Photo/Illutration The Grand Bench of the Supreme Court (Asahi Shimbun file photo)

“Saikosai saibankan no kokumin shinsa,” translates to “national review of Supreme Court justices.”

It is essentially a retention election or referendum that is held alongside a general election to determine which justices should be asked to remain on the bench and which should be let go.

The results of the latest kokumin shinsa, held on Oct. 27 together with the Lower House election, revealed something that took me by surprise.

Of the six Supreme Court justices who were up for review this time, four received the X mark for “should be dismissed” from more than 10 percent of voters.

If you think this is just amusing, just hold on and hear me out.

A total of 57 justices have been reviewed over the last 20 years and not one has ever received double-digit “marching orders.”

This alone makes the latest outcome quite unusual.

The judge who got the most Xs was Chief Justice Yukihiko Imasaki, who once opposed awarding compensation for a crime to the victim’s same-sex partner.

This case attracted some attention on social media shortly before the election and that may have influenced some voters.

If the results of this retention election were the public’s message to the judiciary, I think the judiciary sent its message to the public through the Tokyo High Court’s verdict on Oct. 30.

Same-sex marriage is not recognized under Japan’s civil code. But the Tokyo court ruled that unconstitutional, called the current rules “discriminatory” and instead backed society’s changing perceptions.

How best to balance the judiciary and public opinion was the main theme when the then-Imperial Diet discussed the introduction of the kokumin shinsa system in 1946.

At one time, the system itself was nearly deleted from the draft Constitution, when some lawmakers voiced the fear that it “may make Supreme Court justices play up to the public for their own protection.”

True, judges should never have to kowtow to the people for self-protection.

However, that does not mean that of the three branches of government, the judiciary alone can remain free from oversight by the sovereign people.

Pending issues will gradually move toward resolution if the judiciary and the people keep holding broad dialogue.

The retention election is one of the tools for that. Perhaps the most recent outcome was proof that one method of dialogue, which long remained nearly buried, has just been rediscovered.

—The Asahi Shimbun, Oct. 31

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Vox Populi, Vox Dei is a popular daily column that takes up a wide range of topics, including culture, arts and social trends and developments. Written by veteran Asahi Shimbun writers, the column provides useful perspectives on and insights into contemporary Japan and its culture.

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