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การประชุมวิชาการ
สถาบันพระปกเกล้า ครั้งที่ 16 87
other Justices of the Supreme Court are appointed by the Cabinet.
The Constitution requires that appointment of Justices of the Supreme Court
shall be reviewed at the time of the general election of the House of
Representatives. Judges of lower courts shall be appointed by the Cabinet from
the list of persons nominated by the Supreme Court. Judges are assumed as
the brightest people and highly professional. Most of judges are recruited from
among those who passed the National Bar Examination. There are also judges
appointed from among experienced law professors. They are regarded as people
of cleanness and integrity. They are among the most respected in the Japanese
society. There is no room for nepotism in the appointment of judges in Japan.
afeg ard rgani ations against the Corr tion
In addition to the Judiciary which is not a pro-active organization because
of the nature of its function, there are other important organizations working to
investigate or to prevent the corruption and to ensure the appropriate
functioning of the government. They are the Public Prosecutors Office, the
Police at the national as well as local government level, the Board of Audit, and
the National Public Service Ethics Board of the National Personnel Authority.
The Administrative Evaluation Bureau contributes to this purpose through its
evaluation and inspection activities. The Fair Trade Commission contributes also
through its activities against the unfair business transactions involving public
expenditures. Independence of these organizations and activities is quite high
and status of top officials of these organizations is secured against the arbitrary
intervention from outside.
Reality of Separation of Power and Systems and
Organizations for Democracy
For the systems and organizations to function as expected, it is crucially
important to have the trust of the people in them. Having the systems and
organizations is not enough to have the trust of the people. Once the systems
are adopted and organizations are established, they must begin functioning as
expected. Otherwise, the situation works to lessen the trust of the people and
the situation becomes even worse, causing the vicious cycle.
Having discussions in the preceding part on the systems and organizations
as expected by the Constitution and laws, the next discussion is on the เอกสารประกอบการอภิปรายร่วมระหว่างผู้แทนจากต่างประเทศ
systems, organizations and people functioning in reality.