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After Hiroshima Ruling, 11 of 16 High Courts Fault Japan’s Upper House Vote as in a ‘State of Unconstitutionality’

The split outcomes heighten pressure on the Diet ahead of a unified Supreme Court judgment expected next year.

Overview

  • Hiroshima High Court on Nov. 25 declared the July House of Councillors election in a state of unconstitutionality, issuing the final ruling in a nationwide set of lawsuits.
  • Across all 16 high-court and branch decisions, 11 found a constitutional problem and 5 found the vote constitutional.
  • Despite critical findings, every court rejected plaintiffs’ requests to invalidate the election results.
  • The July contest featured a maximum vote-value disparity of 3.13 times, widening by 0.10 points from the previous election.
  • Multiple rulings criticized the Diet’s slow reform efforts, with Tokyo High Court warning that inaction before the 2028 election could force an unconstitutional finding as the Supreme Court prepares a unified ruling in 2026.