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Details of 2017 (Gyo-Tsu) 47 | Judgments of the Supreme Court
reapportionment of four seats among four constituencies conducted
under the revision to the Public Offices Election Act by Act No. 52 of
2006 (hereinafter referred to as the "2006 Revision"), the maximum
disparity between constituencies at the time of each ordinary election
held between 1995 and 2007 stayed around the level of 1:5.
Meanwhile, in 1979 (Gyo-Tsu) No. 65, judgment of the Grand Bench
of the Supreme Court of April 27, 1983, Minshu Vol. 37, No. 3, at 345
(hereinafter referred to as the "1983 Grand Bench Judgment"), the
Grand Bench of this court presented a basic framework for
determining the constitutionality of the provisions on the
apportionment of seats, which will be discussed later in Section 3(1)
below, and thereafter, with regard to the 1992 Election, the Grand
Bench of this court held that extreme inequality had existed in the
value of votes to such an extent a question of unconstitutionality
could be raised (1994 (Gyo-Tsu) No. 59, judgment of the Grand Bench
of the Supreme Court of September 11, 1996, Minshu Vol. 50, No. 8,
at 2283). However, with regard to the two ordinary elections held
under the provisions of the apportionment of seats after the 1994
Revision, the Grand Bench of this court held that the maximum
disparity between constituencies could not be held to have reached
such a level of inequality (1997 (Gyo-Tsu) No. 104, judgment of the
Grand Bench of the Supreme Court of September 2, 1998, Minshu Vol.
52, No. 6, at 1373, 1999 (Gyo-Tsu) No. 241, judgment of the Grand
Bench of the Supreme Court of September 6, 2000, Minshu Vol. 54,
No. 7, at 1997). Subsequently, with regard to the two ordinary
elections held under the provisions of the apportionment of seats
after the 2000 Revision as well as the ordinary election held in 2007
under the provisions on the apportionment of seats after the 2006
Revision, the Grand Bench of this court made a determination in its
conclusion, that the respective provisions on the apportionment of
seats could not be held to have been unconstitutional, without
making a clear holding as to whether or not the disparity had reached
the abovementioned level of inequality (2003 (Gyo-Tsu) No. 24,
judgment of the Grand Bench of the Supreme Court of January 14,
2004, Minshu Vol. 58, No. 1, at 56, 2005 (Gyo-Tsu) No. 247, judgment
of the Grand Bench of the Supreme Court of October 4, 2006, Minshu
Vol. 60, No. 8, at 2696, 2008 (Gyo-Tsu) No. 209, judgment of the
Grand Bench of the Supreme Court of September 30, 2009, Minshu
Vol. 63, No. 7, at 1520). However, in the above-cited judgment of
October 4, 2006, the Grand Bench of this court pointed out that,
taking into consideration the importance of equality in the value of
votes, the Diet should make a constant effort to correct the inequality
in the value of votes, and in the above-cited judgment of September
30, 2009, it also pointed out that, as the disparity at that time
indicated that great inequality in the value of votes still existed,
efforts should be made to reduce the disparity in the value of votes
between constituencies, and in order to do so, it is necessary to
reform the current mechanism of the election system itself. As seen
from the above, with the maximum disparity between constituencies
always remaining around 1:5, the Grand Bench of this court has
started to take a stricter stance in substance toward disparity
situations in terms of the value of votes.
(3) In regard to the ordinary election held on July 11, 2010, with the
maximum disparity between constituencies having reached a level of
1:5.00 (this election is hereinafter referred to as the "2010 Election"),
in 2011 (Gyo-Tsu) No. 51, judgment of the Grand Bench of the
Supreme Court of October 17, 2012, Minshu Vol. 66, No. 10, at 3357
(hereinafter referred to as the "2012 Grand Bench Judgment"), the
Grand Bench of this court concluded that the provisions on the
apportionment of seats could not be held to have been
unconstitutional at the time of the 2010 Election. However, in view of
the changes in the circumstances surrounding the system and society
over a long period of time, the Grand Bench of this court pointed out
that the requirement of equality in the value of votes should not be
taken any more lightly simply because the election in question is for
members of the House of Councillors, and that the fact that each
prefecture can be defined as a political unit and other facts that are
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