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Standing/Jurisdiction
Supreme
Court Third Petty Bench Decision of February 21, 1995, 49 Minshu 2-231.
The Court recognized the standing of a representative official of a Shinto Shrine
religious entity as well as a representative of its parishioners to bring suit against the
entity with respect to the confirmation of the status of the representative official. The
Court denied standing, however, of the parishioners themselves.
Supreme
Court Third Petty Bench Decision of July 18, 1995, 49 Minshu 7-2717, 1542 Hanji
64, 888 Hanta 130. The Court recognized the standing of a former member of a
Shingon Buddhist temple and to bring suit against the temple for his removal from the
temple's membership rolls, reversed and remanded to the Takamatsu High Court for further
adjudication on the issue of whether the removal was appropriate. The plaintiff had sought
the discharge of the temple's priest, but had been removed from the temple membership
pursuant to regulations adopted by the Shingon church pursuant to Article 13(1) of the
Religious Organization Law, which allows for the removal of a member who interferes with
the "management and maintenance of the temple." In reaching the conclusion that
the dispute between the member and the temple was a "legal dispute" appropriate
for judicial resolution under Court Law Article 3(1), the Court found that the regulations
of the Shingon church created a legal relationship between the member and the temple
insofar as members played a role in the management and operation of the temple, approving
selection of temple personnel, expenditure of temple funds, adoption of temple
regulations, and had the power to dissolve the temple.
Tokyo
District Court Decision of July 20, 1995, 1543 Hanji 127. The court
dismissed a suit by opposition party members seeking the nullification of a resolution
passed by the lower house of the Diet marking 1995 as the 50th anniversary of the end of
World War II as not a "legal dispute" appropriate for judicial resolution under
Court Law Article 3(1).
Tokyo
District Court Decision of January 19, 1996, (Unpublished). The court refused to
accept jurisdiction over the effect of regulations of the lower house of the Diet. On June
14, 1993, the plaintiff, a member of the lower house of the Diet, had authored legislation
providing for popular vote on certain issues of national importance, and, with the support
of 92 other Diet members, submitted the legislation to the House of Representatives
Secretariat, Proposed Legislation Department ("Secretariat") for approval for
consideration by the Diet as a whole. However, the Secretariat had refused to accept the
draft legislation since the plaintiff was a non-affiliated Diet member, and there was a
general requirement that legislation presented for consideration by the Diet be supported
and acknowledged by a registered political party. Accordingly, the regular Diet session
ended on June 18, 1993 without consideration or debate on the plaintiffs proposed
legislation. The plaintiff sued the national government asserting that the
Secretariats practice of refusing to accept draft legislation without party support
violated lower house regulations as well as the National Diet Law and unconstitutionally
and illegally limited the freedom of expression of Diet members. The court, siding with
the defendant, found the administration of the House of Representatives, including the
procedure for the submission of legislation for consideration by the Diet, lay within the
self-regulatory power of the Diet and beyond the jurisdiction of the court.
Tokyo
District Court Decision of March 14, 1997, 1612 Hanji 101, 953 Hanta
298. The court refused to accept jurisdiction over claims to limit aircraft activity at
the Yokoda Air Force Base near Tokyo. The plaintiffs, a citizens group, brought suit
against the United States government to enjoin aircraft from taking off or landing at the
base between 9:00 pm and 7:00 am and for compensation suffered as a result of past noise
pollution caused by such aircraft activity. While typically protected from suit based on
sovereign immunity, the court acknowledged that foreign governments may be subject to suit
in Japan where such governments have affirmatively agreed to be subject to suit or where
the matter in dispute involves real property in Japan. In the instant case, the matter in
dispute does not directly involve rights in real property. Moreover, although there is one
instance of the United States government having consented to suit in Japan, this sole case
does not provide an adequate basis for imputing consent to suit generally. Accordingly,
the plaintiffs claims must be dismissed.
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