The Supreme Court of Japan ( 最高裁判所 , Saikō-Saibansho , called 最高裁 Saikō-Sai for short) , located in Hayabusachō , Chiyoda , Tokyo , is the highest court in Japan . It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law. It has the power of judicial review , which allows it to determine the constitutionality of any law or official act.
64-517: Emperor Suzaku ( 朱雀天皇 ( すざくてんのう ) , Suzaku- tennō , September 7, 921 – September 6, 952) was the 61st emperor of Japan , according to the traditional order of succession . Suzaku's reign spanned the years from 930 through 946 . Before he ascended the Chrysanthemum Throne , his personal name ( imina ) was Hiroakira -shinnō . He was also known as Yutaakira -shinnō ( 寛明親王 ( ゆたあきらしんのう ) ) . Hiroakira -shinnō
128-712: A deity ). Following Japan's surrender, the Allies issued the Shinto Directive separating church and state within Japan. In 1946, Emperor Shōwa was forced to proclaim the Humanity Declaration , but the declaration excludes the word arahitogami ( 現人神 ) , including the unusual word akitsumikami ( 現御神 , living god) instead. As such, some experts doubt whether his divinity was renounced. Jean Herbert said it would be inadmissible to deny his divine origin. Emperor Shōwa
192-613: A quorum . Associate Justices of the Supreme Court are both selected and appointed by the Cabinet of Japan , but the Chief Justice differs in being appointed by the Emperor of Japan . Justices are required to be over the age of 40 and possess an extensive knowledge of the law. Unlike in other countries, Supreme Court judges in Japan are subject to retention elections , held concurrently with
256-582: A ceremonial head of state without even nominal political powers. For example, the emperor is the head of the Japanese honors system , conferring orders, decorations, medals, and awards in the name of the state and on behalf of its people in accordance with the advice of the Cabinet. Since the mid-nineteenth century, the emperor and other members of the imperial family have resided at the Imperial Palace , located on
320-466: A conservative leadership promoting like-minded judges that less likely to make significant decisions. A historical perspective argues that the early judges were influenced by a Meiji Constitution and German jurisprudence tradition that did not allow striking down unconstitutional legislation, and that over time this expectation resulted in a reluctance to act in politically sensitive cases to maintain judicial independence. One more favorable explanation
384-513: A defected Kamakura general. The short three-year period during which the power was directly in the hand of the emperor is called the Kenmu Restoration . The direct ruling of the emperor proved however inefficient and ultimately failed, with Takauji grabbing political power for himself. In July 1853, Commodore Perry 's Black Ships of the US Navy made their first visit to Edo Bay . Japan lacked
448-528: A direct descendant of Amaterasu and of utmost importance in the Shinto religion and sentimental traditions. Thus no shogun tried to usurp the emperor, instead they tried to keep the emperor under control and away from politics. However, the emperor still had the power to "control time" via the Japanese Nengō which names eras on calendars after emperors. Supreme Court of Japan The modern Supreme Court
512-838: A legal organization associated with left-wing ideological leanings. This "Miyamoto Affair" resulted in significant media coverage and protest by other judges. Since then, no judge has failed to be reappointed. Ultimately, the court was reshaped during the 1960s and 1970s to become more conservative, with more representation among the justices from lifetime government employees, which resulted in decisions that tended to limit free expression and public demonstration. Naruhito [REDACTED] Fumihito [REDACTED] Shigeru Ishiba ( LDP ) Second Ishiba Cabinet ( LDP – Komeito coalition ) [REDACTED] [REDACTED] Fukushiro Nukaga Kōichirō Genba [REDACTED] Masakazu Sekiguchi Hiroyuki Nagahama Saburo Tokura Kazuo Ueda Article 81 of
576-459: A minister in order to take effect, thus passing political responsibility to the minister. By contrast, Japan is one of only two such sovereign states where the monarch is not even the nominal chief executive; the other is Sweden . Rather, Article 65 of the Constitution of Japan explicitly vests executive authority in the Cabinet , of which the prime minister is the leader. The emperor
640-663: A period of six decades, during which the German Federal Constitutional Court struck down over 600, the United States Supreme Court over 900, and the Indian Supreme Court over 2600. Furthermore, in at least one case where a constitutional violation was found, regarding election district apportionment, the court has been unable to achieve compliance with its ruling. Observers have proposed several possible reasons for this. One critical view
