Appointment and Organization
The constitution's Article 81 designates it "the court of last resort with power to determine the constitutionality of any law, order, regulation, or official act." The Supreme Court is also responsible for nominating judges to lower courts, determining judicial procedures, overseeing the judicial system, including the activities of public prosecutors, and disciplining judges and other judicial personnel. It renders decisions from either a grand bench of fifteen justices or a petit bench of five. The grand bench is required for cases involving constitutionality. The court includes 34 research clerks, whose function is similar to that of the clerks of the United States Supreme Court.
The Chief Justice is chosen by the Cabinet (Prime Minister) and appointed by the Emperor.
The Associate Justices are appointed by the Cabinet and attestation by the Emperor.
After appointment Supreme Court justices are subject to a "people's review": an automatic retention referendum in which the voters may remove the judge from office. A people's review occurs at the first election to the House of Representatives after a justice assumes office, when the question of whether his tenure should continue is put to voters on the ballot. The Supreme Court justice is then subject to a further people's review at the first lower house election after every ten years. The system used resembles the Missouri Plan followed in some U.S. states. It is established by Article 79 of the constitution which includes the following provisions:
The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten years, and in the same manner thereafter.
In cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed.
As of October 2009, no Supreme Court justice has ever been dismissed by a people's review. It is also unusual for a justice to be subject to a second review, as most are over the age of sixty when appointed and there is mandatory retirement at seventy.
Read more about this topic: Supreme Court Of Japan
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