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6/25/2020 Details of 2001 (Gyo-Tsu) 82 | Judgments of the Supreme Court Justice IMAI Isao Justice NAKAGAWA Ryoji Justice HORIGOME Yukio 2001(Gyo-Tsu)83 2001(Gyo-Hi)76 2001(Gyo-Hi)77 (This translation is provisional and subject to revision.) About the Supreme Court   Access to the Supreme Court  Organization Chart of the Supreme Court  Justices of the supreme court Judicial System in Japan Publications Judgments of the Supreme Court  Budgets Supreme Court Library  The Legal Training and Research Institute of Japan  Topics The Training and Research Institute for Court Oﬃcials Supreme Court of Japan 4-2 Hayabusa-cho, Chiyoda-ku, Tokyo 102-8651 JAPAN Phone: (81)-(0)3-3264-8111 Copyright © Supreme Court of Japan. All rights reserved. https://www.courts.go.jp/app/hanrei_en/detail?id=1264 21/21

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2001 (Gyo Tsu) 82 Judgments of the Supreme Court

Judgment

Alleged Acts: Citizens filed suit alleging that they lacked an address in Japan and were residing outside of the municipality at the time of the election. Because of their status they were deprived of the right to vote.

Summary: The court stated that it was a legislative necessity to establish a voting procedure for citizens without an address in Japan to vote. First, a bill was introduced in 1984 which would expanding global diplomatic centers to permit Japanese citizen to vote in the countries where they were currently living. In October 20, 1996 the a bill was intended to be fully executed to enable these citizens to vote. The court found no mechanism to do so and stated that these citizens were unconstitutionally deprived of the right to vote. Even though the individuals resided outside of the jurisdiction, they still had the right to vote so long as they remained Japanese citizens.

Conclusion: The court order that the state pay 5,000 yen to each eligible citizen for the mental distress from being unable to vote in the election process.

Legal Issue(s)

Accessibility
Elections as a Fundamental Right

Region: Asia-Pacific

Country: Japan

Language of Decision

English

Court: Supreme Court

Election Type: Review of law

Date of decision: Sep 14, 2001

Geolocation

Latitude: 35.73293063

Longitude: 139.7553762

: Geolocation

Primary Documents

2001 (Gyo-Tsu) 82 _ Judgments of the Supreme Court.pdf
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Election Judgments - IFES

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2001 (Gyo Tsu) 82 Judgments of the Supreme Court

Primary Documents

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