6/25/2020
Details of 2001 (Gyo-Tsu) 233 | Judgments of the Supreme Court
87 of the Public Offices Election Law; (Concerning 2) Article 46(2), of
the Public Offices Election Law
(Concerning 1 and 2)
Article 15(1) and (3) of the Constitution
1. The people have the inalienable right to choose their public
officials and to dismiss them.
3. Universal adult suffrage is guaranteed with regard to the election of
public officials.
Article 43(1) of the Constitution
Both Houses shall consist of elected members, representatives of all
the people.
Article 86-2 of the Public Offices Election Law
1. For an election of members of the House of Representatives under
the proportional representation, a political party or group falling under
any of the following paragraphs may submit a document that states
the party's or group's name (including one of its abbreviated names)
and the names of the persons who belong to the party or group as
well as the ranking for being chosen as successful candidates from
such persons (this document shall hereinafter be referred to as the
"House of Representatives Candidate List") to the Chief Electoral
Official, thereby designating the persons on the House of
Representatives Candidate List as candidates for the election.
(1) A political party or group that has five or more members in the
House of Representatives or the House of Councillors;
(2) A political party or group that won 2% or more of all valid votes in
an election of members under the single-seat constituency system or
election of members under the proportional representation system in
the most recent general election of members of the House of
Representatives, or in an election of members under the proportional
representation system or election of members under the constituency
system in the most recent regular election of members of the House
of Councillors;
(3) A political party or group in which the number of persons on the
House of Councillors Candidate List who become candidates based
on the list submitted in accordance with this paragraph for the
election is not less than 20% of the number of seats apportioned to
the constituency concerned.
2. The list mentioned in the preceding paragraph shall be submitted,
not by postal mail, on the date of official announcement of the
election, with the following documents attached thereto. However,
where a political party or group that has notified its name submits the
list under the said paragraph, it may omit to attach documents set
forth in Subparagraph 2 or 3 as provided by Cabinet Order.
(1) Documents stating the name of the political party or group, the
address of its head office, and the name, registered address, date of
birth, and occupation of its representative and such information of the
persons on its House of Representative Candidate List, and other
matters as provided by Cabinet Order.
(2) Documents stating the platform, regulation, and constitution of
the political party or group and other matters similar thereto.
(3) Documents as provided by Cabinet Order to certify that the
documents submitted fall under the scope of documents provided in
any of the preceding paragraphs.
(4) Written oath by which the representative of the political party or
group swears that the list submitted is not in violation of Article 87(5).
(5) Written consent of each person on the House of Representatives
Candidate List to become a candidate, and written oath by which
each person on the House of Representatives Candidate List swears
that he/she is not such person as disqualified under Article 86-8(1) or
Article 87(1) or (4).
(6) Documents stating the name of the organ in the political party or
group that is authorized to select persons on the House of
Representatives Candidate List and decide the ranking for being
chosen as successful candidates from such persons (hereinafter
simply referred to as "selection of persons on the House of
Representatives Candidate List"), the method of electing the
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