704-629: A regular Conference of the Justices in the Supreme Court and implemented by the Administration Bureau of the Supreme Court. The Chief Justice of the Supreme Court, through the office of the General Secretariat, also has extensive control over judicial personnel, including judges. This includes the ability to determine posts of judges, which has a significant impact on their careers and advancement opportunities. The Supreme Court also oversees
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#1732852300183768-515: A time. These were hereditary courtiers whose experience and background had brought them to the pinnacle of a life's career. During Suzaku's reign, this apex of the Daijō-kan included: The years of Suzaku's reign are more specifically identified by more than one era name or nengō . Unless otherwise noted (as BC), years are in CE / AD Imperial Consort and Regent Empress Jingū
832-623: Is also not the commander-in-chief of the Japan Self-Defense Forces . Instead, the Japan Self-Defense Forces Act of 1954 explicitly vests supreme command and control in the prime minister. Nevertheless, the emperor remains Japan's internationally recognized head of state. The emperor's fundamental role within the machinery of the Japanese constitution is to perform important representational functions as "…the symbol of
896-668: Is barred from making political statements. It is the emperor's preeminent constitutional duty to appoint the Prime Minister as designated by the Diet and the Chief Justice as designated by the Cabinet. However, the emperor does not have the authority to decline the nominations. The emperor's other responsibilities, laid down in Article 7 of the Constitution, concern the basic functioning of
960-523: Is given to a number of competitions such as football, judo, volleyball, and the top division yūshō winner of a sumo tournament. Although the emperor has been a symbol of continuity with the past, the degree of power exercised by the emperor has varied considerably throughout Japanese history. According to the traditional account of the Nihon Shoki , Japan was founded by Emperor Jimmu 2683 years ago. However most modern scholars agree to regard Jimmu and
1024-606: Is known. This emperor is traditionally venerated at a memorial Shinto shrine ( misasagi ) at Kyoto. The Imperial Household Agency designates this location as Suzaku's mausoleum . It is formally named Daigo no misasagi in Fushimi-ku, Kyoto near the Buddhist temple, Daigo-ji . Kugyō ( 公卿 ) is a collective term for the very few most powerful men attached to the court of the Emperor of Japan in pre- Meiji eras. This elite group generally included only three to four men at
1088-419: Is not traditionally listed. Tenn%C5%8D Naruhito [REDACTED] Fumihito [REDACTED] Shigeru Ishiba ( LDP ) Second Ishiba Cabinet ( LDP – Komeito coalition ) [REDACTED] [REDACTED] Fukushiro Nukaga Kōichirō Genba [REDACTED] Masakazu Sekiguchi Hiroyuki Nagahama Saburo Tokura Kazuo Ueda The Emperor of Japan
1152-561: Is that the membership of the Supreme Court is influenced by the political dominance of the LDP , and therefore is less likely to challenge legislation produced by aligned politicians in the National Diet . There could also be the desire to maintain good relationships with judges in the Ministry of Justice or other departments. Another critical view is that the court functions like a bureaucracy, with
1216-442: Is the hereditary monarch and head of state of Japan . The emperor is defined by the Constitution of Japan as the symbol of the Japanese state and the unity of the Japanese people, his position deriving from "the will of the people with whom resides sovereign power". The Imperial Household Law governs the line of imperial succession . Pursuant to his constitutional role as a national symbol, and in accordance with rulings by
1280-560: Is the only remaining monarch and head of state in the world who holds the title of Emperor . Most constitutional monarchies formally vest executive power in the reigning monarch in their capacity as the head of state, who in turn is bound by either convention or statute to act on the advice of ministers responsible to the duly elected parliament. Some monarchies, such as those in Belgium , Denmark , Spain and Thailand , codify this principle by requiring royal acts to be countersigned by
1344-511: Is the role of the Cabinet Legislation Bureau in the legal ecosystem. The bureau is composed of senior bureaucrats and a minority of judges, some of whom go on to join the Supreme Court. It has the responsibility of thoroughly investigating government legislation to avoid constitutional flaws. Proponents of this view argue that this process prevents the need for the Supreme Court to frequently strike down legislation, as violations of
