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2001 (Gyo Tsu) 233 [Case to Seeking Nullification of the Election]

Judgment

Alleged Acts: The proportional representation system, as devised by the Diet, disallows particular candidates from participating in two simultaneous elections. In order for a individual to just as a candidate in two election they must belong to a political party that satisfies certain requirements.

Procedural history: The plaintiffs seek nullification of the election of members under the proportional representation system.

Summary: The court determined that the policy of permitted only certain candidates to run as dual candidates is a party-oriented system rather than a policy-oriented system. Thus, it is fully within the Diet’s discretion to determine that the system should permit parties to pull the political will together and continuously engage in multiple elections. This cannot be said to be an action beyond the Diet’s discretion because it does not restrict the right to run or the right to vote unreasonably. As more persons are included in the candidate list the importance of a campaign increases and some exclusion of dual candidates is not unreasonable under those circumstances.

Conclusion: Therefore, the plaintiff’s request is denied and the election results stand.

Legal Issue(s)

Candidate Registration

Region: Asia-Pacific

Country: Japan

Language of Decision

English

Court: Supreme Court

Election Type: Review of law

Date of decision: Dec 18, 2001

Geolocation

Latitude: 35.73293063

Longitude: 139.7553762

: Geolocation

Primary Documents

2001 (Gyo-Tsu) 233 _ Judgments of the Supreme Court.pdf
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Election Judgments - IFES

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2001 (Gyo Tsu) 233 [Case to Seeking Nullification of the Election]

Primary Documents

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