Judicial system of Japan

In the judicial system of Japan, the Constitution of Japan guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws" (Article 76). They cannot be removed from the bench "unless judicially declared mentally or physically incompetent to perform official duties," and they cannot be disciplined by executive agencies (Article 78). Supreme Court judges, however, may be removed by a majority of voters in a referendum that occurs at the first general election following the judge's appointment and every ten years thereafter.

The judiciary was far more constrained under the Meiji Constitution than it is under the present Constitution and had no authority over administrative or constitutional law cases. Moreover, the Ministry of Justice had complete and direct control over the courts' administrative affairs. Nonetheless, Professor John Haley argues that the courts maintained complete independence in the adjudication of particular cases. "Judicial independence from the political branches was emphatically established as a fundamental principle of governance in Article 57 of the Meiji Constitution. Of all branches of government only the courts exercised authority "in the name of the Emperor." Haley argues that this was and remains a matter of great pride for Japanese judges and notes that "placed prominently in all courtrooms was the inscription "in the name of the Emperor" as a meaningful reminder to imperial officials and subjects alike that the Emperor's judges were not subject to political control or direction."

Japan's court system is divided into four basic tiers.

At the first of the four tiers of courts are the 438 summary courts (簡易裁判所 kani saibansho), staffed by 806 summary court judges. Summary court judges are not career judges. Qualification as a regular judge is not required. Instead, summary court judges are formally nominated for pro forma cabinet appointment by a special selection committee formally comprising all Supreme Court justices, the President (長官 chōkan) of the Tokyo High Court, the deputy procurator general, representatives of the bar, and others "with special knowledge and experience. They mostly handle small claims civil cases (disputes not in excess of ¥1,400,000), as well as minor criminal offenses. They are only able to imprison defendants in a few special cases. Summary Courts are presided over by one judge. Civil cases in the Summary Court are appealed to the District Court, while criminal cases are appealed to the High Court.

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