6/25/2020 Details of 2001 (Gyo-Tsu) 82 | Judgments of the Supreme Court Diet...do proclaim that sovereign power resides with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people." Following this, the Constitution clearly states that the right to choose public officials is an inalienable right of the people, by providing that "The people have the inalienable right to choose their public officials and to dismiss them" (Article 15(1)) and "Universal adult suffrage is guaranteed with regard to the election of public officials" (Article 15(3)). The Constitution further provides that the Diet shall consist of the House of Representatives and the House of Councillors (Article 42), both Houses shall consist of elected members, representative of all the people (Article 43(1)), and the number of the members of each House, the qualifications of members of both Houses and their electors, electoral districts, and method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law (Articles 43(2), 44, and 47). Thus, the Constitution basically leaves it to the Diet's discretion to decide the specific mechanism of the election system applicable to members of each House. In fixing the qualifications of Diet members and electors, however, the Constitution clearly prohibits discrimination because of race, creed, sex, social status, family origin, education, property or income (proviso of Article 44). When the Diet decides the specific mechanism of the election system applicable to members of each House, it must ensure such elections are held in an open, fair and appropriate manner that reflects the free will of every Japanese citizen and without any confusion, by giving due consideration to matters necessary to implement fair and, equitable elections and avoid any disruption. Although it is needless to say that Japanese citizens who reside in countries or regions where Japan cannot exercise its sovereignty (each of such countries and regions has a different situation) and who have no address in any area of a municipality in Japan (i.e., Japanese citizens residing abroad; there are also various types of Japanese citizens residing abroad, including those who have dual nationality and those who have the status of permanent resident abroad) have the right to vote as long as they have Japanese nationality, when allowing Japanese citizens residing abroad to exercise the right to vote in an election held in Japan, more social and technical difficulties may occur than in the case of Japanese citizens residing in Japan. Therefore, what kind of voting system is suitable for such Japanese citizens residing abroad to ensure fair, equal, and peaceful elections is also an issue that the Diet should duly consider and it is also left to the Diet's discretion. In other words, it is the Diet's duty to make choices and decisions on various matters relating to the mechanism of the election system to implement fair, equal, and peaceful elections in which voters' free will can be reflected in a fair and appropriate manner. Such matters relate to how to design the mechanism of the election system applicable to members of each House, and include: what election system should be adopted from the nationwide constituency, multiple-seat constituency, single-seat constituency, or proportional representation, or combination thereof; how to form such combination; electoral zoning; the total number of seats of each House and the apportionment of seats to electoral districts; the mechanism of the electoral register system; voting methods; how to carry out electoral campaigns (how to publicize political views of individual candidates among voters). Furthermore, what kind of voting system is suitable, in connection with the mechanism of the election system adopted by the Diet and amid various social and technical difficulties, for Japanese citizens residing in countries or regions where Japan cannot exercise its sovereignty to ensure fair, equal, and peaceful elections is an issue on which the Diet should make determination, choice, and decision, and it is also left to the Diet's discretion (this does not apply to the case where the Diet restricts citizens residing in Japan under the sovereignty of Japan from exercising the right to vote. We are in agreement with the following majority opinion: it is unallowable in https://www.courts.go.jp/app/hanrei_en/detail?id=1264 17/21