Vote Value Disparity and Judicial Review in Japan

In November 2015, the Japanese Supreme Court ruled that that there was disparity in the number of members in the House of Representatives following the general elections of December 2014. The plaintiff argued that the results of the 2014 elections for the House of Representatives were null and void. The value of the votes should be equal to the total number of voters, according to Articles 14 and 44 of the Japanese Constitution. The vote value disparity has created controversy through several cases since the Japanese Constitution was established

The Impact of Cultural Heritage on Japanese Towns and Villages

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city.. However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site. First, this paper seeks to discuss the doctrine of standing in administrative litigation. The general public typically takes great pride in their cultural heritage, yet they seldom have the ability to defend these interests and values. The judiciary is required to limit the scope of plaintiffs who can bring cases to protect cultural heritage sites. The revised ACLA broadened the scope of standing and established new litigations such as action for injunction, and mandamus action. These litigations make the Japanese judiciary switch from concrete to abstract judicial reviews. In the Japanese judiciary system, standing doctrine functions to limit the scope of those who have standing. For example, the judiciary is likely to deny standing to litigants suing on behalf of wildlife and wild animals. Second, this paper reviews the efforts of local governments to maintain autonomy when making decisions regarding cultural heritage. As a result of Japan’s aging society, the population in small cities and towns are decreasing rapidly. Local governments prefer using historical or cultural sites to revitalize towns and entice more people into visiting. The Act on Protection of Cultural Properties (APCP) is a Japanese statute originally established in 1949. The law aims to preserve and put to use cultural property for Japanese people. When it was amended in 2018, it shifted the towns’ focus from preservation of cultural heritage to revitalization of small towns. Cities and towns undergo financial burdens to prepare applications for their registration as world heritage sites and then to maintain the quality of the heritage site. The registration may promise to bring more people into the small region, but may also change the quiet life amidst nature. These cities and towns are seeking to maintain a balance between protection of the environment and their cultural heritage, and revitalization. The interests of citizens and non-governmental organizations (NGOs) have become disenfranchised because they are often unable to attain standing. Enlarging the doctrine of standing to allow these groups to attain standing would promote balance by allowing individual and NGO interests to bring suit whereas before they were prohibited from protecting their interests

Climate Change Action and Adaptation in Tokyo

This paper reviews an adaptation plan for the Tokyo Metropolitan Area. The Japanese Government decided to remain in the Paris Agreement and began trying to reduce CO2 with technology after the Great East Japan Earthquake of 2011. Nuclear power plants were closed, and some are still under safety review. Newly built thermal power plants will increase CO2 emissions, and the battle among the ministries hinders effective adaptation planning. In 2012, the central government announced three basic approaches: risk management, comprehensive and general planning, and cooperating with local governments. However, the central government’s tactics still fall behind other countries’, and local governments such as prefectures and municipalities continue to need to mitigate the harmful effects of climate change. Local governments lack the appropriate information, technology, and budget. In 2018, the Ministry of the Environment released guidelines for local governments to draft adaptation plans. Tokyo established a basic environmental plan in 2008 and made an environmental prediction in 2009. By analyzing comparative administrative law and environmental law perspectives, this paper will review improvements to Japan’s capacity to adapt and the sensibility of the Tokyo Metropolitan Adaptation Plan. Tokyo has several basic policies: establish a smart energy city, encourage the “3Rs” (recycle, reduce, and reuse), and sustainably use resources. The plan might present a good example for other prefectures, just as the State of California has become a model for other parts of the United States

Vote Value Disparity and Judicial Review in Japan

In November 2015, the Japanese Supreme Court ruled that that there was disparity in the number of members in the House of Representatives following the general elections of December 2014. The plaintiff argued that the results of the 2014 elections for the House of Representatives were null and void. The value of the votes should be equal to the total number of voters, according to Articles 14 and 44 of the Japanese Constitution. The vote value disparity has created controversy through several cases since the Japanese Constitution was established

Forgotten People: A Judicial Apology for Leprosy Patients in Japan

36 pagesIn 2016, the Japanese Supreme Court apologized for establishing a special tribunal for leprosy patients outside a standard courtroom. The Supreme Court initially admitted that the special tribunal was unconstitutional because the unfair procedure and trials discriminated against leprosy patients. The Supreme Court’s decision to establish exceptional courts at the time was not based on scientific research regarding leprosy. These patients were isolated in sanatoriums until 1996, when Parliament abolished the Leprosy Prevention Law. Then, in 2001, the Kumamoto district court accepted governmental responsibility for the legislative inaction that led to the government’s compulsory isolation policy. The Kumamoto court noted that the statute of limitations started in 2001, when the legislature abolished the Leprosy Prevention Law

California Leadership in American Environmental Law

はじめに 第一章　連邦憲法上の構造 第二章　電力の需要と供給の規制 第三章　運輸部門の規制 第四章　気候変動に関する研究 第五章　地方のイニシアチブ 結