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#17328523001831408-501: The Utakai Hajime is the annual poetry reading competition convened by the emperor. The emperor is supported in this function by the empress and other members of the imperial family, who have honorary patronages of many associations and organisations. They travel extensively throughout the year within the country to uphold these roles. In sports, the Emperor's Cup (天皇賜杯, Tennō shihai )
1472-586: The shōguns , or their shikken regents in Kamakura (1203–1333), were the de facto rulers of Japan, although they were nominally appointed by the emperor. After the Meiji Restoration in 1868, the emperor was the embodiment of all sovereign power in the realm, as enshrined in the Meiji Constitution of 1889. Since the enactment of the 1947 constitution, the role of emperor has been relegated to that of
1536-474: The Diet and thence to the electorate. Nevertheless, the emperor enjoys three rights in the conduct of state business: (a) the right to be consulted before acting on ministerial advice; (b) the right to encourage a given policy or course of administrative action; and (c) the right to warn the Cabinet against the same. In these respects, the emperor personifies the democratic state, sanctions legitimate authority, ensures
1600-568: The Legal Research and Training Institute , which prospective legal professionals who have passed the National Bar Examination are required to attend to receive practical training. Although the Supreme Court has established the power to strike down legislation that is unconstitutional, it has used this power extremely infrequently. By a simple numerical count, the Supreme Court struck down only eight laws on constitutional grounds over
1664-544: The Supreme Court of Japan , the emperor is personally immune from prosecution. By virtue of his position as the head of the Imperial House , the emperor is also recognized as the head of the Shinto religion, which holds him to be the direct descendant of the sun goddess Amaterasu . According to tradition, the office of emperor was created in the 7th century BC, but the first historically verifiable emperors appear around
1728-638: The Tokyo Imperial Palace . It moved to the Tokyo District Court building in September of that year. It was intended to occupy the building of the Supreme Court of Judicature , the previous highest court during the Imperial Japan era, but the building was largely destroyed in the war and had to be rebuilt. In October 1949, this reconstruction was completed and the Supreme Court of Japan would use
1792-539: The 5th or 6th centuries AD . The role of the Emperor of Japan has historically alternated between a largely ceremonial symbolic role and that of an actual imperial ruler. Since the establishment of the first shogunate in 1192, the emperors of Japan have rarely taken on a role as supreme battlefield commander, unlike many Western monarchs . Japanese emperors have nearly always been controlled by external political forces, to varying degrees. For example, between 1192 and 1867,
1856-434: The 7th–8th centuries AD. The growth of the samurai class from the 10th century gradually weakened the power of the imperial family over the realm, leading to a time of instability. Emperors are known to have come into conflict with the reigning shogun from time to time. Some instances, such as Emperor Go-Toba 's 1221 rebellion against the Kamakura shogunate and the 1336 Kenmu Restoration under Emperor Go-Daigo , show
1920-424: The Constitution of Japan defines the Supreme Court as a court of last resort and allows it to conduct judicial review through "the power to determine the constitutionality of any law, order, regulation or official act". In its first role as a court of last resort, the Supreme Court hears civil, administrative, and criminal cases appealed from lower courts. This responsibility and the inability to apply discretion in
1984-676: The Empire, combining in Himself the rights of sovereignty", and he "exercises them, according to the provisions of the present Constitution". His rights included to sanction and promulgate laws, to execute them and to exercise "supreme command of the Army and the Navy". The liaison conference created in 1893 also made the emperor the leader of the Imperial General Headquarters . On Meiji's death in 1912 and
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2048-532: The House of Representatives. Extra sessions usually convene in the autumn and are opened then. The Tennō is regarded as the foremost Shintō priest in terms of religion. This sacred duty dates back to the Niiname-sai (新嘗祭, "tasting of new rice") imperial harvest festival. In this ritual, the emperor presents newly gathered rice to the gods. The celebration is known as Daijōsai (大嘗祭, "Great Tasting") and takes place in
