Journal of Electoral Studies

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Home Issues Backissues Volume 31, No.1 The Equal Protection of Election and the Reapportionment Cases in Japan

The Equal Protection of Election and the Reapportionment Cases in Japan

Chun-Pin Su
2008 / 05
Volume 15, No.1

pp.109-124
10.6612/tjes.2008.15.01.109-124
Paper

Abstract

The equal protection of election is considered as the basis of modern democracies. In Japan, it is regarded as a constitutional mandate. However, the Japanese Constitution does not only guarantee the principle of one person one vote, it also requires the realization of equality in the political process. This issue has been addressed in the reapportionment cases. Particularly the industrialization after the Second World War has resulted in an increase in the urban population, and the regional distribution of the population has become very unbalanced. The gross disparities in the value of a vote across constituencies have become a serious constitutional issue. Since the 1960s, this reapportionment issue began to appeal to the courts. The Supreme Court has delivered many decisions on this issue involving both houses of the Diet and the Local Assembly. This paper focuses on these judicial decisions and intends to study this reapportionment issue in Japan from the constitutional viewpoint.

Keywords

Election

Equality

Judicial Review

the Reapportionment Cases