6/25/2020 Details of 1999 (Gyo-Tsu) 35 | Judgments of the Supreme Court of the Constitution, Articles 131, paragraph 1, 141, paragraphs 1,2 and 7, 141-2, paragraph 1, 142, paragraphs 1,2 and 9, 143, paragraphs 1 and 3, 144, paragraphs 1 and 4, 149, paragraph 1, 150, paragraphs 1 and 4, 151-5, 161, paragraph 1, 161-2 of the Law on Public Election Main text of the judgment (decision) Reasons The jokoku appeal shall be dismissed. The cost of appeal shall be borne by the jokoku appellant. On the ground of appeal by the jokoku appellant: I In accordance with the facts lawfully ascertained by the High Court, the 8th Council on the System of Election delivered a report in April 1990 on the system of the election of members of the House of Representatives, containing a proposal that since the then existing system of medium size constituencies had some problems, this needed to be fundamentally changed and the so-called parallel system of single constituency and proportional representation should be introduced. Also taking into account subsequent supplementary reports, a bill on the amendments to the Law on Public Election was prepared and submitted to the Diet by the Cabinet, and was discussed in the Diet. As a result, in January 1994, the Law on Partial Amendments to the Law on Public Election (Law No.2, 1994) was adopted. This Law was further amended by Laws No.10 and No.104 of the same year. Hereby, the system of election for members of the House of Representatives underwent a change from a medium-size constituency system with one vote for each voter to a parallel system of a small single constituency and the proportional representation system. The Law on Public Election after the amendments (hereinafter, 'the amended Law on Public Election'), set the number of the members of the House of Representatives at 500, of which 300 were elected from single constituencies and 200 by the proportional representation system (Art.4, para. 1), and provided for each respective election system. Concerning the general election, each voter was given one vote for members of the House of Representatives from the single constituency and another vote for the proportional representation system respectively, and the elections for both systems were to be held simultaneously (Arts. 31 and 36). For the election based upon the small constituency system (hereinafter, 'the small constituency election'), 300 constituencies are to be established nation-wide, and each constituency is to elect one member of the House (Art.13, para.1, attached table No.1). In the ballot paper, the voter is to write the name of one candidate (Art.46, para.1), and the candidate who receives the highest number of votes will win a seat (Art.95, para.1). Concerning the election of members of the House based upon proportional representation (hereinafter, 'the proportional representation election'), 11 constituencies are established nation-wide, and each constituency elects a predetermined number of members of the House (Art.13, para.2, attached table No.2). In the ballot paper, the name or an abbreviated appellation of a political party which has submitted its list of candidates for the House (Art.46, para.2) is to be entered, and in accordance with the number of votes each party has gained, the number of successful candidates is calculated, and those on the list (except for those who won a seat in the small constituency) which had been submitted in advance win a seat in the order they were entered on the list, up to the number of successful candidates of the given political party (Art.95-2, paras. 1-5). Accordingly, amendments were made in relation to the requirements concerning the candidacy, procedure, subjects and methods of the election campaign etc. The present case is a litigation on the validity of the election, based upon a claim that the provisions concerning the election system of the amended Law on Public Election are against the Constitution and null and void, and therefore, the small constituency election of the Constituency No.5 of Tokyo, held on October 20, 1996, based upon this system (hereinafter, 'the Election') was null and void. ii. The system of election under a representative democracy is aimed at reflecting the interests and opinions of the people fairly and https://www.courts.go.jp/app/hanrei_en/detail?id=458 2/23

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