最高裁判所裁判官国民審査制度の再生 : 積極的な罷免による任命のコントロールをめざして

Taking the Review of the Justices by the People Seriously : Dismissal Breeds Appointment

Hata Hiroto

広島大学大学院教育学研究科紀要. 第二部, 文化教育開発関連領域

Bulletin of the Graduate School of Education, Hiroshima University. Part. II, Arts and science education

On the Constitution of Japan, we the people can directly review and dismiss some judges of the Supreme Court at the first general election of members of the House of Representatives following their appointment. But no Justice has ever been dismissed. It is partly because the reveiw process was made in favor of silent assent and easy approval. I contend that the people and the opposition parties should have known of the judiciary and consciously dismissed as many dull or older Justices as could. If so, the new administration, whether it consisted of the ever-ruling party or the former opposition ones, could have appointed much more bright and relatively younger lawyers as new Justices, and then we could have got more chances to take part in the judicature and construct the more democratic Court indirectly. I suggest that at least dissident voters should dismiss all judges appointed by the old Cabinet except bright ones, so that the new government made by the new ruling party can renew the Court partly too. Indirect democracy approaches more direct one through concrete pledges. If only your party gives a pledge on the judicial appointment!

国民審査

最高裁判所

直接民主制

review by the people

the Supreme Court

direct democracy

Law [ 320 ]

jpn

広島大学大学院教育学研究科

国立情報学研究所

[ISSN] 1346-5554

[NCID] AA11618725