The Government of
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
consists of
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
,
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
and
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
branches and is based on
popular sovereignty
Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any ...
. The Government runs under the framework established by the
Constitution of Japan
The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution r ...
, adopted in 1947. It is a
unitary state
A unitary state is a sovereign state governed as a single entity in which the central government is the supreme authority. The central government may create (or abolish) administrative divisions (sub-national units). Such units exercise only th ...
, containing forty-seven
administrative divisions
Administrative division, administrative unit,Article 3(1). country subdivision, administrative region, subnational entity, constituent state, as well as many similar terms, are generic names for geographical areas into which a particular, ind ...
, with the Emperor as its
Head of State
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
. His role is ceremonial and he has no powers related to Government. Instead, it is the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
, comprising the
Ministers of State
Minister of State is a title borne by politicians in certain countries governed under a parliamentary system. In some countries a Minister of State is a Junior Minister of government, who is assigned to assist a specific Cabinet Minister. In o ...
and the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, that directs and controls the Government and the
civil service
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
. The Cabinet has the
executive power
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state.
In political systems ba ...
and is formed by the Prime Minister, who is the
Head of Government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
.
The Prime Minister is nominated by the
National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
and
appointed to office by the Emperor.
The National Diet is the
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
, the organ of the Legislative branch. It is
bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
, consisting of two houses with the
House of Councilors
The is the upper house of the National Diet of Japan. The House of Representatives is the lower house. The House of Councillors is the successor to the pre-war House of Peers. If the two houses disagree on matters of the budget, treaties, or ...
being the
upper house
An upper house is one of two Debate chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smalle ...
, and the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
being the
lower house
A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
. Its members are directly elected by the
people
A person (plural, : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of pr ...
, who are the source of
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
.
It is defined as the supreme organ of sovereignty in the Constitution. The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
and other inferior courts make up the Judicial branch and have all the judicial powers in the state. It has ultimate judicial authority to interpret the
Japanese constitution
The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution ...
and the power of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
. They are
independent
Independent or Independents may refer to:
Arts, entertainment, and media Artist groups
* Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s
* Independ ...
from the executive and the legislative branches.
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s are nominated or appointed by the Cabinet and never removed by the executive or the legislature except during
impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
.
History
Prior to the
Meiji Restoration
The , referred to at the time as the , and also known as the Meiji Renovation, Revolution, Regeneration, Reform, or Renewal, was a political event that restored practical imperial rule to Japan in 1868 under Emperor Meiji. Although there were ...
, Japan was ruled by the government of a successive military ''
shōgun
, officially , was the title of the military dictators of Japan during most of the period spanning from 1185 to 1868. Nominally appointed by the Emperor, shoguns were usually the de facto rulers of the country, though during part of the Kamakur ...
''. During this period, effective power of the government resided in the Shōgun, who officially ruled the country in the name of the Emperor. The Shōgun were the hereditary military governors, with their modern rank equivalent to a
generalissimo
''Generalissimo'' ( ) is a military rank of the highest degree, superior to field marshal and other five-star ranks in the states where they are used.
Usage
The word (), an Italian term, is the absolute superlative of ('general') thus me ...
. Although the Emperor was the sovereign who appointed the Shōgun, his roles were ceremonial and he took no part in governing the country. This is often compared to the present role of the Emperor, whose official role is to appoint the Prime Minister.
The Meiji Restoration in 1872 led to the resignation of Shōgun
Tokugawa Yoshinobu
Prince was the 15th and last ''shōgun'' of the Tokugawa shogunate of Japan. He was part of a movement which aimed to reform the aging shogunate, but was ultimately unsuccessful. He resigned of his position as shogun in late 1867, while aiming ...
, agreeing to "be the instrument for carrying out" the Emperor's orders. This event restored the country to Imperial rule and the proclamation of the
Empire of Japan
The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent fo ...
. In 1889, the
Meiji Constitution
The Constitution of the Empire of Japan (Kyūjitai: ; Shinjitai: , ), known informally as the Meiji Constitution (, ''Meiji Kenpō''), was the constitution of the Empire of Japan which was proclaimed on February 11, 1889, and remained in for ...
was adopted in a move to strengthen Japan to the level of western nations, resulting in the first
parliamentary system
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
in Asia. It provided a form of mixed
constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
-
absolute monarchy
Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constitut ...
, with an independent judiciary, based on the
Prussia
Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...
n model of the time.
A new aristocracy known as the ''
kazoku
The was the hereditary peerage of the Empire of Japan, which existed between 1869 and 1947. They succeeded the feudal lords () and court nobles (), but were abolished with the 1947 constitution.
Kazoku ( 華族) should not be confused with ' ...
'' was established. It merged the ancient court nobility of the
Heian period
The is the last division of classical Japanese history, running from 794 to 1185. It followed the Nara period, beginning when the 50th emperor, Emperor Kanmu, moved the capital of Japan to Heian-kyō (modern Kyoto). means "peace" in Japanese. ...
