Government of Japan
Encyclopedia
The government of Japan is a constitutional monarchy
where the power of the Emperor
is very limited. As a ceremonial figurehead, he is defined by the 1947 constitution
as "the symbol of the state and of the unity of the people". Power is held chiefly by the Prime Minister of Japan
and other elected members of the Diet
, while sovereignty is vested in the Japanese people
. The Emperor effectively acts as the head of state
on diplomatic occasions. Akihito
is the current Emperor of Japan. Naruhito, Crown Prince of Japan
, stands as next in line to the throne.
Japan
's legislative organ is the National Diet
, a bicameral parliament
. The Diet consists of a House of Representatives
, containing 480 seats, elected by popular vote every four years or when dissolved and a House of Councillors
of 242 seats, whose popularly elected members serve six-year terms. There is universal suffrage
for adults over 20 years of age, with a secret ballot
for all elective offices. In 2009, the social liberal
Democratic Party of Japan
took power after 54 years of the liberal conservative
Liberal Democratic Party
's rule.
The Prime Minister of Japan is the head of government
. The position is appointed by the Emperor of Japan
after being designated by the Diet
from among its members and must enjoy the confidence of the House of Representatives
to remain in office. The Prime Minister is the head of the Cabinet
(the literal translation of his Japanese title is "Prime Minister of the Cabinet") and appoints and dismisses the Ministers of State
, a majority of whom must be Diet members. Yoshihiko Noda
currently serves as the Prime Minister of Japan.
Historically influenced by Chinese law
, the Japanese legal system developed independently during the Edo period
through texts such as Kujikata Osadamegaki
. However, since the late nineteenth century, the judicial system
has been largely based on the civil law
of Europe
, notably France
and Germany
. For example, in 1896, the Japanese government established a civil code
based on the German model. With post–World War II modifications, the code remains in effect in present-day Japan. Statutory law originates in Japan's legislature, the National Diet of Japan, with the rubber stamp
approval of the Emperor. The current constitution requires that the Emperor promulgates legislation passed by the Diet, without specifically giving him the power to oppose the passing of the legislation. Japan's court system is divided into four basic tiers: the Supreme Court
and three levels of lower courts. The main body of Japanese statutory law is a collection called the Six Codes
.
are directly elected under a parallel voting system
.
The Diet has the legislative function of tabling and passing of Bills. It has several powers not given to but is voted down by the House of Councillors, the House of Representatives can override the decision of the other chamber. In the case of treaties, the budget
, and the selection of the prime minister, however, the House of Councillors can only delay passage, but not block the legislation.
. The remaining 96 are elected by party list PR from a single national list.
(since 2 September 2011)
, and the Supreme Court has the right of judicial review
. Japan does not have administrative court
s or claims courts, and the jury system has only come into use relatively recently. Because of the judicial system's basis, court decisions are the final judicial authority.
The judicial branch is independent of the other two. Its judges are appointed by the Emperor as directed by the Cabinet.
in which local jurisdictions largely depend on national government financially. 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 "thirty-percent autonomy."
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.
: one metropolitan district (Tokyo), two 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 subprefecture 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 30,000 inhabitants, 60 percent of whom are engaged in urban occupations. There are 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.
, a statute applied nationwide in 1947.
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 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.
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
where the power of the Emperor
Emperor of Japan
The Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
is very limited. As a ceremonial figurehead, he is defined by the 1947 constitution
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
as "the symbol of the state and of the unity of the people". Power is held chiefly by the Prime Minister of Japan
Prime Minister of Japan
The is the head of government of Japan. He is appointed by the Emperor of Japan after being designated by the Diet from among its members, and must enjoy the confidence of the House of Representatives to remain in office...
and other elected members of the Diet
Diet of Japan
The is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
, while sovereignty is vested in the Japanese people
Japanese people
The are an ethnic group originating in the Japanese archipelago and are the predominant ethnic group of Japan. Worldwide, approximately 130 million people are of Japanese descent; of these, approximately 127 million are residents of Japan. People of Japanese ancestry who live in other countries...
. The Emperor effectively acts as the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
on diplomatic occasions. Akihito
Akihito
is the current , the 125th emperor of his line according to Japan's traditional order of succession. He acceded to the throne in 1989.-Name:In Japan, the emperor is never referred to by his given name, but rather is referred to as "His Imperial Majesty the Emperor" which may be shortened to . In...
is the current Emperor of Japan. Naruhito, Crown Prince of Japan
Naruhito, Crown Prince of Japan
is the eldest son of Emperor Akihito and Empress Michiko, which makes him the heir apparent to the Chrysanthemum Throne of Japan.-Early life and education:...
, stands as next in line to the throne.
Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
's legislative organ is the National Diet
Diet of Japan
The is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
, a bicameral parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
. The Diet consists of a House of Representatives
House of Representatives of Japan
The is the lower house of the Diet of Japan. The House of Councillors of Japan is the upper house.The House of Representatives has 480 members, elected for a four-year term. Of these, 180 members are elected from 11 multi-member constituencies by a party-list system of proportional representation,...
, containing 480 seats, elected by popular vote every four years or when dissolved and a House of Councillors
House of Councillors
The is the upper house of the 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 designation of the prime minister, the House of Representatives...
of 242 seats, whose popularly elected members serve six-year terms. There is universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
for adults over 20 years of age, with a secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
for all elective offices. In 2009, the social liberal
Social liberalism
Social liberalism is the belief that liberalism should include social justice. It differs from classical liberalism in that it believes the legitimate role of the state includes addressing economic and social issues such as unemployment, health care, and education while simultaneously expanding...
Democratic Party of Japan
Democratic Party of Japan
The is a political party in Japan founded in 1998 by the merger of several opposition parties. Its socially liberal platform is generally considered center-left in the Japanese political spectrum...
took power after 54 years of the liberal conservative
Liberal conservatism
Liberal conservatism also known as progressive conservatism is a variant of political conservatism which incorporates liberal elements. As "conservatism" and "liberalism" have had different meanings over time and across countries, the term "liberal conservatism" has been used in quite different...
Liberal Democratic Party
Liberal Democratic Party (Japan)
The , frequently abbreviated to LDP or , is a centre-right political party in Japan. It is one of the most consistently successful political parties in the democratic world. The LDP ruled almost continuously for nearly 54 years from its founding in 1955 until its defeat in the 2009 election...
's rule.
The Prime Minister of Japan is the head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
. The position is appointed by the Emperor of Japan
Emperor of Japan
The Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
after being designated by the Diet
Diet of Japan
The is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
from among its members and must enjoy the confidence of the House of Representatives
House of Representatives of Japan
The is the lower house of the Diet of Japan. The House of Councillors of Japan is the upper house.The House of Representatives has 480 members, elected for a four-year term. Of these, 180 members are elected from 11 multi-member constituencies by a party-list system of proportional representation,...
to remain in office. The Prime Minister is the head of the Cabinet
Cabinet of Japan
The of Japan is the executive branch of the government of Japan. It consists of the Prime Minister and up to fourteen other members, called Ministers of State. The Prime Minister is designated by the Diet, and the remaining ministers are appointed and dismissed by the Prime Minister...
(the literal translation of his Japanese title is "Prime Minister of the Cabinet") and appoints and dismisses the Ministers of State
Minister of State
Minister of State is a title borne by politicians or officials in certain countries governed under a parliamentary system. In some countries a "minister of state" is a junior minister, who is assigned to assist a specific cabinet minister...
, a majority of whom must be Diet members. Yoshihiko Noda
Yoshihiko Noda
is the current Prime Minister of Japan, a member of the Democratic Party of Japan , and a member of the House of Representatives in the Diet...
currently serves as the Prime Minister of Japan.
Historically influenced by Chinese law
Chinese law
Chinese law is one of the oldest legal traditions in the world. In the 20th and 21st century, law in China has been a complex mix of traditional Chinese approaches and Western influences....
, the Japanese legal system developed independently during the Edo period
Edo period
The , or , is a division of Japanese history which was ruled by the shoguns of the Tokugawa family, running from 1603 to 1868. The political entity of this period was the Tokugawa shogunate....
through texts such as Kujikata Osadamegaki
Kujikata Osadamegaki
Kujikata Osadamegaki was a two-volume rulebook for Japanese judicial bureaucrats during the Edo Period...
. However, since the late nineteenth century, the judicial system
Judicial system of Japan
In the judicial system of Japan, the postwar constitution guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws"...
has been largely based on the civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
of Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, notably France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. For example, in 1896, the Japanese government established a civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
based on the German model. With post–World War II modifications, the code remains in effect in present-day Japan. Statutory law originates in Japan's legislature, the National Diet of Japan, with the rubber stamp
Rubber stamp (politics)
A rubber stamp, as a political metaphor, refers to a person or institution with considerable de jure power but little de facto power; one that rarely disagrees with more powerful organs....
approval of the Emperor. The current constitution requires that the Emperor promulgates legislation passed by the Diet, without specifically giving him the power to oppose the passing of the legislation. Japan's court system is divided into four basic tiers: the Supreme Court
Supreme Court of Japan
The Supreme Court of Japan , located in Chiyoda, Tokyo is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law...
and three levels of lower courts. The main body of Japanese statutory law is a collection called the Six Codes
Six Codes
Six Codes, , refers to the six main legal codes that make up the main body of law in Republic of China , Republic of Korea and Japan ....
