Japanese living abroad are not allowed to participate in the national review of Supreme Court justices. Such inequalities have not been resolved for many years. It is hoped a recent court ruling will serve as an opportunity to think about the future of the system.
In the court case the plaintiffs claimed the fact that Japanese living aboard are unable to vote in the national review is unconstitutional and the Tokyo High Court agreed in its ruling, supporting a lower court decision. The court did not recognize the need for state redress, but pointed out it would be illegal if Japanese living abroad cannot participate in the next national review.
Both the state and the plaintiffs appealed to the Supreme Court, leaving the final decision to the top court.
The national review is a system in which eligible voters express their views whether Supreme Court justices appointed by the Cabinet are appropriate for their duties. This is stipulated in the Constitution. The national review is held along with the House of Representatives elections. Voters mark an "X" above the names of justices they believe should be dismissed.
The high court ruling carried an opinion, saying the right to vote in the national review is "as important a right as the right to vote in elections, rooted in the sovereignty of the people." The ruling apparently took into consideration the spirit of the system, which aims to have the people exercise control in the appointment of Supreme Court justices, who sit at the top of the judiciary.
Formerly, Japanese living overseas had not been able to participate in elections. The 1998 revision of the Public Offices Election Law allowed overseas residents to cast their ballots in proportional representation sections of national elections. Currently, Japanese living overseas are also allowed to vote in constituency races in national elections. However, the national review has been left untouched.
In the trial, the state insisted, "It takes time to send the ballots abroad for the national review." Even so, it is important to steadily develop an environment in which overseas residents can exercise their rights.
Nearly 1.4 million Japanese live abroad, and as of September last year, about 100,000 Japanese had been registered on the list of eligible voters living abroad. With globalization advancing, there is no doubt that the number of Japanese based overseas will continue to increase.
Given the spread of the internet and the development of new technologies, it may be a good idea to study new methods without sticking to current ways.
It has been pointed out that the national review system has lost significance.
Justices will be reviewed at the time of the first lower house election after their appointments. After that, they are reviewed every 10 years. Since they are often appointed to the Supreme Court after the age of 60, they are actually reviewed once until they reach the retirement age of 70.
In the first place, most voters probably do not know the faces or names of the justices or what kind of judgments they have made. Since the end of World War II, a total of 179 people have been reviewed, and the rate of ballots in favor of dismissal were about 15% at maximum. No justice has ever been dismissed as such votes have never crossed the 50% threshold.
The latest court case raised the question of the importance of a national review. In addition to guaranteeing the rights of foreign residents, efforts must be made to improve the system itself.
-- The original Japanese article appeared in The Yomiuri Shimbun on July 12, 2020.
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