, the ''
kuge
The was a Japanese aristocratic class that dominated the Japanese Imperial Court in Kyoto. The ''kuge'' were important from the establishment of Kyoto as the capital during the Heian period in the late 8th century until the rise of the Kamakur ...
'', and the former ''
daimyō
were powerful Japanese magnates, feudal lords who, from the 10th century to the early Meiji era, Meiji period in the middle 19th century, ruled most of Japan from their vast, hereditary land holdings. They were subordinate to the shogun and n ...
'', feudal lords subordinate to the ''shōgun''. It also established the
Imperial Diet, consisting of the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
and the
House of Peers. Members of the House of Peers were made up of the
Imperial Family
A royal family is the immediate family of King, kings/Queen regnant, queens, Emir, emirs/emiras, Sultan, sultans/Sultana (title), sultanas, or raja/rani and sometimes their extended family. The term imperial family appropriately describes the ...
, the Kazoku, and those nominated by the Emperor, while members of the House of Representatives were elected by direct male suffrage. Despite clear distinctions between powers of the executive branch and the Emperor in the Meiji Constitution, ambiguity and contradictions in the Constitution eventually led to a
political crisis
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
. It also devalued the notion of
civilian control over the military
Civilian control of the military is a doctrine in military and political science that places ultimate responsibility for a country's strategic decision-making in the hands of the civilian political leadership, rather than professional military ...
, which meant that the military could develop and exercise a great influence on politics.
Following the end of
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, the present
Constitution of Japan
The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution r ...
was adopted. It replaced the previous Imperial rule with a form of Western-style
liberal democracy
Liberal democracy is the combination of a liberal political ideology that operates under an indirect democratic form of government. It is characterized by elections between multiple distinct political parties, a separation of powers into diff ...
.
As of 2020, the Japan Research Institute found the national government is mostly analog, because only 7.5% (4,000 of the 55,000) administrative procedures can be completed entirely online. The rate is 7.8% at the Ministry of Economy, Trade and Industry, 8% at the Ministry of Internal Affairs and Communications, and only 1.3% at the Ministry of Agriculture, Forestry and Fisheries.
On 12 February, 2021,
Tetsushi Sakamoto
is a Japanese politician who served as the Minister of Loneliness from 12 February 2021 to 4 October 2021. He is also a member of the House of Representatives in the Diet (national legislature), representing the Liberal Democratic Party (Japan).
...
was appointed as the Minister of Loneliness to alleviate social isolation and loneliness across different age groups and genders.
The Emperor
The is the head of the
Imperial Family
A royal family is the immediate family of King, kings/Queen regnant, queens, Emir, emirs/emiras, Sultan, sultans/Sultana (title), sultanas, or raja/rani and sometimes their extended family. The term imperial family appropriately describes the ...
and the ceremonial
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
. He is defined by the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
to be "the symbol of the State and of the unity of the people".
However, his role is entirely ceremonial and representative in nature. As explicitly stated in
article 4 of the Constitution, he has no powers related to government.
Article 6 of the
Constitution of Japan
The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution r ...
delegates the Emperor the following ceremonial roles:
# Appointment of the Prime Minister as designated by the Diet.
# Appointment of the Chief Justice of the Supreme Court as designated by the Cabinet.
While the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
is the source of executive power and most of its power is exercised directly by the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, several of its powers are exercised through the Emperor. The powers exercised via the Emperor, as stipulated by
Article 7 of the Constitution, are:
# Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
# Dissolution of the House of Representatives.
# Proclamation of general election of members of the Diet.
# Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
# Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
# Awarding of honors.
# Attestation of instruments of ratification and other diplomatic documents as provided for by law.
# Receiving foreign ambassadors and ministers.
# Performance of ceremonial functions.
These powers are exercised in accordance with the binding advice of the Cabinet.
The Emperor is known to hold the nominal ceremonial authority. For example, he is the only person that has the authority to appoint the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, even though the
Diet
Diet may refer to:
Food
* Diet (nutrition), the sum of the food consumed by an organism or group
* Dieting, the deliberate selection of food to control body weight or nutrient intake
** Diet food, foods that aid in creating a diet for weight loss ...
has the power to designate the person fitted for the position. One such example can be prominently seen in the 2009 Dissolution of the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. The House was expected to be dissolved on the advice of the Prime Minister, but was temporarily unable to do so for the next general election, as both the Emperor and Empress were visiting
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
.
In this manner, the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
's modern role is often compared to those of the
Shogunate
, officially , was the title of the military dictators of Japan during most of the period spanning from 1185 to 1868. Nominally appointed by the Emperor, shoguns were usually the de facto rulers of the country, though during part of the Kamakur ...
period and much of
Japan's history, whereby the Emperor held great symbolic
authority
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The N ...
but had little
political power
In social science and politics, power is the social production of an effect that determines the capacities, actions, beliefs, or conduct of actors. Power does not exclusively refer to the threat or use of force ( coercion) by one actor agains ...
; which is often held by others nominally appointed by the Emperor himself. Today, a legacy has somewhat continued for a retired Prime Minister who still wields considerable power, to be called a .
