is currently a Top Type university of the Top Global University Project by ...

in 1981). He was actively involved in the public debate surrounding the legal transformation of

Japanese National Universities As of 2013, there were 86 , 90 public universities and 606 private universities in Japan. National universities tend to be held in higher regard in higher education in Japan than private or public universities. As of the 2019 fiscal year, the numb ...

into

corporations A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...

in 2004.

Professional Background

Education

* 1959: Graduation from High School of Tokyo University of Education (present: Junior and Senior High School at Otsuka,

University of Tsukuba is a public university, public research university located in Tsukuba, Ibaraki Prefecture, Ibaraki, Japan. It is a top 10 Designated National University, and was ranked Type A by the Japanese government as part of the Top Global University Pro ...

) * 1963: Graduation from the

Faculty of Law A faculty is a division within a university or college comprising one subject area or a group of related subject areas, possibly also delimited by level (e.g. undergraduate). In American usage such divisions are generally referred to as colleges ...

Career

* 1963:

Research Associate Research associates are researchers (scholars and professionals) that usually have an advanced degree beyond a Master's degree. In some universities/research institutes, such as Harvard/Harvard Medical School/Harvard School of Public Health, the ...

* 1966:

Assistant Professor Assistant Professor is an academic rank just below the rank of an associate professor used in universities or colleges, mainly in the United States and Canada. Overview This position is generally taken after earning a doctoral degree and general ...

, Faculty of Law,

* 1977:

Professorship Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who professes". Professors ...

, Faculty of Law,

* 1994:

Dean Dean may refer to: People * Dean (given name) * Dean (surname), a surname of Anglo-Saxon English origin * Dean (South Korean singer), a stage name for singer Kwon Hyuk * Dean Delannoit, a Belgian singer most known by the mononym Dean Titles * ...

, Faculty of Law,

(until 1996) * 2001:

, Graduate School of Law,

* 2002:

* 2002: Appointment as

of the

* April 5th, 2010: Retirement as Judge of the

Appointments

* 1996: Member of the Administrative Reform Council n Japan's ministerial bureaucracy(until 1998) * 2000: Member of the Committee for Settling National-Local Disputes * 2001: Member of the National Land Development Council * 2001: Member of the Investigation Committee for the Disclosure of Information * 2001: Expert member of the Central Council for Education

Rulings and Legal Opinions

* Legal opinion on the Constitutionality of the

Lower House A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...

Election of September 11, 2005 ( 44th Election): Does the division system of

single-member districts A single-member district is an electoral district represented by a single officeholder. It contrasts with a multi-member district, which is represented by multiple officeholders. Single-member districts are also sometimes called single-winner vot ...

violate Article 14, Paragraph 1 et seq. of the

Japanese Constitution The Constitution of Japan (Shinjitai: , Kyūjitai: , 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 Japan, the constitution ...

? (Opinion: constitutional) * Legal opinion: Is there a constitutional violation (Article 14, paragraph 1 et seq.) if regulative distinctions are made between party candidates and independent candidates in primary constituencies in the

Election? (Opinion: constitutional) * Legal opinion: does legitimation (of a child born out of wedlock) as necessary condition (Article 3, Paragraph 1 of the Japanese Nationality Act) violate Article 14, Paragraph 1 of the

? (Opinion: unconstitutional because of a gap in the law; minority opinion). * Legal opinion: does obligating a music teacher at Hino Municipal Elementary School by the principal to accompany the collective singing of the national anthem (

Kimigayo is the national anthem of Japan. The lyrics are from a ' poem written by an unnamed author in the Heian period (794–1185), and the current melody was chosen in 1880, replacing an unpopular melody composed by John William Fenton eleven years e ...

