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Details of 2017 (Gyo-Tsu) 47 | Judgments of the Supreme Court
opinions remained varied among the parliamentary factions.
Consequently, a report including proposals from the parliamentary
factions was submitted to the President of the House of Councillors
on December 26, 2014.
(6) While these discussions continued, with regard to the 2013
Election, in 2014 (Gyo-Tsu) No. 155, No. 156 judgment of the Grand
Bench of the Supreme Court of November 26, 2014, Minshu Vol. 68,
No. 9, at 1363 (hereinafter referred to as the "2014 Grand Bench
Judgment"), it was held, in line with the 2012 Grand Bench Judgment,
that the abovementioned reapportionment of four seats under the
2012 Revision Act had only resulted in reapportioning seats among
some constituencies while maintaining the mechanism of the election
system designed to use a prefecture as a unit of constituency, and
because, in fact, the maximum disparity between constituencies had
stayed at around 1:5 throughout the period before and after said
revision, said reapportionment of seats should inevitably be held to be
insufficient to correct the extreme inequality that existed in the value
of votes to such an extent that it could raise a question of
unconstitutionality, and therefore it should be concluded that even
after the abovementioned reapportionment of seats had been
conducted under the 2012 Revision Act, the disparity between
constituencies in terms of the value of votes had indicated the
existence of extreme inequality to such an extent that it could raise a
question of unconstitutionality. It was also pointed out that it is
necessary for the Diet to take constant steps to discuss and build a
consensus for a specific proposal for reform, such as making a
reasonable change to the current system of setting the number of
seats for each prefecture-based constituency, and further take
legislative measures to reform the current mechanism of the election
system itself as soon as possible, so that the abovementioned level of
inequality will be corrected.
(7) Upon receiving the report in (5) above, the Study Committee on
the Election System Reform discussed the proposals but could not
reach a common conclusion among the parliamentary factions.
Therefore, on May 29, 2015, it was decided that each parliamentary
faction was to draft a bill. After discussions at each parliamentary
faction, the revision proposals of the parliamentary factions were
largely consolidated into two proposals: Proposal [i] for the
reapportionment of ten seats including merger of four prefectures
into two constituencies, which would introduce mergers of lesspopulated constituencies; and Proposal [ii] for the reapportionment of
twelve seats by merging twenty prefectures into ten constituencies.
On July 23, 2015, two bills to partially revise the Public Offices
Election Act that contained the abovementioned proposals,
respectively, were submitted to the Diet. With regard to the
demarcation of constituencies and the number of members to be
elected in each constituency, the bill pertaining to Proposal [i] above
proposed to merge Tottori Prefecture and Shimane Prefecture into
one constituency with two seats, and merge Tokushima Prefecture
and Kochi Prefecture into one constituency with two seats, while
reducing two seats each from three constituencies and adding two
seats each to five constituencies. The provision of Article 7 of the
supplementary provisions of the bill stated that, in light of the House
of Councillorsʼ way of being and taking into consideration correction
of the disparity between constituencies in terms of the population per
member, etc., review will be made continuously, definitely working
toward a conclusion on the fundamental reform of the election
system in preparation for an ordinary election scheduled in 2019.
The bill pertaining to the Proposal [i] above to partially revise the
Public Offices Election Act was enacted on July 28, 2015 (Act No. 60
of 2015; hereinafter referred to as the "2015 Revision Act"), and then
put into effect on November 5, 2015 (hereinafter the provisions on the
apportionment of seats after the revision by the 2015 Revision Act are
referred to as the "Provisions on Apportionment of Seats"). As a
result of the revision to the Public Offices Election Act by the 2015
Revision Act (hereinafter referred to as the “2015 Revision”), the
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