Unlike his
European counterparts, the Emperor is not the source of sovereign power and the government does not act under his name. Instead, the Emperor represents the State and appoints other high officials in the name of the State, in which the
Japanese people
The are an East Asian ethnic group native to the Japanese archipelago."人類学上は,旧石器時代あるいは縄文時代以来,現在の北海道〜沖縄諸島(南西諸島)に住んだ集団を祖先にもつ人々。" () Jap ...
hold sovereignty.
Article 5 of the Constitution, in accordance with the
Imperial Household Law
is a statute in Japanese law that governs the line of imperial succession, the membership of the imperial family, and several other matters pertaining to the administration of the Imperial Household.
In 2017, the National Diet changed the law ...
, allows a
regency
A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
to be established in the Emperor's name, should the Emperor be unable to perform his duties.
On November 20, 1989, the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled it
doesn't have judicial power over the Emperor.
The
Imperial House of Japan
The , also referred to as the Imperial Family or the House of Yamato, comprises those members of the extended family of the reigning Emperor of Japan who undertake official and public duties. Under the present Constitution of Japan, the Emperor i ...
is said to be the oldest continuing hereditary monarchy in the world. According to the
Kojiki
The , also sometimes read as or , is an early Japanese chronicle of myths, legends, hymns, genealogies, oral traditions, and semi-historical accounts down to 641 concerning the origin of the Japanese archipelago, the , and the Japanese imperia ...
and
Nihon Shoki, Japan was founded by the Imperial House in 660 BC by . Emperor Jimmu was the first Emperor of Japan and the ancestor of all of the Emperors that followed. He is, according to
Japanese mythology
Japanese mythology is a collection of traditional stories, folktales, and beliefs that emerged in the islands of the Japanese archipelago. Shinto and Buddhist traditions are the cornerstones of Japanese mythology. The history of thousands of year ...
, the direct descendant of , the sun goddess of the native
Shinto
Shinto () is a religion from Japan. Classified as an East Asian religion by scholars of religion, its practitioners often regard it as Japan's indigenous religion and as a nature religion. Scholars sometimes call its practitioners ''Shintois ...
religion, through
Ninigi
is a deity in Japanese mythology. Grandson of the sun goddess Amaterasu, Ninigi is regarded according to Japanese mythology as the great-grandfather of Japan’s first emperor, Emperor Jimmu. The three sacred treasures brought with Ninigi fro ...
, his great-grandfather.
The is
Naruhito
is the current Emperor of Japan. He acceded to the Chrysanthemum Throne on 1 May 2019, beginning the Reiwa era, following the abdication of his father, Akihito. He is the 126th monarch according to Japan's traditional order of succession ...
. He was officially
enthroned
Enthroned is a Belgian black metal band formed in Charleroi. It is one of the premier acts of the Belgian black metal scene.
History
The band was founded in 1993 by drummer Cernunnos. He soon recruited guitarist Tsebaoth and a vocalist from g ...
on May 1, 2019, following the abdication of his father. He is styled as , and his reign bears the era name of .
Fumihito
is the younger brother and heir presumptive of Emperor Naruhito of Japan and the younger son of Emperor emeritus Akihito and Empress emerita Michiko. Since his marriage in June 1990, he has had the title and has headed his own branch of the i ...
is the heir presumptive to the
Chrysanthemum Throne
The is the throne of the Emperor of Japan. The term also can refer to very specific seating, such as the throne in the Shishin-den at Kyoto Imperial Palace.
Various other thrones or seats that are used by the Emperor during official functions ...
.
Executive
The Executive branch of
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
is headed by the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
. The Prime Minister is the head of the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
, and is designated by the legislative organ, the
National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
.
The Cabinet consists of the
Ministers of State
Minister of State is a title borne by politicians in certain countries governed under a parliamentary system. In some countries a Minister of State is a Junior Minister of government, who is assigned to assist a specific Cabinet Minister. In o ...
and may be appointed or dismissed by the Prime Minister at any time.
Explicitly defined to be the source of executive
power
Power most often refers to:
* Power (physics), meaning "rate of doing work"
** Engine power, the power put out by an engine
** Electric power
* Power (social and political), the ability to influence people or events
** Abusive power
Power may a ...
, it is in practice, however, mainly exercised by the Prime Minister. The practice of its powers is responsible to the Diet, and as a whole, should the Cabinet lose
confidence
Confidence is a state of being clear-headed either that a hypothesis or prediction is correct or that a chosen course of action is the best or most effective. Confidence comes from a Latin word 'fidere' which means "to trust"; therefore, having ...
and support to be in office by the Diet, the Diet may dismiss the Cabinet ''en masse'' with a
motion of no confidence
A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
.
Prime Minister
The is designated by the
National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
and serves a term of four years or less; with no limits imposed on the number of terms the Prime Minister may hold. The Prime Minister heads the Cabinet and exercises "control and supervision" of the executive branch, and is the
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
and
commander-in-chief of the
Japan Self-Defense Forces
The Japan Self-Defense Forces ( ja, 自衛隊, Jieitai; abbreviated JSDF), also informally known as the Japanese Armed Forces, are the unified ''de facto''Since Article 9 of the Japanese Constitution outlaws the formation of armed forces, the ...
