The , located in Hayabusachō, Chiyoda, Tokyo, is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law. It has the power of judicial review, 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 in 1947. There was some debate among the members of the SCAP 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 the court possesses the power of judicial review, a part of the court's early history involved clarifying the extent of this power. the power, as the Court held, 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, more 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. This "Miyamoto Affair" resulted in significant media coverage and protest by other judges. 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. This includes the ability to determine posts of judges, which has a significant impact on their careers and advancement opportunities. 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, the United States Supreme Court over 900, and the Indian Supreme Court over 2600. There could also be the desire to maintain good relationships with judges in the Ministry of Justice or other departments.
Composition
thumb|250px|The Grand Bench
The composition of the Supreme Court is defined by the 1947 Judiciary Act. Unlike in other countries, Supreme Court judges in Japan are subject to retention elections, held concurrently with the first general election after their appointment. A judge is removed from office if a majority votes against them, but this has never happened. A public review is stipulated to occur every ten years after appointment, but since Justices are generally appointed at age 60 or older and must retire at age 70, there are effectively no second reviews. It was intended to occupy the building of the Supreme Court of Judicature, the previous highest court during the Imperial Japan 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. Construction began in 1971 and concluded in 1974.
{| class="wikitable"
! Title
! Name
! Birth date
! University
! Background
! Previous occupation
|-
|Chief Justice
|Yukihiko Imasaki
|
|Kyoto
|Judge
|President, Tokyo High Court
|-
|Justice
|Masami Okino
|
|Tokyo
|Legal scholar
|Dean, Graduate Schools for Law and Politics and Faculty of Law, University of Tokyo
|-
|Justice
|Junichi Takasu
|
|Hosei
|Attorney
|Dean, Graduate School of Law, Hosei University
|-
|Justice
|Mamoru Miura
|
|Tokyo
|Prosecutor
|Superintending Prosecutor, Osaka High Public Prosecutors Office
|-
|Justice
|Michiharu Hayashi
|
|Tokyo
|Judge
|President, Tokyo High Court
|-
|Justice
|Kazumi Okamura
|
|Waseda
|Attorney and Prosecutor
|Commissioner, Consumer Affairs Agency
|-
|Justice
|Ryōsuke Yasunami
|
|Tokyo
|Judge
|President, Osaka High Court
|-
|Justice
|Eriko Watanabe
|
|Tohoku
|Attorney
|Auditor, Ochanomizu University
|-
|Justice
|Toru Sakai
|
|Tokyo
|Prosecutor
|Superintending Prosecutor, Tokyo High Public Prosecutors Office
|-
|Justice
|Akira Ojima
|
|Tokyo
|Judge
|President, Osaka High Court
|-
|Justice
|Mitsuko Miyagawa
|
|Tokyo
|Attorney
|Outside Director, Mitsubishi Motors
|-
|Justice
|Kimihiro Ishikane
|
|Tokyo
|Diplomat
|Ambassador, Permanent Mission to the United Nations
|-
|Justice
|Masahiro Hiraki
|
|Tokyo
|Judge
|Chief Judge, Osaka High Court
|-
|Justice
|Makoto Nakamura<!--Q111112240-->
|
|Kyoto
|Judge
|President, Tokyo High Court
|-
|Justice
|Hirofumi Ata
|
|Doshisha
|Attorney
|Chairman, Japan Federation of Bar Associations' Judicial System Research Committee
|}
thumb|250x250px|The Supreme Court building before the war
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
- Justices of the supreme court / Former Justices