6/25/2020 Details of 2001 (Gyo-Tsu) 82 | Judgments of the Supreme Court Representatives or regular election of members of the House of Councillors to be held after this judgment is handed down, be in violation of Article 15(1) and (3), Article 43(1), and the proviso of Article 44 of the Constitution. 3. A suit to seek declaration that Japanese citizens who are residing abroad and have no address in any area of a municipality in Japan are eligible to vote in an election of members under the single-seat constituency system in the next general election of members of the House of Representatives and in an election of members under the constituency system in the next regular election of members of the House of Councillors on the grounds that they are listed on the overseas electoral register, is a legal suit to seek declaration on legal relations under public law. 4. Japanese citizens who are residing abroad and have no address in any area of a municipality in Japan are eligible to vote in an election of members under the single-seat constituency system in the next general election of members of the House of Representatives and in an election of members under the constituency system in the next regular election of members of the House of Councillors on the grounds that they are listed on the overseas electoral register. 5. In cases where it is obvious that the contents of legislation or legislative omission illegally violate citizens' constitutional rights or where it is absolutely necessary to take legislative measures to assure the opportunity for citizens to exercise constitutional rights and such necessity is obvious, but the Diet has failed to take such measures for a long time without justifiable reasons, the legislative act or legislative omission by Diet members should exceptionally be deemed to be illegal for the purpose of Article 1(1) of the Law Concerning State Liability for Compensation. 6. Given the facts that despite the absolute necessity to take legislative measures to establish a system for allowing Japanese citizens who were residing abroad and had no address in any area of a municipality in Japan to exercise the right to vote in national elections in order to assure the opportunity for such Japanese citizens to exercise the right to vote, for more than ten years from when the bill to enable such Japanese citizens to vote in national elections was abandoned until the general election for members of the House of Representatives was held on October 20, 1996, and no legislative measures were taken to enable such voting, such legislative omission should be deemed to be illegal for the purpose of Article 1(1) of the Law Concerning State Liability for Compensation, and the State shall pay such Japanese citizens 5,000 yen as compensation for nonpecuniary damage in order to compensate mental distress suffered by them from being unable to exercise the right to vote in the election. (There are dissenting opinions and a concurring opinion concerning 1, 2 and 4 to 6.) References (Concerning 1, 2 and 4) Article 15(1) and (3), Article 43(1), and Article 44 of the Constitution (Concerning 1 and 6) Article 21(1) of the Public Offices Election Law (before amendment by Law No. 62 of 2000), Article 42 of the Public Offices Election Law (before amendment by Law No. 47 of 1998), and Article 15(1) of the Basic Resident Register Law (Concerning 2 to 4) Article 42, Chapter 4-2 (Overseas Electoral Register), and Article 49-2 of the Public Offices Election Law, and Article 8 of the Supplementary Provisions for the Public Offices Election Law (Concerning 3) Article 4 of the Administrative Case Litigation Law (Concerning 5 and 6) Article 1(1) of the Law Concerning State Liability for Compensation, and Article 41 of the Constitution Article 15(1) and (3) of the Constitution 1. The people have the inalienable right to choose their public officials and to dismiss them. 3. Universal adult suffrage is guaranteed with regard to the election of public officials. https://www.courts.go.jp/app/hanrei_en/detail?id=1264 2/21

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