The Judiciary: Its Organization and Status in the Parliamentary System

Abstract

The Constitution of Japan, which became effective on May 3, 1947, drastically reformed the Japanese judicial system.' For the first time in the history of Japan, its constitution recognized the principle of separation of powers between the various branches of government. The 1947 Constitution conferred legislative powers on the Diet, placed executive power in the Cabinet, and granted judicial power to the Supreme Court and those inferior courts created by law. The new Constitution gave, also for the first time, exclusive jurisdiction over all legal disputes to the judicial system and empowered the courts to determine the constitutionality of any law, order, regulation, or official government act. This article examines the role of the Japanese judiciary and its status within Japan's parliamentary system. The article begins with a review of the history of the Japanese judicial system. It then examines the organization of Japan's courts and their respective jurisdictions. Next, its focus shifts to Japan's judges and the process of judicial selection. Finally, the article discusses judicial appointment and its effect on judicial independence. The relationship between appointment and independence is very important because the power of reappointment places certain limitations on judicial independence in Japan.