Cabinet rejection of Supreme Court candidates in Japan

Abstract The Cabinet customarily appoints Supreme Court Justices based on recommendations from the legal professional bodies in Japan. Previous studies have debated whether and to what extent the Cabinet has respected these recommendations or whether it has made political appointments based on its own preferences. This study examines all appointment cases to identify the extent to which the Cabinet followed or rejected these recommendations. It reveals that the Cabinet disregarded them in 25 out of 192 cases. Accordingly, the author argues that appointing Justices in Japan can be political and that the Cabinet has occasionally exercised its discretion to reject candidates.