10th Ruling Finds Japan Upper House Poll in Unconstitutional State

Miyazaki, Nov. 21 (Jiji Press)–Fukuoka High Court’s branch in the southwestern Japan city of Miyazaki ruled Friday that the July 20 House of Councillors election was held “in an unconstitutional state” due to wide vote-value gaps. This was the 10th ruling finding that the election for the upper chamber of the Diet, the country’s parliament, was conducted in a state of unconstitutionality. Five other rulings have found it constitutional. Presiding Judge Yasuto Odajima at the Miyazaki branch, however, dismissed a demand by a group of lawyers that filed the lawsuit that the results of the Upper House election be nullified. Two groups of lawyers filed a total of 16 lawsuits with 14 high courts and high court branches over the election, which saw the maximum vote-value gap of 3.13 times. The 16th and final ruling is set to be handed down by Hiroshima High Court in western Japan on Tuesday. The Supreme Court is then expected to issue a unified judgment later. Odajima said the maximum gap of 3.13 times is “a level that poses a major problem under the Constitution.” The Diet’s attitude toward correcting vote-value gaps has clearly weakened since the public offices election law was revised in 2018, the judge said, voicing strong concern that wide disparities could continue. But the Diet’s failure to rectify disparities by the time of the latest Upper House election did not exceed the limits of its discretionary power, the judge said, concluding that it cannot be said the election was unconstitutional. END [Copyright The Jiji Press, Ltd.]