Vote value disparity and judicial review in Japan
Abstract This study aims to propose a discussion on vote value disparity and judicial review in Japan. The starting point of this analysis is the 2015 ruling by the Japanese Supreme Court on the disparity in the number of members in the House of Representatives following the general elections of December 2014. According to the Japanese Constitution, the value of the votes should be equal to the total number of voters. It was requested to the Supreme Court that the results of the 2014 elections for the House of Representatives were considered null and void. The article analyses the current Diet, the Japanese electoral system, the Japanese judicial review and the relation between representatives and voters. Then, it focuses on Iken-Jotai doctrine on “unconstitutional state or condition”, about the irregularities with the process, as well as the 2015 reform and the Supreme Court’s decision. It concludes, amongst other things, that the analyzed decision used the political question theory, and that the autonomy and discretion of the cabinet should have been considered. The methodology of the study is bibliographic and jurisprudential analysis on the theme.
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| Format: | Digital revista |
| Language: | English |
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Universidade Federal do Paraná
2018
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| Online Access: | http://old.scielo.br/scielo.php?script=sci_arttext&pid=S2359-56392018000200057 |
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| Summary: | Abstract This study aims to propose a discussion on vote value disparity and judicial review in Japan. The starting point of this analysis is the 2015 ruling by the Japanese Supreme Court on the disparity in the number of members in the House of Representatives following the general elections of December 2014. According to the Japanese Constitution, the value of the votes should be equal to the total number of voters. It was requested to the Supreme Court that the results of the 2014 elections for the House of Representatives were considered null and void. The article analyses the current Diet, the Japanese electoral system, the Japanese judicial review and the relation between representatives and voters. Then, it focuses on Iken-Jotai doctrine on “unconstitutional state or condition”, about the irregularities with the process, as well as the 2015 reform and the Supreme Court’s decision. It concludes, amongst other things, that the analyzed decision used the political question theory, and that the autonomy and discretion of the cabinet should have been considered. The methodology of the study is bibliographic and jurisprudential analysis on the theme. |
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