. The prime minister is vested with the power to present
bills to the Diet, to sign laws, to declare a
state of emergency
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
, and may also dissolve the Diet's House of Representatives at will.
The prime minister presides over the Cabinet and appoints, or dismisses, the other Cabinet
ministers
Minister may refer to:
* Minister (Christianity), a Christian cleric
** Minister (Catholic Church)
* Minister (government), a member of government who heads a ministry (government department)
** Minister without portfolio, a member of governme ...
.
Both houses of the National Diet designates the Prime Minister with a ballot cast under the
run-off system. Under the Constitution, should both houses not agree on a common candidate, then a joint committee is allowed to be established to agree on the matter; specifically within a period of ten days, exclusive of the period of recess.
However, if both houses still do not agree to each other, the decision made by the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
is deemed to be that of the National Diet.
Upon designation, the Prime Minister is presented with their commission, and then formally
appointed to office by the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
.
As a candidate designated by the Diet, the prime minister is required to report to the Diet whenever demanded.
The prime minister must also be both a
civilian
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, b ...
and a member of either house of the Diet.
The Cabinet
The consists of the
Ministers of State
Minister of State is a title borne by politicians in certain countries governed under a parliamentary system. In some countries a Minister of State is a Junior Minister of government, who is assigned to assist a specific Cabinet Minister. In o ...
and the Prime Minister. The members of the Cabinet are appointed by the Prime Minister, and under the Cabinet Law, the number of members of the Cabinet appointed, excluding the Prime Minister, must be fourteen or less, but may only be increased to nineteen should a special need arise.
Article 68 of the Constitution states that all members of the Cabinet must be
civilian
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, b ...
s and the majority of them must be chosen from among the members of either house of the
National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
. The precise wording leaves an opportunity for the Prime Minister to appoint some non-elected Diet officials. The Cabinet is required to resign ''en masse'' while still continuing its functions, till the appointment of a new Prime Minister, when the following situation arises:
# The Diet's House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, unless the House of Representatives is dissolved within the next ten days.
# When there is a vacancy in the post of the Prime Minister, or upon the first convocation of the Diet after a general election of the members of the House of Representatives.
Conceptually deriving
legitimacy
Legitimacy, from the Latin ''legitimare'' meaning "to make lawful", may refer to:
* Legitimacy (criminal law)
* Legitimacy (family law)
* Legitimacy (political)
See also
* Bastard (law of England and Wales)
* Illegitimacy in fiction
* Legit (d ...
from the Diet, whom it is responsible to, the Cabinet exercises its power in two different ways. In practice, much of its power is exercised by the Prime Minister, while others are exercised nominally by the Emperor.
Article 73 of the
Constitution of Japan
The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution r ...
expects the Cabinet to perform the following functions, in addition to general administration:
# Administer the law faithfully; conduct affairs of state.
# Manage foreign affairs.
# Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
# Administer the
civil service
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
, in accordance with standards established by law.
# Prepare the budget, and present it to the Diet.
# Enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
# Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Under the Constitution, all laws and cabinet orders must be signed by the competent Minister and countersigned by the Prime Minister, before being formally promulgated by the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
. Also, all members of the Cabinet cannot be subject to legal action without the consent of the Prime Minister; however, without impairing the right to take legal action.
Ministries and agencies
The consist of eleven executive ministries and the
Cabinet Office
The Cabinet Office is a department of His Majesty's Government responsible for supporting the prime minister and Cabinet. It is composed of various units that support Cabinet committees and which co-ordinate the delivery of government objecti ...
. Each ministry is headed by a
Minister of State
Minister of State is a title borne by politicians in certain countries governed under a parliamentary system. In some countries a Minister of State is a Junior Minister of government, who is assigned to assist a specific Cabinet Minister. In o ...
, which are mainly senior legislators, and are appointed from among the members of the Cabinet by the Prime Minister. The Cabinet Office, formally headed by the Prime Minister, is an agency that handles the day-to-day affairs of the Cabinet. The ministries are the most influential part of the daily-exercised executive power, and since few ministers serve for more than a year or so necessary to grab hold of the organisation, most of its power lies within the senior
bureaucrat
A bureaucrat is a member of a bureaucracy and can compose the administration of any organization of any size, although the term usually connotes someone within an institution of government.
The term ''bureaucrat'' derives from "bureaucracy", ...
s.
Below is a series of ministry-affiliated government agencies and bureaus responsible for government procedures and activities as of 23 August 2022.
*
Cabinet Office
The Cabinet Office is a department of His Majesty's Government responsible for supporting the prime minister and Cabinet. It is composed of various units that support Cabinet committees and which co-ordinate the delivery of government objecti ...
**
National Public Safety Commission
**
National Police Agency National Police may refer to the national police forces of several countries:
*Afghanistan: Afghan National Police
*Haiti: Haitian National Police
*Colombia: National Police of Colombia
*Cuba: Cuban National Police
*East Timor: National Police of E ...