) on the piano at the school entrance ceremony violate Article 19 of the

? (View: unconstitutional) * Dismissal of the appeal (2008) of the trial of the Nishiyama Incident (news reporters had disclosed confidential information obtained in the course of their reporting surrounding the return of

Okinawa is a prefecture of Japan. Okinawa Prefecture is the southernmost and westernmost prefecture of Japan, has a population of 1,457,162 (as of 2 February 2020) and a geographic area of 2,281 km2 (880 sq mi). Naha is the capital and largest city ...

to Japan in 1971 to members of Parliament and were therefore found guilty by the Supreme Court of violating the Public Service Law). * In the "Kôka Student Dormitory" case, in which the ownership of the dormitory acquired by the

Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...

(Taiwan) before the country's diplomatic separation from Japan was in dispute, the presiding judge of the Third Small Senate suddenly resumed the proceedings 20 years after the appeal. The court ruled that the proceedings had been suspended due to the severance of diplomatic relations 35 years earlier, and that the decisions of the four lower courts were therefore moot. The court ordered that the case be reopened from the first trial and remanded the case to the Kyoto District Court. This ruling was criticized by Taiwan's legal team, led by Shigeru Oda, a former Judge of 27 years at the

International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...

, due to a "lack of knowledge of international law and understanding of historical facts". * Ruling in two appeals on the payment of a life insurance policy upon the simultaneous passing of a childless married couple, in which the wife was the beneficiary. The Court of Appeals ruled that only the wife's relatives could receive the premium and rejected appeals by the insurance company and agricultural cooperative, who claimed that "the husband's relatives erealso entitled to the premium." * The court ruled that original film works published in 1953 under the name of a collective were not covered by the extended term of copyright protection under the revised Copyright Act, and that this copyright therefore had expired on December 31, 2003. This overturned the view of the

Agency for Cultural Affairs The is a special body of the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT). It was set up in 1968 to promote Japanese arts and culture. The agency's budget for FY 2018 rose to ¥107.7 billion. Overview The ag ...

that film copyright would last until December 31st, 2023, and legally settled the so-called "1953 issue." * As the chief judge of the Third Main Court in the case of the series of kidnappings and murders of teenagers in Tokyo and Saitama from 1988 to 1989, on, he rejected the defense appeal against defendant

Tsutomu Miyazaki was a Japanese serial killer who murdered four young girls in Tokyo and Saitama Prefecture between August 1988 and June 1989. He abducted and killed the girls, aged from 4 to 7, in his car before dismembering them and molesting their corpses. ...

on January 17, 2006, upholding the latter's death sentence.

Personal life

Family

His father Ichirô Fujita (Japanese 藤⽥⼀郎), was vice chairman of Fujita Gumi (construction company) as well as a member of the Japanese Lower House for the

Japan Socialist Party The was a socialist and progressive political party in Japan that existed from 1945 to 1996. The party was founded as the Social Democratic Party of Japan by members of several proletarian parties that existed before World War II, including ...

Philosophy of Life

Know thyself and trust thyself!

Formative Literature

* Toshio Takashima: Kanji to Nihonjin anji and the Japanese* Takehiro Kanaya: Nihongo no shugo ha iranai apanese Language needs no Subject*

Helen Farnsworth Mears Helen Farnsworth Mears (; December 21, 1872 – February 17, 1916) was an American sculptor. Early years Mears was born December 21, 1872, in Oshkosh, Wisconsin, daughter of John Hall Mears and Elizabeth Farnsworth Mears (pen names "Nellie Wild ...

: Amerika no Kagami: Nihon merica's mirror: Japan*

Robert McNamara Robert Strange McNamara (; June 9, 1916 – July 6, 2009) was an American business executive and the eighth United States Secretary of Defense, serving from 1961 to 1968 under Presidents John F. Kennedy and Lyndon B. Johnson. He remains the Lis ...

: In Retrospect: The Tragedy and Lessons of Vietnam *

John W. Dower John W. Dower (born June 21, 1938 in Providence, Rhode Island, Providence, Rhode Island) is an American author and historian. His 1999 book ''Embracing Defeat, Embracing Defeat: Japan in the Wake of World War II'' won the U.S. National Book Awar ...

