6/25/2020
Details of 2001 (Gyo-Tsu) 233 | Judgments of the Supreme Court
representation system is below the number provided in Article 93(1)
(i), the person shall be subject to the provisions of these paragraphs
as if he/she were not included in the House of Representatives
Candidate List.
(Concerning 1)
Article 14(1) of the Constitution
All of the people are equal under the law and there shall be no
discrimination in political, economic or social relations because of
race, creed, sex, social status or family origin.
Article 44 of the Constitution
The qualifications of members of both Houses and their electors shall
be fixed by law. However, there shall be no discrimination because of
race, creed, sex, social status, family origin, education, property or
income.
Article 87 of the Public Offices Election Law
1. A person who has become a candidate for public office in an
election shall not become a candidate for public office in another
election at the same time.
2. A candidate reported by a political party or group for an election of
members of the House of Representatives under the single-seat
constituency system shall not be a candidate reported by another
political party of group for the election at the same time.
3. A political party that has reported a candidate for an election of
members of the House of Representatives under the single-seat
constituency shall not report another candidate in the same
constituency.
4. A person on a House of Representatives Candidate List for public
office shall not be on another House of Representatives Candidate
List for public office.
5. A political party or group that has submitted a House of
Representatives Candidate List for an election of members of the
House of Representatives under the proportional representation
system shall not submit another House of Representatives Candidate
List in the same constituency.
6. The provisions of the preceding two paragraphs shall apply mutatis
mutandis to an election of members of the House of Councillors
under the proportional representation system. In this case, in
Paragraph 4, "House of Representatives Candidate List" shall read
"House of Councillors Candidate List," and "persons on a House of
Representatives Candidate List" shall read "persons on a House of
Councillors Candidate List," and in Paragraph 5, "political party or
group that has submitted a House of Representatives Candidate List"
shall read "political party or group that has submitted a House of
Councillors Candidate List," "in the same constituency" shall be
omitted, and "House of Representatives Candidate List" shall read
"House of Councillors Candidate List."
(Concerning 2)
Article 46(2) of the Public Offices Election Law
When casting a vote in an election of members of the House of
Representatives under the proportional representation system, a
voter shall write, in his/her own hand on a voting slip at the voting
place, the name or abbreviated name of one of the political parties or
groups that have submitted a House of Representatives Candidate
List (political parties or other political groups that have submitted a
House of Representatives Candidate List in accordance with Article
86-2(1); hereinafter the same), based on the list submitted in
accordance with the said paragraph.
Main text of the judgment (decision)
Reasons
The jokoku appeal shall be dismissed.
The jokoku appellants shall bear the whole cost of the lawsuit.
Concerning the grounds for the jokoku appeal argued by the attorneys
for jokoku appeal MORI Toru, YAMAGUCHI Kuniaki, DOGAMA
Koretsugu, OKUDA Tamotsu, and AKABANE Kenya
https://www.courts.go.jp/app/hanrei_en/detail?id=569
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