Supreme Court Of Japan example essay topic

Japan's and United States' government are made up of three branches; the Legislative, the Executive and the Judicial Branch. In Japan, the Legislative Branch is known as the Diet. It consists of two chambers, the upper house known as the House of Councillors and the lower house called the House of representatives. In the United states the upper house is known as the Senate and the lower house called the same as Japan's, the House of Representatives.

All members of the Legislative branch are elected by popular vote within the area of the country that they represent. Japan's Diet is designated in the Constitution as the sole law making institution in the country, just as the United States. All legislations must follow a process leading to final approval in the Legislative Branch. In Japan there are 500 representatives in the House. Of these, 300 are chosen according to the small electoral district system, by which just 1 person is elected from each district. The other 200 are chosen as per a proportional representation system whereby seats are distributed to preferred party members according to the proportion of the vote received by the party.

Members of the House of Representatives are elected for 4-year terms. In the United States there are 435 members of the House of Representatives. The number representing each State is determined by population, but every state is guaranteed at least one Representative. Each Representative only is elected for a two year term.

The House of Councillors in Japan consists of 252 members... Of these, 100 seats are filled on a proportional representation system and the remaining 152 are filled according to the electoral district system. All members are chosen for 6-year terms. The Senate is made up of 100 senators. Each State is entitled to two Senators. As in Japan, Senators serve 6-year terms.

The executive branch of government in Japan and the United States function the same way. A Prime Minister is head of the Executive branch in Japan whereas the President is in charge on the United States. Japan's judicial system is quite different from that of the United States. Article 76 of Japan's Constitution states: "The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law". Japan thus has a unitary court system. The entire judicial system for civil, criminal and administrative matters is within the jurisdiction of a single court hierarchy; there are no separate federal, state, county and municipal systems as in the United States.

The Saiko Saibansho or Supreme Court of Japan is headed by a chief justice appointed by the emperor after designation by the cabinet, and 14 cabinet-appointed justices. It decides matters of law. The Supreme Court sits either as a full court or in divisions. The full court is composed of 15 judges who hear constitutional cases for which there are no precedents as well as those deemed by a division to be significant. Three divisions composed of five justices each receive and hear all other cases. Similar to the US Supreme Court, Japan's Saiko Saibansho is the court of last resort "with power to determine the constitutionality of any law, order, regulation or official act", in the words of the Constitution.

All cases heard are appeals, however, as the court does not possess original jurisdiction like its US equivalent. High courts in Japan are essentially appellate courts but have original jurisdiction for crimes related to insurrection and may be granted first instance over other cases by special provisions within Japanese laws. District courts are the courts of first instance for both civil and criminal matters, and are as well courts of appeal for actions taken by the summary courts, which handle minor cases involving small claims. Family courts constitute a special category of lower court dealing primarily with juvenile crime, divorce and family property disputes. By contrast, the US has a dual judicial system made up of federal and state courts.

The federal system is structured like a pyramid, with the Supreme Court at the top. Below it are 13 circuit courts of appeal which act as gatekeepers, reducing the load on the high court while giving persons unhappy with the decision of a lower court the opportunity to appeal. The state court systems are similarly structured, with a high court followed by state appellate courts and trial courts. The US state judicial system includes municipal and county courts, unlike Japan where there are no local courts. Other differences are noteworthy. Unlike the American judicial system, Japan has no civil or criminal jury system, as the Japanese prefer trial by judge.

Japanese are also less inclined to use courts to decide disputes; the number of civil suits per capita in Japan is far less than in common law countries. One reason for this lack of litigiousness is that Japanese society places a high value on social harmony. Informal and formal conciliation commissions are preferred alternatives to lawsuits. Ideally, this approach leads to compromise, where each side gains in some areas and yields in others..