Judicial system of Japan
They cannot be removed from the bench "unless judicially declared mentally or physically incompetent to perform official duties", and they cannot be disciplined by executive agencies (Article 78).
Nonetheless, Professor John Haley argues that the courts maintained complete independence in the adjudication of particular cases.
[1]: 99 "Judicial independence from the political branches was emphatically established as a fundamental principle of governance in Article 57 of the Meiji Constitution.
Of all branches of government only the courts exercised authority 'in the name of the Emperor' (天皇ノ名, Tennō no mei).
"[1]: 115 Haley argues that this was and remains a matter of great pride for Japanese judges and notes that "placed prominently in all courtrooms was the inscription 'in the name of the Emperor' as a meaningful reminder to imperial officials and subjects alike that the Emperor's judges were not subject to political control or direction.
"[1]: 115 [2] A key feature of Japanese courts is the emphasis on wakai (和解) settlements by mutual agreement of the parties, with no loser or winner.
For example, in 2016, the District Courts issued 63,801 judgments and orders, and 52,957 claims were solved by wakai settlement.
In 2021, similar to the previous year, Japan ranked 15th in the World Justice Project's Rule of Law Index, placing the country 3rd among the G7 economies.
They mostly handle small claims civil cases (disputes not in excess of ¥1,400,000), as well as minor criminal offenses.
They (Sapporo, Sendai, Tokyo, Nagoya, Osaka, Hiroshima, Takamatsu, and Fukuoka) serve defined circuits of several prefectures each; there are also "branch offices" in Akita, Kanazawa, Okayama, Matsue, Miyazaki, and Naha.
The "Grand Bench" (大法廷 Daihōtei) of the Supreme Court has associate justices, who are appointed by the Cabinet with the Emperor's attestation.
Family Courts primarily deal with juvenile delinquency cases and divorce, although they have a broad jurisdiction that encompasses all forms of domestic disputes, including correcting koseki registration data and partitioning estates.
