Judiciary |
Judiciary- Constitution of Japan |
CHAPTER VI: JUDICIARY
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Article 76:
The whole judicial power is vested in a Supreme Court and in such
inferior courts as are established by law. 2) No extraordinary
tribunal shall be established, nor shall any organ or agency of the
Executive be given final judicial power. 3) All judges shall be
independent in the exercise of their conscience and shall be bound
only by this Constitution and the laws.
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Article 77:
The Supreme Court is vested with the rule-making power under which it
determines the rules of procedure and of practice, and of matters
relating to attorneys, the internal discipline of the courts and the
administration of judicial affairs. 2) Public procurators shall be
subject to the rule-making power of the Supreme Court. 3) The Supreme
Court may delegate the power to make rules for inferior courts to such
courts.
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Article 78:
Judges shall not be removed except by public impeachment unless
judicially declared mentally or physically incompetent to perform
official duties. No disciplinary action against judges shall be
administered by any executive organ or agency.
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Article 79: |
The Supreme Court shall consist of a Chief Judge and such number of
judges as may be determined by law; all such judges excepting the
Chief Judge shall be appointed by the Cabinet. 2) 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(10) years, and in the same manner thereafter.
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Article 80: |
The judges of the inferior courts shall be appointed by the Cabinet
from a list of persons nominated by the Supreme Court. All such judges
shall hold office for a term of ten(10) years with privilege of
reappointment, provided that they shall be retired upon the attainment
of the age as fixed by law. 2) The judges of the inferior courts shall
receive, at regular stated intervals, adequate compensation which
shall not be decreased during their terms of office.
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Article 81: |
The Supreme Court is the court of last resort with power to determine
the constitutionality of any law, order, regulation or official act.
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Article 82: |
Trials shall be conducted and judgement declared publicly. 2) Where a
court unanimously determines publicity to be dangerous to public order
or morals, a trial may be conducted privately, but trials of political
offenses, offenses involving the press or cases wherein the rights of
people as guaranteed in CHAPTER III of this Constitution are in
question shall always be conducted publicly.
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