2112-506: The Imperial Household Agency reversed its position and decided to allow researchers to enter some of the kofun with limited time and way. In the early 7th century, the emperor had begun to be called the " Son of Heaven " ( 天子 , tenshi , or 天子様 tenshi-sama ) . The title of emperor was borrowed from China, being derived from Chinese characters, and was retroactively applied to the legendary Japanese rulers who reigned before
2176-514: The State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power." He is limited to performing "acts in matters of state" as delineated by the Constitution, without even nominal powers related to government . Moreover, said acts are only exercised in accordance with the binding advice and consent of the Cabinet , which is collectively responsible to
2240-401: The Supreme Court experienced a "judicial crisis" between older judges and generally younger, liberal judges. For example, there was controversy when some judges in lower courts were seen as frustrating the implementation of ordinances that would limit anti-government demonstrations. In 1971, the Supreme Court deliberately did not reappoint assistant judge Yasauaki Miyamoto, who participated in
2304-633: The accession of his son Taishō , who suffered from ill-health and various disabilities, many of these powers were assumed by the Imperial Diet in an era known as the Taishō Democracy . Emperor Shōwa (Hirohito) was in power during the Pacific War ; he controlled both the sovereign of the state and the imperial forces. The role of the emperor as head of the State Shinto religion was exploited during
2368-614: The ancient tombs known as kofun , constructed between the early 3rd century and the early 7th century AD. However, since the Meiji period , the Imperial Household Agency has refused to open the kofun to the public or to archaeologists, citing their desire not to disturb the spirits of the past emperors. Kofun period artefacts were also increasingly crucial in Japan as the Meiji government used them to reinforce their authority. In 2016,
2432-414: The appeals it hears results in civil and criminal appeals being a significant majority of its caseload. In its second role, the Supreme Court can exercise its power of judicial review when a concrete legal dispute involving a violation or misinterpretation of the constitution is appealed. The Supreme Court also manages the operation, budget, and personnel of all of Japan's courts. Decisions are made by
2496-459: The building for twenty-five years. In 1964, a plan for a new Supreme Court building was created. It was decided that the building should be created in a modern style, and that the design be selected through a public contest. Of 217 submissions, one submitted through a joint effort of 17 people at Kajima led by architect Shinichi Okada was chosen. Construction began in 1971 and concluded in 1974. The new and now current Supreme Court building
2560-523: The call of sonnō jōi ("revere the emperor, expel the barbarians"). The domains of Satsuma and Chōshū , historic enemies of the Tokugawa, used this turmoil to unite their forces and won an important military victory outside of Kyoto against Tokugawa forces. On 9 November 1867, the Shogun Tokugawa Yoshinobu formally stepped down to restore Emperor Meiji to nominal full power. He issued
2624-486: The constitution are removed during the legislative phase. The composition of the Supreme Court is defined by the 1947 Judiciary Act. The Supreme Court is composed of a Chief Justice and 14 other Justices. These Justices are divided into three Petty Benches of five, which adjudicate most appeals. Questions of constitutional interpretation are adjudicated by the Grand Bench of all 15 Justices, of which nine are needed for
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2688-506: The court possesses the power of judicial review , a part of the court's early history involved clarifying the extent of this power. In 1948, the court declared that the constitution meant to establish the type of judicial review that was practiced in the United States . In 1952, the power, as the Court held, was clarified to apply only in cases with a concrete case. In the 1960s and 1970s,
2752-540: The emperor with great symbolic authority, but little political power, to the pope , and the shōgun to secular European rulers (e.g., the Holy Roman emperor ). In keeping with the analogy, they even used the term "emperor" in reference to the shōguns and their regents, e.g. in the case of Toyotomi Hideyoshi , whom missionaries called "Emperor Taico-sama" (from Taikō and the honorific sama ). A Dutch embassy report used similar terminology in 1691. Empress Go-Sakuramachi