**
Consumer Affairs Agency
The is an administrative agency of the Cabinet Office of Japan responsible for consumer protection established on September 1, 2009.
Under the law passed on December 10, 2022, the Consumer Affairs Agency now also has jurisdiction over the issue ...
**
Financial Services Agency
The is a Japanese government agency and an integrated financial regulator responsible for overseeing banking, securities and exchange, and insurance sectors in order to ensure the stability of the financial system of Japan. The agency operates w ...
**
Fair Trade Commission
**
Food Safety Commission
The 2002 farm bill (P.L. 101-171, Sec. 10807) directed the establishment of a Food Safety Commission composed of 15 members appointed by the President. The Commission was to report within a year to the President and the Congress on enhancing the fo ...
**
Personal Information Protection Commission
**
Imperial Household Agency
** Gender Equality Bureau
** Council on Economic and Fiscal Policy
** Atomic Energy Commission
** International Peace Cooperation
** Council for Science, Technology and Innovation
** Headquarters for Ocean Policy
** Northern Territories Affairs Administration
** Public Relations Office of the Government of Japan
*
Cabinet Secretariat
** National Information Security Centre
** National Personnel Authority
** Coordination Office of Measures on Emerging Infectious Diseases
** Headquarters for the Abduction Issue
** Cabinet Legislation Bureau
** Office of Policy Planning and Coordination on Territory and Sovereignty
*
Reconstruction Agency
The is an agency of the Japanese government established on February 10, 2012 to coordinate reconstruction activities related to the 2011 Tōhoku earthquake and tsunami and Fukushima Daiichi nuclear disaster.
Mission
According to "Role of the Re ...
*
Ministry of Internal Affairs and Communications
The is a cabinet-level ministry in the Government of Japan. Its English name was Ministry of Public Management, Home Affairs, Posts and Telecommunications (MPHPT) prior to 2004. It is housed in the 2nd Building of the Central Common Government Of ...
**
Environmental Dispute Coordination Commission
**
Fire and Disaster Management Agency
The (FDMA) is an external agency attached to the Ministry of Internal Affairs and Communications in Japan.
Background
The Fire and Disaster Management Agency was established through article 3 paragraph 2 of the 1948 National Government Organizat ...
*
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
**
Public Security Examination Commission
In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichkei ...
**
Public Security Intelligence Agency
The is the national intelligence agency of Japan. It is administered by the Ministry of Justice in the government of Japan, and is tasked with internal security and espionage against threats to Japanese national security based on the Subversive ...
**
Public Prosecutors Office
** Immigration Services Agency
*
Ministry of Foreign Affairs In many countries, the Ministry of Foreign Affairs is the government department responsible for the state's diplomacy, bilateral, and multilateral relations affairs as well as for providing support for a country's citizens who are abroad. The entit ...
*
Ministry of Finance A ministry of finance is a part of the government in most countries that is responsible for matters related to the finance.
Lists of current ministries of finance
Named "Ministry"
* Ministry of Finance (Afghanistan)
* Ministry of Finance and Ec ...
**
National Tax Agency
The is the official tax collecting agency of Japan. As of October 2018, the Commissioner of NTA is Takeshi Fujii.
Mission
Mission: To enable taxpayers to properly and smoothly fulfill their tax responsibility.
To achieve the mission stated abo ...
** Japan Customs
*
Ministry of Defense
{{unsourced, date=February 2021
A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in state ...
**
Acquisition, Technology and Logistics Agency
**
Japan Self-Defence Forces (
Ground /
Maritime
Maritime may refer to:
Geography
* Maritime Alps, a mountain range in the southwestern part of the Alps
* Maritime Region, a region in Togo
* Maritime Southeast Asia
* The Maritimes, the Canadian provinces of Nova Scotia, New Brunswick, and Princ ...
/
Air
The atmosphere of Earth is the layer of gases, known collectively as air, retained by Earth's gravity that surrounds the planet and forms its planetary atmosphere. The atmosphere of Earth protects life on Earth by creating pressure allowing f ...
)
** Joint Staff
*
Ministry of Education, Culture, Sports, Science and Technology
The , also known as MEXT or Monka-shō, is one of the eleven Ministries of Japan that composes part of the executive branch of the Government of Japan. Its goal is to improve the development of Japan in relation with the international community ...
