Overshadowed by the Aug. 30 Lower House election was the national electoral review of Supreme Court justices held the same day. The review deserves a higher profile. The top court should give information about the justices and their opinions in court rulings more frequently and in a manner easily accessible to voters.
The review system is based on a provision in Article 79 of the Constitution, which states that the appointment of Supreme Court justices shall be reviewed by the people at the first Lower House election after their appointment, at the first such election after a lapse of 10 years, and in the same manner each 10 years thereafter.
The ballot sheet lists the names of Supreme Court justices whose appointments are being reviewed. Voters who want to dismiss them must mark "X" before their names. A blank space means that voters endorse the appointment — similar to the balloting system used in elections in the Soviet Union. Some people say the approval method is too passive; they suggest changing the system to require voters who approve of justice appointments to mark "O" before their names.
In the review held Aug. 30, Supreme Court Chief Justice Hironobu Takesaki and eight other top court justices were nixed by only 6 to 7 percent of voters. The review was the 21st since the establishment of the postwar Supreme Court. So far, the appointments of 157 justices have been reviewed and not one has ever been dismissed by the voters.
The highest disapproval rate so far — 15.2 percent — was entered in 1972 against Takeso Shimoda, the late former diplomat and the only justice who supported a provision for heavier punishment for parricide.
The law stipulates that voting for the review cannot take place more than a week before the election, meaning some voters who voted early for the parliamentary election could not take part in the review of justices. Clearly the relevant law should be revised and the Supreme Court should make greater efforts to ensure that the review of justices functions effectively as part of the democratic process.
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