Constitutional law -- Japan; Japan -- Constitution
(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.
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.
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.
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.
(3) In cases mentioned in the foregoing paragraph, when the
majority of the voters favors the dismissal of a judge, he shall
be dismissed.
(4) Matters pertaining to review shall be prescribed by law.
(5) The judges of the Supreme Court shall of retired upon
the attainment of the age as fixed by law.
(6) All such judges shall receive, at regular stated
intervals, adequate compensation which shall not be decreased
during their terms of office.
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.
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.
Article 82. Trials shall be conducted and judgment declared
publicly.
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