: Embracing Defeat: Japan in the Wake of World War II

Interests

Piano The piano is a stringed keyboard instrument in which the strings are struck by wooden hammers that are coated with a softer material (modern hammers are covered with dense wool felt; some early pianos used leather). It is played using a keyboa ...

(elementary school through high school) *

Japanese Archery Japanese may refer to: * Something from or related to Japan, an island country in East Asia * Japanese language, spoken mainly in Japan * Japanese people, the ethnic group that identifies with Japan through ancestry or culture ** Japanese diaspo ...

in Honda Style (university) *

Noh is a major form of classical Japanese dance-drama that has been performed since the 14th century. Developed by Kan'ami and his son Zeami, it is the oldest major theatre art that is still regularly performed today. Although the terms Noh and ' ...

song A song is a musical composition intended to be performed by the human voice. This is often done at distinct and fixed pitches (melodies) using patterns of sound and silence. Songs contain various forms, such as those including the repetitio ...

and dance in " Kanze" Style (time as assistant professor to professor) *

Skiing Skiing is the use of skis to glide on snow. Variations of purpose include basic transport, a recreational activity, or a competitive winter sport. Many types of competitive skiing events are recognized by the International Olympic Committee (IO ...

(since high school) *

Swimming Swimming is the self-propulsion of a person through water, or other liquid, usually for recreation, sport, exercise, or survival. Locomotion is achieved through coordinated movement of the limbs and the body to achieve hydrodynamic thrust that r ...

Awards

* Authorship Award by the Japan Real Estate Association ("Land Law in West Germany and Japan") * Grand Cordon of the Order of the Rising Sun (Autumn 2011)

Publications

As Author

* Kôkenryoku no kôshi to shiteki Kenri shucchô: Otto Beeru "Hôchikoku" no Tachiba to Doitsu Gyôsei Hôgaku xercising Governmental Power and Asserting Private Rights: Otto Baer's Concept of the "Rule of Law" and German Administrative Law Scholarship(Yûhikaku, 1978) * Nishi Doitsu no Tochihô to Nihon no Tochihô and Law in West Germany and Japan(Sôbunsha, 1988) * Gyôsei Hôgaku no Shikô Keishiki (Zôhoban) hought patterns in administrative law (extended edition)(Dotakusha 2002) * Gyôseihô no Kiso Riron (Jô, Gekan) asic Theories of Administrative Law (Volume 1&2)(Yûhikaku, 2005) * Gyôsei Soshikihô dministrative Organization Law ûhikaku, 2005* Gendai Hôritsugaku Kôza Gyôseihô 1 Sôron (Dai 4 Han Kaitei) ourse Contemporary Law : General Introduction to Administrative Law 1 (4th Revised Edition).(Seirin Shoin, 2005) * Saikôsai Kaisôroku Gakusha Hanji no Nana Nen Han emories of the Supreme Court: Seven and a Half Years of a Scientific Judge(Yûhikaku, 2012) * Gyôseihô Nyûmon (Dai 6 Han) ntroduction to Administrative Law (6th Edition)(Yûhikaku, 2013) * Shinban Gyôseihô Sôron ew Edition: General Introduction to Administrative Law(Seirin Shoin, 2020)

As Editor

* Kenpô to Gyôseihô: Kojima Kazushi Hakushi Tôhoku Daigaku Taishoku Kinen onstitution and Administrative Law: Festschrift for Dr. Kazushi Kojima on his retirement from Tohoku University(Ryosho Fukyûkai, 1987) * Kenpô Ronshû Higuchi Yôichi Sensei Koki Kinenkan ssay Collection on the Constitution: Celebratory Writing Collection for Yôichi Higuchi on his 70th Birthday.(Sôbunsha, 2004)

References

Supreme Court of Japan justices 1940 births Living people {{Japan-law-bio-stub