6/25/2020
Details of 2001 (Gyo-Tsu) 82 | Judgments of the Supreme Court
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2001 (Gyo-Tsu) 82
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Date of the judgment (decision)
2005.09.14
Case Number
2001 (Gyo-Tsu) 82
Reporter
Minshu Vol. 59, No. 7
Judgment concerning whether or not the Public Offices Election Law
(before amendment by Law No. 47 of 1998) was in violation of Article
15(1) and (3), Article 43(1), and the proviso of Article 44 of the
Title
Constitution for the reason that it completely precluded Japanese
citizens residing abroad from voting in national elections at the time
of the general election of members of the House of Representatives
held on October 20, 1996
Case name
Result
Court of the Prior Instance
Summary of the judgment (decision)
Case to seek declaration of illegality of deprivation of the right to vote
of Japanese citizens residing abroad
Judgment of the Grand Bench, partially dismissed on the merits,
partially quashed and decided by the Supreme Court
Tokyo High Court, Judgment of November 8, 2000
1. The Public Offices Election Law (before amendment by Law No. 47
of 1998) was in violation of Article 15(1) and (3), Article 43(1), and the
proviso of Article 44 of the Constitution for the reason that it
completely precluded Japanese citizens who were residing abroad
and had no address in any area of a municipality in Japan from voting
in national elections at the time of the general election of members of
the House of Representatives held on October 20, 1996.
2. The part of the provision of Article 8 of the Supplementary
Provisions of the Public Offices Election Law that limits, for the time
being, the applicability of the system for allowing Japanese citizens
who were residing abroad and had no address in any area of a
municipality in Japan to vote in national elections of Diet members
under the proportional representation system will, at least at the time
of the first general election of members of the House of
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