2816-486: The emperors, who were still the source of sovereignty, although they could not exercise their powers independently from the shogunate. During the major part of 1192 to 1867, political sovereignty of the state was exercised by the shōguns or their shikken regents (1203–1333), whose authority was conferred by Imperial warrant. When Portuguese explorers first came into contact with the Japanese (see Nanban period ), they described Japanese conditions in analogy, likening
2880-401: The first general election after their appointment. A judge is removed from office if a majority votes against them, but this has never happened. A public review is stipulated to occur every ten years after appointment, but since Justices are generally appointed at age 60 or older and must retire at age 70 , there are effectively no second reviews. Particular to the Supreme Court of Japan is
2944-480: The first year after the emperor's accession to the throne. The historical text Nihonshoki , written in the year 720, has the first mention of this ceremony, whose beginnings are believed to date back even further. The event evolved through time to become the Day of Thanksgiving for Labour, a recognized official holiday today. The office of the emperor is also cultural bearer and steward of tradition and culture. For example,
3008-456: The former site of Edo Castle in the heart of Tokyo , the current capital of Japan. Earlier, emperors resided in Kyoto , the ancient capital, for nearly eleven centuries. The Emperor's Birthday (currently 23 February) is a national holiday. Naruhito is the current emperor of Japan. He acceded to the Chrysanthemum Throne upon the abdication of his father, Emperor Akihito , on 1 May 2019. He
3072-408: The imperial decree of constitutionalism on 14 April 1875. The Meiji Constitution was adopted on 11 February 1889. The emperor of Japan became an active ruler with considerable political power over foreign policy and diplomacy which was shared with an elected Imperial Diet . The Japanese subjects gained many rights and duties. The constitution described the emperor (in Article 4) as: "the head of
3136-410: The legality of his official acts, and guarantees the execution of the public will. These functions, when considered altogether, serve two purposes: foremost, to uphold the continuity and stability of Japanese democracy; and second, to foster a shared national identity and cultural heritage that transcends party politics. In order to maintain his institutional neutrality as Japan's national symbol, he
3200-516: The military and industrial power to prevent it. Unequal treaties coerced and took advantage of Japan. Consequently, Japan was forcibly opened to foreign trade and the shogunate proved incapable of hindering the "barbarian" interlopers; Emperor Kōmei thus began to assert himself politically. By the early 1860s, the relationship between the Imperial Court and the shogunate was changing radically. Disaffected domains and rōnin began to rally to
3264-458: The nine first emperors as mythical. Emperor Sujin , the 10th emperor, may have been a real historical figure. The emperors from Emperor Ōjin are considered as perhaps factual. As one argument, the reign of Emperor Kinmei ( c. 509 –571 AD), the 29th emperor, is the first for whom contemporary historiography is able to assign verifiable dates. Archaeological information about the earliest historical rulers of Japan may be contained in
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#17328523001833328-597: The people, rather than be treated like a god or robot. Inoue believes that during his reign, he transformed the symbolic role of emperor into a human being. In March 2019, the Mainichi reported 87% thought Akihito fulfilled his role as symbol of the state. On 30 April 2019, Emperor Akihito abdicated due to health issues and Heisei era ended. The previous time abdication occurred was Emperor Kōkaku in 1817. Akihito's eldest son, Naruhito ascended on 1 May 2019, referred to as Kinjō Tennō and Reiwa era started. In 1947
3392-407: The position of Tennō (emperor). Rather it is the emperor's symbolic and religious power of authority. Since the Kamakura shogunate , the emperor held de jure ownership of the realm. Throughout most of medieval Japan, the shogun 's legitimate authority was based on being appointed and receiving the power from the emperor even though the shogun was the de facto ruler. The emperor was considered
