6/25/2020 Details of 2001 (Gyo-Tsu) 82 | Judgments of the Supreme Court system, an election campaign targeting votes to be cast by voters listed only on the overseas electoral register (excluding those as provided by Cabinet Order under Article 49-2(1))" in Article 194(1), Article 195, and Article 247. Article 4 of the Administrative Case Litigation Law (Party suit) In this law, a "party suit" shall refer to a suit concerning a disposition or decision to declare or create legal relations between the parties, which is brought against either party, a suit to seek declaration on legal relations under public law, or other suits concerning legal relations under public law. Article 1(1) of the Law Concerning State Liability for Compensation When a governmental official who is in a position to exercise the public authority of the State or of a public body has, in the course of performing his duties, illegally caused damage to another person either intentionally or negligently, the State or the public body concerned shall be liable to compensate such damage. Article 41 of the Constitution The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State. 1. The judgment of the second instance shall be changed as follows. The judgment of the first instance shall be changed as follows. (1) Among the suits to seek declarations, suits to seek declaration of illegality of the Public Offices Election Law shall be dismissed on the ground of a deficiency of procedural requisites. (2) It is declared that the jokoku appellants indicated in the attached List of Parties 1 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 Main text of the judgment (decision) 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. (3) The jokoku appellee shall pay each jokoku appellant 5,000 yen and interest thereon at 5% per annum for the period from October 21, 1996, until the completion of payment. (4) The other claims made by the jokoku appellants shall be dismissed on the merits. 2. The whole costs of the lawsuit shall be divided into five parts, one part of which shall be borne by the jokoku appellants and the rest by the jokoku appellee. Reasons Concerning the grounds for jokoku appeal and grounds for the petition for accepting the jokoku appeal argued by the attorneys for jokoku appeal KITAMURA Youichi, et al. I. Outline of the case 1. This is a case in which the parties dispute whether or not it is appropriate to preclude Japanese citizens who reside abroad and have no address in any area of a municipality in Japan (hereinafter referred to as "Japanese citizens residing abroad") from exercising the whole or part of the right to vote in national elections (hereinafter, the system for allowing Japanese citizens residing abroad to exercise the right to vote in national elections shall be referred to as the "overseas voting system"). 2. Outline of the systems regarding the exercise of the right to vote of Japanese citizens residing abroad (1) For the purpose of allowing Japanese citizens residing abroad to exercise the right to vote, the overseas voting system was established by the partial amendment of the Public Offices Election Law by Law No. 47 of 1998 (hereinafter referred to as the "Amendment"). However, it was provided that, for the time being, the new system should be applicable only to elections of House of Representatives (HR) members under the proportional representation system and elections of House of Councillors (HC) members under the proportional representation system (Article 8 of the Supplementary https://www.courts.go.jp/app/hanrei_en/detail?id=1264 9/21