著者

藤本 亮

出版者

活水女子大学

雑誌

活水論文集 健康生活学部・生活学科編 (ISSN:13482572)

巻号頁・発行日

vol.46, pp.1-17, 2003-03

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In December 1999, the Supreme Court of Japan ruled a case disciplining a judge originally decided so in the Sendai High Courts. In that case, a judge was sanctioned since he had attended a political rally against the bills that would allow police to use tapping in its investigation. I review the Supreme Court ruling and discuss the importance of Judge's independence of anything other than laws and his/her conscience. He/she should have one's own person and should not hesitate to interact with the world outside courthouse. Also, people should learn that judges should be evaluated on the base of his/her legal competence not his/her personality or political orientation. The Supreme Court insists that judges should maintain his/her neutral appearance; even they should avoid to be seen as not-neutral politically. It hides judge's political orientation that of course everyone has. On the contrary, judge cannot wholly depend upon people's support. He/she should eliminate any influence from not only other branches of state but also litigation parties or mass media, and so on. Simple democracy could destroy the legitimacy of judiciary.