| Japan: Integrity Scorecard Report > Sub-Category: Judicial Accountability | ||
| Indicators | Score | |
| 33 | Are judges appointed fairly? | 100 |
| 34 | Can members of the judiciary be held accountable for their actions? | 96 |
| 35 | Are there regulations governing conflicts of interest for the national-level judiciary? | 14 |
| 36 | Can citizens access the asset disclosure records of members of the national-level judiciary? | 0 |
Indicator and sub-Indicator Details
| 33 | Are judges appointed fairly? | |||||||
| 33a: In law, there is a transparent procedure for selecting national-level judges. | ||||||||
|
||||||||
|
Comments: Chief judge of Supreme Court is appointed by the Emperor based upon designation by the Cabinet, while other judges (currently 13) are appointed by the Cabinet. References: Article 79 of the Constitution. "The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Cabinet. The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten (10) years, and in the same manner thereafter. In cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed. Matters pertaining to review shall be prescribed by law. The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law. All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office."
|
||||||||
| 33b: In practice, there are certain professional criteria required for the selection of national-level judges. | ||||||||
|
||||||||
|
Comments: Except for a few of the appointed judges of Supreme Court, who may be a lawyer (four), prosecutor (two), ex-high official, ex-ambassador or scholar (all combined, one), all judges have to pass a very competitive national bar examination. References: Academic, policy or professional studies. Japan NIS. [ LINK ]
|
||||||||
| 33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body). | ||||||||
|
||||||||
|
Comments: Although Supreme Court judges are reviewed by the voters, no judges have been recalled by this process as the people are unconcerned about judges. References: Article 79 of the Constitution. "The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Cabinet. The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten (10) years, and in the same manner thereafter. In cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed. Matters pertaining to review shall be prescribed by law. The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law. All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office."
|
||||||||
| 34 | Can members of the judiciary be held accountable for their actions? | |||||||
| 34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions. | ||||||||
|
||||||||
|
Comments: References: Article 82 of the Constitution. "Trials shall be conducted and judgment declared publicly. Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly."
|
||||||||
| 34b: In practice, members of the national-level judiciary give reasons for their decisions. | ||||||||
|
||||||||
|
Comments: Though judiciary always give reasons for their decisions, they seldom make unconstitutionality decisions. The most important decision they made was apportionment of MPs. However, the government has not taken action. References: Academic, policy or professional studies. Japan NIS. [ LINK ] Article 335 of the Criminal Procedure Law of 1948. Article 253 of the Civil Procedure Law of 1996.
|
||||||||
| 34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system. | ||||||||
|
||||||||
|
Comments: There is a law to impeach judges and to open the Court of Impeachment, consisting of 14 MPs. However, the court has been opened only for seven cases, of which three judges later recovered their qualification. References: [ LINK ]
|
||||||||
| 34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference. | ||||||||
|
||||||||
|
Comments: As judges do not make serious decisions of unconstitutionality, all of the past seven cases are judges' personal misconduct. References: Chapter XVI. Impeachment Court of the Diet Law. Article 125. Impeachment of a judge shall be heard by the Impeachment Court which is composed of members elected in equal number in each House from among its Members. The President of the Impeachment Court shall be elected by the members of the Court from among themselves. Article 126. Removal proceedings against a judge shall be instituted by the Indictment Committee which is composed of members elected in equal number in each House from among its Members. The Chairman of the Indictment Committee shall be elected by its members from among themselves. Article 127. A Member of the Impeachment Court may not become concurrently a member of the Indictment Committee. Article 128. When the members of the Impeachment Court or of the Indictment Committee are elected in each House, their reserves shall also be elected. Article 129. Matters relating to the Impeachment Court and the Indictment Committee other than those provided for in this Law shall be prescribed by a separate law. Impeachment of judges Law.
|
||||||||
| 34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations. | ||||||||
|
||||||||
|
Comments: As Impeachment Court of the Diet Law describes, impeachment court has been orderly opened when impeachment committee consisting of 20 MPs requested. References: Media reports. Academic, policy or professional studies. [ LINK ] [ LINK ]
|
||||||||
| 34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders. | ||||||||
|
||||||||
|
Comments: As Chapter XVI of the Impeachment Court of the Diet Law describes, impeachment court has dismissed when they found him guilty. There have been seven cases in the past, of which five cases proved guilty, and later two judges were readmitted. There has been no impeachment with political intention. References: Media reports. Government studies. [ LINK ] [ LINK ]
|
||||||||
| 35 | Are there regulations governing conflicts of interest for the national-level judiciary? | |||||||
| 35a: In law, members of the national-level judiciary are required to file an asset disclosure form. | ||||||||
|
||||||||
|
Comments: Judges are not subject to the National Public Service Act nor of the National Public Service Ethics Law, but to the Judges Status Law, which does not require judges to disclose their personal assets. Judges are, however, regarded as the cleanest among public officers. References: Japan NIS
|
||||||||
| 35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary. | ||||||||
|
||||||||
|
Comments: Although it looks peculiar that there is no specific law, order, or ordinance to govern gifts or hospitality to judges while other public officials are subject to the national Public Servant Ethics Act, judges have been and still are regarded as the cleanest public officials. References: [ LINK ]
Peer Review Comments: Most of the Japanese people don't know this, including me.
|
||||||||
| 35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary. | ||||||||
|
||||||||
|
Comments: References: As there is no law to order judges to file their assets, there is no audit requirement. Although answer is no, judges are regarded as the cleanest among public officers.
|
||||||||
| 35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government. | ||||||||
|
||||||||
|
Comments: Judges are free to enter into the private sector, but there has been no scandal reported. In fact, judges are regarded as least flexible and useful to work in private sector. Although answer is no, judges are regarded as the cleanest among public officers. References: saibankan bungenhou (Judges Status Law) [ LINK ]
|
||||||||
| 35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective. | ||||||||
|
||||||||
|
Comments: References: There is no regulation, but judges are regarded as the cleanest among public officers. In fact judges are regarded as least flexible and useful to work in private sector. Many judges become notary public after retirement.
|
||||||||
| 35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective. | ||||||||
|
||||||||
|
Comments: References: There is no regulation, but judges are regarded as the cleanest among public officers.
|
||||||||
| 35g: In practice, national-level judiciary asset disclosures are audited. | ||||||||
|
||||||||
|
Comments: References: There is no law to order judges to file their assets, and there is no audit requirement. However, judges are regarded as the cleanest among public officers.
|
||||||||
| 36 | Can citizens access the asset disclosure records of members of the national-level judiciary? | |||||||
| 36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary. | ||||||||
|
||||||||
|
Comments: Judges are regarded as the cleanest among public officers therefore citizens are not interested. References: There is no law to order judges to file their assets, so citizens have no way to access judges asset records.
|
||||||||
| 36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period. | ||||||||
|
||||||||
|
Comments: Although answer is no, judges are regarded as the cleanest among public officers, therefore citizens are not interested. References: There is no law to order judges to file their assets, so citizens have no way to access judges' asset records.
|
||||||||
| 36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost. | ||||||||
|
||||||||
|
Comments: Although answer is no, judges are regarded as the cleanest among public officers, therefore citizens are not interested. References: There is no law to order judges to file their assets, so citizens have no way to access judges' asset records.
|
||||||||
