Misplaced Pages

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32-495: The High Court has the jurisdiction to hear appeals to judgments rendered by district courts in the first instance and family courts. This excludes cases under the jurisdiction of the Supreme Court . Appeals to criminal cases go directly to high courts, but civil case appeals are first handled by district courts. The Tokyo High Court has exclusive original jurisdiction over cases that involve quasi-judicial agencies, including

64-689: A quorum . Associate Justices of the Supreme Court are both selected and appointed by the Cabinet of Japan , but the Chief Justice differs in being appointed by the Emperor of Japan . Justices are required to be over the age of 40 and possess an extensive knowledge of the law. Unlike in other countries, Supreme Court judges in Japan are subject to retention elections , held concurrently with

96-795: A Japanese politician who is serving as the Speaker of the House of Representatives since October 2023. A member of the Liberal Democratic Party , he has been a member of the House of Representatives since 1983 and represents Ibaraki 's 2nd district. He was previously the Minister of Finance from 2007 to 2008, and served twice as Director-General of the Japan Defense Agency and Deputy Chief Cabinet Secretary . Nukaga

128-466: 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

160-697: 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. 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

192-652: 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

224-616: Is a stub . You can help Misplaced Pages by expanding it . Supreme Court of Japan The Supreme Court of Japan ( 最高裁判所 , Saikō-Saibansho , called 最高裁 Saikō-Sai for short) , 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

256-400: 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. The current justices are: Fukushiro Nukaga Fukushiro Nukaga ( 額賀 福志郎 , Nukaga Fukushirō , born 11 January 1944) is

288-576: 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 . There could also be the desire to maintain good relationships with judges in the Ministry of Justice or other departments. Another critical view is that the court functions like a bureaucracy, with

320-522: Is the role of the Cabinet Legislation Bureau 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

352-542: The Great East Japan Earthquake ". On 8 February 2018, Nukaga announced his intent to resign from his position as head of Heisei Kenkyūkai. This followed a rebellion in which faction members in House of Councillors led by Hiromi Yoshida threatened to leave the faction unless there was change in leadership. In March he handed over the leadership to Wataru Takeshita , the half-brother of the faction's founder. After that, Nukaga became chief advisor of

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384-585: 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. 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

416-668: 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 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

448-485: 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

480-453: 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, 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,

512-440: 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

544-715: The ability to rescind decisions in cases made by such agencies. The Intellectual Property Court is a special branch of the Tokyo High Court. Established in April 2005, it handles only cases related to intellectual property. This includes appeals to civil cases relating to patent rights from district courts and trial decisions made by the Japan Patent Office . 35°40′30″N 139°45′11″E  /  35.675°N 139.753°E  / 35.675; 139.753 This article related to government in Japan

576-414: 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

608-459: 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 at Kajima led by architect Shinichi Okada was chosen. Construction began in 1971 and concluded in 1974. The new and now current Supreme Court building

640-492: The constitution are removed during the legislative phase. The composition of the Supreme Court is defined by the 1947 Judiciary Act. The Supreme Court is composed of a Chief Justice and 14 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 15 Justices, of which nine are needed for

672-638: The constitutionality of any law or official act. 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,

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704-610: The faction. In September 2019 Nukaga left the position of subcommittee chairman and became an advisor of the LDP Tax System Research Commission. He remained an authority in the field of economic policy within the LDP. In December 2021 he was chosen as chief of the new LDP "Headquarters for promoting fiscal consolidation." In October 2023 Nukaga was elected Speaker of the House of Representatives, after Hiroyuki Hosoda resigned for health reasons. Nukaga

736-401: 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. Particular to the Supreme Court of Japan is

768-501: The justices from lifetime government employees, which resulted in decisions that tended to limit free expression and public demonstration. Naruhito [REDACTED] Fumihito [REDACTED] Shigeru Ishiba ( LDP ) Second Ishiba Cabinet ( LDP – Komeito coalition ) [REDACTED] [REDACTED] Fukushiro Nukaga Kōichirō Genba [REDACTED] Masakazu Sekiguchi Hiroyuki Nagahama Saburo Tokura Kazuo Ueda Article 81 of

800-482: The mutual aid foundation KSD. He said that his secretary had received the money and that it had been returned, but apologized and said that he took "final responsibility as a supervisor". Chief Cabinet Secretary Yasuo Fukuda said that the government believed Nukaga's explanation. Nukaga served as chairman of the LDP Policy Research Council from September 2003 to September 2004. He returned to

832-466: The position of LDP president (and thus Prime Minister) on 13 September, but, on 14 September, after meeting with Yasuo Fukuda , Nukaga announced that he would back Fukuda for the leadership. Following Fukuda's victory in the leadership election, Nukuga remained as Finance Minister in Fukuda's Cabinet, sworn in on 26 September 2007. He was replaced in that post by Bunmei Ibuki on 1 August 2008. Nukaga

864-403: The position of Minister of State and Director General of the Japan Defense Agency on 31 October 2005, under Prime Minister Junichiro Koizumi , and remained in that position until September 2006. He was appointed Minister of Finance by Prime Minister Shinzō Abe in a cabinet reshuffle on 27 August 2007. Following Abe's resignation on 12 September, Nukaga initially said that he would run for

896-472: 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. 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, as

928-453: 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. The modern Supreme Court was first convened in May 1947 in the former Privy Council quarters of

960-663: Was born in Asō, Ibaraki , now part of Namegata, Ibaraki . He graduated from Waseda University 's Faculty of Political Science and Economics. After working as a reporter for the Sankei Shimbun , he entered politics and was elected to the House of Representatives for the first time in 1983 . He joined the Tanaka faction when elected, but along with most of the faction he later joined the Keiseikai founded by Noboru Takeshita , which

992-598: Was later renamed the Heisei Kenkyūkai . He was named Minister of State and Director General of the Japan Defense Agency on 30 July 1998, under Prime Minister Keizō Obuchi , serving in that position until November 1998, when he resigned due to a scandal. He was named Minister of State in charge of economic and fiscal policy, as well as IT policy, on 5 December 2000, as part of Prime Minister Yoshirō Mori 's second cabinet, but he resigned on 23 January 2001, following criticism regarding 15 million yen he had received from

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1024-551: Was reelected in the August 2009 House of Representatives election , which was otherwise disastrous for the LDP. Nukaga was chosen to replace the retiring Yuji Tsushima as head of the Heisei Kenkyūkai. After the LDP returned to government with the 2012 election he became subcommittee chairman of the LDP Tax System Research Commission. In April 2015 he also became chief of the LDP "Headquarters for accelerating reconstruction after

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