6/25/2020 Details of 1999 (Gyo-Tsu) 35 | Judgments of the Supreme Court effectively onto the administration of the country. On the other hand, taking into account the requirement of political stability, the system should be specifically designed in each country in accordance with the actual state of affairs in the respective country. Therefore, there is no single, invariable model for the election system. Our Constitution, concerning the system of the election of members of both houses of the Diet, for reasons mentioned above, within the limit that the members of the Diet should represent all the people, provides that the number of the members of the Diet, the constituencies, the method of voting and other matters related to election should be determined by law (Arts. 43 and 47), and leaves the actual decision on the scheme of the election system of the members of both houses to the broad discretion of the Diet. Since the Diet is empowered to decide which system of election is appropriate for achieving the goal of electing fair and effective representatives for both houses by its discretion, when the Diet has adopted a new system of election, it is unconstitutional only when the choice of the actual system is beyond the discretion of the Diet, even considering its broad discretionary power, because it exceeds the limits mentioned above, or it is against the requirement of equality under the law and therefore, against the requirements of the Constitution (Supreme Court, 1974 (Gyo-tsu) No.75, Judgment of the Grand Bench, April 14, 1976, Minshu 30-3223; Supreme Court, 1979 (Gyo-tsu) No.65, Judgment of the Grand Bench, April 27,1983, Minshu 37-3-345; Supreme Court, 1981 (Gyotsu) No.65, Judgment of the Grand Bench, November 7, 1983, Minshu 37-9-1243; Supreme Court, 1984 (Gyo-tsu) No.339, Judgment of the Grand Bench, July 17, 1985, Minshu 39-5-1100; Supreme Court, 1991 (Gyo-tsu) No.111, Judgment of the Grand Bench, January 20, 1993, Minshu 47-1-67; Supreme Court, 1994 (Gyo-tsu) No.59, Judgment of the Grand Bench, September 11, 1996 Minshu 50-8-2283; Supreme Court, 1997 (Gyo-tsu) No.104, Judgment of the Grand Bench, September 2, 1998, Minshu 52-6-1373). iii. Based upon the above, grounds for appeal are examined in the following: 1. As mentioned above, Article 13, paragraph 1 of the amended Law on Public Election provides that the number of members of the Diet to be elected in each small constituency in the election for House of Representatives members is to be one, in all constituencies, and thus adopted the system of small constituency. Provisions of this paragraph and the Attached List No.1 to this Law which, based upon the Law, provides specifics of the demarcation of the constituency boundaries (hereinafter, 'the Provisions on the Demarcation of Constituency Boundaries') were enacted in accordance with the plan of demarcation recommended by the Council on the Demarcation of Constituency Boundaries for the Election of the Members of the House of Representatives, which was established by the Law on the Establishment of the Council on the Demarcation of Constituency Boundaries for the Election of the Members of the House of Representatives (hereinafter, 'the Law on the Establishment of the Constituency Council') which was adopted simultaneously with the above-mentioned Law No.2 of 1994. Concerning the criteria by which the Council is to prepare the plan for the demarcation of the boundary, Art.3 of this Law, applied with a modification by virtue of Art.2, para.3 of the Supplementary Rules to the Law on the Constituency Council, provides that 'the balance of the numbers of the populations of each constituency should be considered, and the basic rule should be that the result of dividing the largest population number by the smallest population number is not two or more, and demarcation should be conducted in a reasonable way, by taking into account administrative divisions, geography, transportation and other circumstances in general'. In para.2, it is provided that 'the number of constituencies for members of the House of Representatives elected on the basis of the small constituency system in each prefecture, shall be determined as the number of members of the House of Representatives less the total number of prefectures and shall be allocated to each prefecture in proportion to the population number plus one'. The Council has prepared the plan of the demarcation of constituency boundaries in accordance with the above criteria. Thus, https://www.courts.go.jp/app/hanrei_en/detail?id=458 3/23