3456-420: The post-war Constitution of Japan ( 日本国憲法 , Nihonkoku-Kenpō ) became law when it received the emperor's assent on 3 November 1946. It provides for a parliamentary system of government and guarantees certain fundamental rights. Under its terms, the emperor of Japan is "the symbol of the State and of the unity of the people" and exercises a purely ceremonial role without the possession of sovereignty. It
3520-916: The power struggle between the Imperial Court in Kyoto and the military governments of Japan. There have been seven non-imperial families who have controlled Japanese emperors: the Soga (530s–645), the Fujiwara (850s–1070), the Taira (1159–1180s), the Minamoto (1192–1199), the Hōjō (1199–1333), the Ashikaga (1336–1565), and the Tokugawa (1603–1867). However, every shogun from the Minamoto, Ashikaga, and Tokugawa families had to be officially recognized by
3584-732: The state. To this end, the emperor, on behalf of the Japanese people: Regular ceremonies of the emperor with a constitutional basis are the Imperial Investitures (Shinninshiki) in the Tokyo Imperial Palace and the Speech from the Throne ceremony in the House of Councillors in the National Diet Building . The latter ceremony opens ordinary and extra sessions of the Diet. Ordinary sessions are opened each January and also after new elections to
3648-450: The uncodified custom of having seats of the court be allocated to different legal professions: career judges, private attorneys, prosecutors, academics and bureaucrats. The numbers for each group have been subject to some variation, but overall have been remarkably stable since the court's inception. The modern Supreme Court was first convened in May 1947 in the former Privy Council quarters of
3712-513: The war, creating an Imperial cult that led to kamikaze bombers and other manifestations of fanaticism . This in turn led to the requirement in the Potsdam Declaration for the elimination "for all time of the authority and influence of those who have deceived and misled the people of Japan into embarking on world conquest". In State Shinto, the emperor was believed to be an arahitogami ( 現人神 ) (manifest kami or incarnation of
3776-450: Was drawn up under the Allied occupation that followed World War II and changed Japan's previous Prussian-style Meiji Constitution that granted the emperor theoretically unlimited powers. The liberal constitution was inspired by several European states. Currently, it is a rigid document and the oldest unamended constitution. Historically, territorial designations are not a requirement for
3840-445: Was established in Article 81 of the Constitution of Japan in 1947. There was some debate among the members of the SCAP legal officers who drafted the constitution and in the Imperial Diet meeting of 1946 over the extent of the power of the judiciary, but it was overshadowed by other major questions about popular sovereignty, the role of the emperor, and the renunciation of war. Although the ratified wording in Article 81 states that
3904-460: Was excluded from the postwar Tokyo War Crimes Tribunal . Scholars dispute the power he had and the role he played during WWII. Emperor Shōwa's reign from 1926 until his death in 1989 makes him the longest-lived and longest-reigning historical Japanese emperor, and one of the longest-reigning monarchs in the world . The Emperors of Japan have not visited Yasukuni Shrine since 1978. Hirohito maintained an official boycott of Yasukuni Shrine after it
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#17328523001833968-552: Was revealed to him that Class-A war criminals had secretly been enshrined. The boycott was continued by his son and grandson, Akihito and Naruhito . By 1979, Emperor Shōwa was the only monarch in the world with the monarchical title " emperor ." Emperor Shōwa was the longest-reigning historical monarch in Japan's history and the world's longest reigning monarch until surpassed by King Bhumibol Adulyadej of Thailand in July 2008. According to journalist Makoto Inoue of The Nikkei , Emperor Emeritus Akihito wanted to be closer to
4032-408: Was the 11th son of Emperor Daigo and Empress Consort Onshi, a daughter of the regent and great minister of the council of state, Fujiwara no Mototsune . Suzaku had two Empresses or consorts and one Imperial daughter. Suzaku's older brother died unexpectedly young, as did his brother's son. These untimely deaths opened the way for Suzaku to accede to the throne. The actual site of Suzaku's grave
4096-420: Was the last ruling empress of Japan and reigned from 1762 to 1771. During the Sakoku period of 1603 to 1868, there was very limited trade between Japan and foreigners. The Dutch were the only westerners who had limited access to Japan. Emperor Go-Daigo succeeded in 1333 to get back the direct authority directly to the emperor after overthrowing the Kamakura shogunate , with the help of Ashikaga Takauji ,
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