ABSTRACT

This chapter provides an overview of administrative mechanisms and discusses their cultural-and political backgrounds. It argues that at least in most liberal capitalist countries, appellate courts unify interpretations of law by reviewing lower-court decisions in individual cases. Daily operation of the administrative control of lower-court judges is carried out by the General Secretariat (GS) of the Supreme Court under the secretary general. Under the secretary general and the deputy secretary general, the GS has seven bureaus of general affairs, personnel affairs, accounting, civil cases, criminal cases, administrative cases, and family cases. Japanese judges appear to need tremendous courage to decide a case in the way that is likely to displease the GS. The GS convenes conferences of judges to discuss important issues in the administration of the court system and in interpretations of law. The GS can discriminate against such judges in terms of transfer, promotion, and salary.