(MEXT)
** Education Policy Bureau
** Elementary and Secondary Education Bureau
** Higher Education Bureau
** Science and Technology Policy Bureau
** Research Promotion Bureau
** Agency for Cultural Affairs
** Japan Sports Agency
** Japan Art Academy, The Japan Art Academy
** National Institute for Educational Policy Research
** National Institute of Science and Technology Policy
** Japan Academy, The Japan Academy
** Headquarters for Earthquake Research Promotion
** Japanese National Commission for UNESCO
* Ministry of Health, Labour, and Welfare
** Japan Pension Service, Pension Service
** Labour Relations Commission (Japan), Central Labour Relations Commission
* Ministry of Agriculture, Forestry and Fisheries (Japan), Ministry of Agriculture, Forestry and Fisheries
** Fisheries agency, Fisheries Agency
** Forestry Agency
* Ministry of Economy, Trade and Industry (Japan), Ministry of Economy, Trade and Industry (METI)
** Agency for Natural Resources and Energy
** Small and Medium Enterprise Agency
** Japan Patent Office
* Ministry of Land, Infrastructure, Transport and Tourism (Japan), Ministry of Land, Infrastructure, Transport and Tourism (MLIT)
** Japan Transport Safety Board
** Japan Tourism Agency
** Japan Meteorological Agency
** Japan Coast Guard
* Ministry of the Environment (Japan), Ministry of the Environment
** Nuclear Regulation Authority
*Board of Audit
Legislative
The Legislative branch organ of
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
is the . It is a bicameral legislature, composing of a lower house, the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
, and an upper house, the House of Councillors (Japan), House of Councillors. Empowered by the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
to be "the highest organ of State power" and the only "sole law-making organ of the State", its houses are both directly elected under a Parallel voting, parallel voting system and is ensured by the Constitution to have no discrimination on the qualifications of each members; whether be it based on "race, creed, sex, social status, family origin, education, property or income". The National Diet, therefore, reflects the
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
of the people; a principle of
popular sovereignty
Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any ...
whereby the supreme power lies within, in this case, the
Japanese people
The are an East Asian ethnic group native to the Japanese archipelago."人類学上は,旧石器時代あるいは縄文時代以来,現在の北海道〜沖縄諸島(南西諸島)に住んだ集団を祖先にもつ人々。" () Jap ...
.
The Diet responsibilities includes the making of laws, the approval of the annual national budget, the approval of the conclusion of treaties and the selection of the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
. In addition, it has the power to initiate draft constitutional amendments, which, if approved, are to be presented to the people for ratification in a referendum before being promulgated by the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
, in the name of the Japanese people, people. The Constitution also enables both houses to conduct investigations in relation to government, demand the presence and testimony of witnesses, and the production of records, as well as allowing either house of the Diet to demand the presence of the Prime Minister or the other Minister of State, in order to give answers or explanations whenever so required.
The Diet is also able to Impeachment, impeach Court judges convicted of criminal or irregular conduct. The Constitution, however, does not specify the voting methods, the number of members of each house, and all other matters pertaining to the method of election of the each members, and are thus, allowed to be determined for by law.
Under the provisions of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
and by law, all adults aged over 18 are eligible to vote, with a secret ballot and a universal suffrage, and those elected have certain protections from apprehension while the Diet is in session.
Speeches, debates, and votes cast in the Diet also enjoy parliamentary privileges. Each house is responsible for disciplining its own members, and all deliberations are public unless two-thirds or more of those members present passes a resolution agreeing it otherwise. The Diet also requires the presence of at least one-third of the membership of either house in order to constitute a quorum. All decisions are decided by a majority of those present, unless otherwise stated by the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, and in the case of a tie, the presiding officer has the right to decide the issue. A member cannot be expelled, however, unless a majority of two-thirds or more of those members present passes a resolution therefor.
Under the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, at least one session of the Diet must be convened each year. The
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
can also, at will, convoke extraordinary sessions of the Diet and is required to, when a quarter or more of the total members of either house demands it. During an election, only the House of Representatives is dissolved. The House of Councillors is however, not dissolved but only closed, and may, in times of national emergency, be convoked for an emergency session.
The
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
both convokes the Diet and dissolves the House of Representatives, but only does so on the advice of the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
.
For bills to become Law, they are to be first passed by both houses of the
National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
, signed by the
Ministers of State
Minister of State is a title borne by politicians in certain countries governed under a parliamentary system. In some countries a Minister of State is a Junior Minister of government, who is assigned to assist a specific Cabinet Minister. In o ...
, countersigned by the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, and then finally promulgated by the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
; however, without specifically giving the Emperor the power to oppose legislation.
House of Representatives
The is the Lower house, with the members of the house being elected once every four years, or when dissolved, for a four-year term. As of November 18, 2017, it has 465 members. Of these, 176 members are elected from 11 multi-member constituencies by a party-list system of proportional representation, and 289 are elected from single-member constituencies. 233 seats are required for majority. The House of Representatives is the more powerful house out of the two, it is able to override vetoes on bills imposed by the House of Councillors (Japan), House of Councillors with a two-thirds majority. It can, however, be dissolved by the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
at will.
Members of the house must be of Japanese nationality; those aged 18 years and older may vote, while those aged 25 years and older may run for office in the lower house.
The legislative powers of the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
is considered to be more powerful than that of the House of Councillors (Japan), House of Councillors. While the House of Councillors has the ability to veto most decisions made by the House of Representatives, some however, can only be delayed. This includes the legislation of treaties, the budget, and the selection of the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
. The Prime Minister, and collectively his
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
, can in turn, however, dissolve the House of Representatives whenever intended.
While the House of Representatives is considered to be officially dissolved upon the preparation of the document, the House is only formally dissolved by the dissolution ceremony.
