「海外でも国民審査を」訴訟【アーカイブケース】 Review Right of Supreme Court Judges for Japanese Overseas [Archive case]

#政治参加・表現の自由 #Democracy/Freedom of Expression
#アーカイブ #Archive

現在の支援総額 Total amount of current support

292,000円 ¥ 292,000


目標金額 Target amount

200,000円 ¥ 200,000

サポーター Supporter

42 人 42 supporters

支援の募集は終了しました Application Closed

海外でも国民審査を実現するために、制度の改善を求めています。 We are seeking improvement of the system to realize the national assessment overseas.

*2022年5月25日 最高裁判所・判決  [訴訟資料]ページに判決文を掲載いたしました。是非ご覧ください*







しかし、調べてみると、海外在住者から国民審査権が奪われたままであることがわかりました。 私たちは、最高裁裁判官の国民審査権という、憲法によって国民に認められた民主主義の基本的な権利が奪われ、かつ、その問題が長らく放置されているということは大きな問題だと考えました。そして問題意識を他の原告の方に声をかけ、また弁護士の方々の協力を得て、この訴訟を起こすことにしました。 







Both plaintiffs in this case are Japanese residing abroad. Mr. Taniguchi lived in the U.S. and Mr. Nagai lived in Brazil. In October 2017, when they went to execute their voting rights for the Diet elections and the national review of supreme court judges, they were only allowed to vote for the Diet members, but not for the supreme court judges. 

Why Japanese nationals residing abroad cannot execute their right to review supreme court judges, which is a right explicitly guaranteed in the Constitution of Japan? 

As a result, they decided to file a case against the government, claiming that the inability to execute national review rights violates the Constitution, and asked for compensation. 

After a prolonged litigation battle for almost five years, the Supreme Court of Japan eventually ruled for the plaintiffs and confirmed that it is unconstitutional to reject such review rights for Japanese overseas. 

What Is the Basis for the Right to Review Judges

In Japan, the Supreme Court judges are designated by the Cabinet (with formal approval by the emperor). The lower court judges are appointed by the Cabinet. The judges are not elected by nor directly responsible to the people. 

Therefore, one of the most important ways to allow Japanese people to check and control the judicial branch is the popular review of supreme court judges. Under the Constitution, when more than half of the voters vote to dismiss the judges, the judges can be removed.  The national review right is specifically required by Article 79 of the Japanese Constitution, and the procedure is prescribed by the Act on National Review of Supreme Court Justice. 

Why It Is Important 

At the trial, the government argued that it takes time to send ballot papers with judge names and collect them from overseas. But the court did not accept the argument and ruled that the national review right is just as vital as the voting right for diet members, and such a reason is not justifiable. 

The court demanded the government and legislature to quickly revise the law to address the issue. The national review Act was revised and published according to the supreme court decision in November 2023. 

The popular national review right of supreme court judges is a rarity in the world. But given the strong connection between the judicial branch and the government in Japan, the national review right serves an important role in reinforcing the sovereignty of people in Japan, because rule of law cannot be accomplished without a judicial system, approved and supported by the people.  

How the Funds are Used 

The funds collected are used to cover necessary costs for the litigation including logistic expense, filing fees, and expert fees. The remaining part (about 190,000 Japanese yen) is distributed among the six representative attorneys in this case. 

※ One of the plaintiffs in this case is a representative of Call4. 




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