The dissolution ceremony of the House is as follows:
# The document is Rubber stamp (politics), rubber stamped by the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
, and wrapped in a purple silk cloth; an indication of a document of state act, done on behalf of the people.
# The document is passed on to the Chief Cabinet Secretary at the House of Representatives President's reception room.
# The document is taken to the Chamber for preparation by the General-Secretary.
# The General-Secretary prepares the document for reading by the Speaker.
# The Speaker of the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
promptly declares the dissolution of the House.
# The House of Representatives is formally dissolved.
It is customary that, upon the dissolution of the House, members will shout the Ten thousand years#Japan, Three Cheers of Banzai (萬歲).
House of Councillors
The is the Upper house, with half the members of the house being elected once every three years, for a six-year term. As of November 18, 2017, it has 242 members. Of these, 73 are elected from the 47 prefectural districts, by single non-transferable votes, and 48 are elected from a nationwide list by proportional representation with open lists. The House of Councillors cannot be dissolved by the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
.
Members of the house must be of Japanese nationality; those aged 18 years and older may vote, while those aged 30 years and older may run for office in the upper house.
As the House of Councillors can veto a decision made by the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
, the House of Councillors can cause the House of Representatives to reconsider its decision. The House of Representatives however, can still insist on its decision by overriding the veto by the House of Councillors with a two-thirds majority of its members present. Each year, and when required, the
National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
is convoked at the House of Councillors, on the advice of the Cabinet, for an extra or an ordinary session, by the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
. A short speech is, however, usually first made by the Speaker of the House of Representatives before the Emperor proceeds to convoke the Diet with his Speech from the throne.
Judicial
The Judicial branch of
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
consists of the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, and four other lower courts; the High Courts, District Courts, Family Courts and Summary Courts. Divided into four basic tiers, the Court's independence from the executive and legislative branches are guaranteed by the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, and is stated as: "no extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power"; a feature known as the Separation of Powers.
s:Constitution of Japan#CHAPTER VI. JUDICIARY, Article 76 of the Constitution states that all the Court judges are independent in the exercise of their own conscience and that they are only bounded by the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
and the laws. Court judges are removable only by public
impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
, and can only be removed, without impeachment, when they are judicially declared mentally or physically incompetent to perform their duties.
The Constitution also explicitly denies any power for executive organs or agencies to administer disciplinary actions against judges.
However, a
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
judge may be dismissed by a majority in a referendum; of which, must occur during the first general election of the National Diet, National Diet's
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
following the judge's appointment, and also the first general election for every ten years lapse thereafter. Trials must be conducted, with judgment declared, publicly, unless the Court "unanimously determines publicity to be dangerous to public order or morals"; with the exception for trials of political offenses, offenses involving the press, and cases wherein the rights of people as guaranteed by the Constitution, which cannot be deemed and conducted privately. Court judges are appointed by the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
, in attestation of the
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), ...
, while the Chief Justice of Japan, Chief Justice is
appointed by the Emperor, after being nominated by the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
; which in practice, known to be under the recommendation of the former Chief Justice.
The law of Japan, Legal system in
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
has been historically influenced by Chinese law; developing independently during the Edo period through texts such as ''Kujikata Osadamegaki''. It has, however, changed during the
Meiji Restoration
The , referred to at the time as the , and also known as the Meiji Renovation, Revolution, Regeneration, Reform, or Renewal, was a political event that restored practical imperial rule to Japan in 1868 under Emperor Meiji. Although there were ...
, and is now largely based on the European Civil law (legal system), civil law; notably, the civil code based on the German model still remains in effect.
A Jury in Japan, quasi-jury system has recently came into use, and the legal system also includes a bill of rights since May 3, 1947. The collection of Six Codes makes up the main body of the Law of Japan, Japanese statutory law.
All Statutory Laws in
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
are required to be Rubber stamp (politics), rubber stamped by the Emperor with the , and no Law can take effect without the Cabinet of Japan, Cabinet's signature, the Prime Minister of Japan, Prime Minister's countersignature and the Emperor of Japan, Emperor's promulgation.
Supreme Court
The is the court of last resort and has the power of Judicial review; as defined by the Constitution to be "the court of last resort with power to determine the constitutionality of any law, order, regulation or official act". The Supreme Court is also responsible for nominating judges to lower courts and determining judicial procedures. It also oversees the judicial system, overseeing activities of public prosecutors, and disciplining judges and other judicial personnel.
High Courts
The has the jurisdiction to hear appeals to judgments rendered by District Courts and Family Courts, excluding cases under the jurisdiction of the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. Criminal appeals are directly handled by the High Courts, but Civil cases are first handled by District Courts. There are eight High Courts in Japan: the Tokyo, Osaka, Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo, and Takamatsu High Courts.
Penal system
The is operated by the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
. It is part of the Criminal justice system of Japan, criminal justice system, and is intended to Resocialization, resocialize, reform, and Rehabilitation (penology), rehabilitate offenders. The ministry's Correctional Bureau administers the adult prison system, the Juvenile delinquency, juvenile correctional system, and three of the women's guidance homes, while the Rehabilitation Bureau operates the probation and the parole systems.
Other government agencies
The Cabinet Public Affairs Office's Government Directory also listed a number of government agencies that are more independent from executive ministries. The list for these types of agencies can be seen below.
* Japan National Tourism Organization, Japan National Tourism Organisation (JNTO)
* Japan International Cooperation Agency (JICA)
* Japan External Trade Organization, Japan External Trade Organisation (JETRO)
* Japan Foundation, The Japan Foundation
* Bank of Japan
* Japan Mint
* National Research Bureau of Brewing (NRIB)
* State guest house, State Guest Houses (Akasaka Palace, Kyoto State Guest House)
* National Archives of Japan
* National Women's Education Centre
* NHK, Japan Broadcasting Corporation (NHK)
* National Institutes for Cultural Heritage
* Japan Arts Council
* Japan Society for the Promotion of Science (JSPS)
* JAXA, Japan Aerospace Exploration Agency (JAXA)
* Japan Science and Technology Agency (JST)
* Japan Agency for Marine-Earth Science and Technology (JAMSTEC)
* National Institute for Materials Science (JIMS)
* Japan Atomic Energy Agency (JAEA)
* New Energy and Industrial Technology Development Organization, New Energy and Industrial Technology Development Organisation (NEDO)
* National Institute of Infectious Diseases (Japan), National Institute of Infectious Diseases (NIID)
* Japan Institute for Labour Policy and Training, The Japan Institute for Labour Policy and Training
Local government
According to Article 92 of the Constitution, the are local public entities whose body and functions are defined by law in accordance with the principle of local autonomy. The main law that defines them is the Local Autonomy Law.
They are given limited executive and legislative powers by the Constitution. Governors, mayors and members of assemblies are constitutionally elected by the residents.
The Ministry of Internal Affairs and Communications intervenes significantly in local government, as do other ministries. This is done chiefly financially because many local government jobs need funding initiated by national ministries. This is dubbed as the "thirty-percent autonomy".
[三割自治 ]
The result of this power is a high level of organizational and policy standardization among the different local jurisdictions allowing them to preserve the uniqueness of their prefecture, city, or town. Some of the more collectivist jurisdictions, such as Tokyo and Kyoto, have experimented with policies in such areas as social welfare that later were adopted by the national government.
Local authorities
Japan is divided into forty-seven
administrative divisions
Administrative division, administrative unit,Article 3(1). country subdivision, administrative region, subnational entity, constituent state, as well as many similar terms, are generic names for geographical areas into which a particular, ind ...
, the Prefectures of Japan, prefectures are: one metropolitan district (Tokyo), two Fu (country subdivision), urban prefectures (Kyoto and Osaka), forty-three rural prefectures, and one "district", Hokkaidō. Large cities are subdivided into wards, and further split into towns, or precincts, or subprefectures and counties.
Cities are self-governing units administered independently of the larger jurisdictions within which they are located. In order to attain city status, a jurisdiction must have at least 500,000 inhabitants, 60 percent of whom are engaged in urban occupations. There are Self-governance, self-governing towns outside the cities as well as precincts of urban wards. Like the cities, each has its own elected mayor and assembly. Villages are the smallest self-governing entities in rural areas. They often consist of a number of rural hamlets containing several thousand people connected to one another through the formally imposed framework of village administration. Villages have mayors and councils elected to four-year terms.
Structure
Each jurisdiction has a chief executive, called a in prefectures and a in municipalities. Most jurisdictions also have a unicameral , although towns and villages may opt for direct governance by citizens in a . Both the executive and assembly are elected by popular vote every four years.
Local governments follow a modified version of the separation of powers used in the national government. An assembly may pass a vote of no confidence in the executive, in which case the executive must either dissolve the assembly within ten days or automatically lose their office. Following the next election, however, the executive remains in office unless the new assembly again passes a no confidence resolution.
The primary methods of local lawmaking are and . Ordinances, similar to statutes in the national system, are passed by the assembly and may impose limited criminal penalties for violations (up to 2 years in prison and/or 1 million yen in fines). Regulations, similar to cabinet orders in the national system, are passed by the executive unilaterally, are superseded by any conflicting ordinances, and may only impose a fine of up to 50,000 yen.
Local governments also generally have multiple committees such as school boards, public safety committees (responsible for overseeing the police), personnel committees, election committees and auditing committees.
These may be directly elected or chosen by the assembly, executive or both.
All Prefectures of Japan, prefectures are required to maintain departments of general affairs, finance, welfare, health, and labor. Departments of agriculture, fisheries, forestry, commerce, and industry are optional, depending on local needs. The Governor is responsible for all activities supported through local taxation or the national government.
See also
* Japanese honors system, Japanese honours system
* Politics of Japan
References
External links
Background notes of the US Department of State, Japan's GovernmentFacts about Japan by CIA's The World FactbookVideo of the Enthronement Ceremony of the EmperorVideo of the National Diet Convocation CeremonyVideo of the House of Representatives Dissolution Ceremony*
{{Asia topic, Government of, title=Governments of Asia, TW=Government of the Republic of China
Government of Japan,