.
Legislative branch
The National Diet of Japan is Japan's legislature. It consists of two houses: the House of Representatives of Japan and the House of Councillors. Both houses of the DietDiet (assembly)
In politics, a diet is a formal deliberative assembly. The term is mainly used historically for the Imperial Diet, the general assembly of the Imperial Estates of the Holy Roman Empire, and for the legislative bodies of certain countries.-Etymology:...
are directly elected under a parallel voting system
Parallel voting
Parallel voting describes a mixed voting system where voters in effect participate in two separate elections for a single chamber using different systems, and where the results in one election have little or no impact on the results of the other...
.
The Diet has the legislative function of tabling and passing of Bills. It has several powers not given to but is voted down by the House of Councillors, the House of Representatives can override the decision of the other chamber. In the case of treaties, the budget
Budget
A budget is a financial plan and a list of all planned expenses and revenues. It is a plan for saving, borrowing and spending. A budget is an important concept in microeconomics, which uses a budget line to illustrate the trade-offs between two or more goods...
, and the selection of the prime minister, however, the House of Councillors can only delay passage, but not block the legislation.
House of Councillors
Of the 242 members in the House of Councillors, 146 are elected from 47 prefectural constituencies by means of the Single Non-Transferable VoteSingle non-transferable vote
The single non-transferable vote or SNTV is an electoral system used in multi-member constituency elections.- Voting :In any election, each voter casts one vote for one candidate in a multi-candidate race for multiple offices. Posts are filled by the candidates with the most votes...
. The remaining 96 are elected by party list PR from a single national list.
Executive branch
The executive branch reports to the Diet. The chief of the executive branch, the Prime Minister, is appointed by the Emperor as directed by the Diet. He must be a member of either house of the Diet and a civilian. The Cabinet, which he organizes, must also be civilian. The Constitution states that the majority of the Cabinet must be elected members of either house of the Diet, the precise wording leaving an opportunity to appoint non-elected officials.Prime Minister
Yoshihiko NodaYoshihiko Noda
is the current Prime Minister of Japan, a member of the Democratic Party of Japan , and a member of the House of Representatives in the Diet...
(since 2 September 2011)
Ministries
| Cabinet Office |
Judicial branch
Consists of several levels of courts, with the Supreme Court, as drawn up on May 3, 1947, includes a bill of rights similar to the United States Bill of RightsUnited States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, and the Supreme Court has the right of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. Japan does not have administrative court
Administrative court
Greece, as a civil law country has administrative courts. The establishment of those courts can be found in article 94 of the Constitution of the Hellenic Republic 1975, as revised in 2001. The administrative courts are composed from districts Courts of First Instance, district Courts of Appeal and...
s or claims courts, and the jury system has only come into use relatively recently. Because of the judicial system's basis, court decisions are the final judicial authority.
The judicial branch is independent of the other two. Its judges are appointed by the Emperor as directed by the Cabinet.
Local government
Japan has a unitary system of governmentUnitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
in which local jurisdictions largely depend on national government financially. The Ministry of Internal Affairs and Communications
Ministry of Internal Affairs and Communications
The ' or Ministry of Internal Affairs and Communications is a cabinet-level ministry in the Government of Japan. The English name Ministry of Public Management, Home Affairs, Posts and Telecommunications was used prior to 2004...
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 "thirty-percent autonomy."
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
Prefecture
A prefecture is an administrative jurisdiction or subdivision in any of various countries and within some international church structures, and in antiquity a Roman district governed by an appointed prefect.-Antiquity:...
, city, or town. Some of the more collectivist jurisdictions, such as Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
and Kyoto
Kyoto
is a city in the central part of the island of Honshū, Japan. It has a population close to 1.5 million. Formerly the imperial capital of Japan, it is now the capital of Kyoto Prefecture, as well as a major part of the Osaka-Kobe-Kyoto metropolitan area.-History:...
, 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, the prefecturesPrefectures of Japan
The prefectures of Japan are the country's 47 subnational jurisdictions: one "metropolis" , Tokyo; one "circuit" , Hokkaidō; two urban prefectures , Osaka and Kyoto; and 43 other prefectures . In Japanese, they are commonly referred to as...
: one metropolitan district (Tokyo), two urban prefectures (Kyoto and Osaka
Osaka
is a city in the Kansai region of Japan's main island of Honshu, a designated city under the Local Autonomy Law, the capital city of Osaka Prefecture and also the biggest part of Keihanshin area, which is represented by three major cities of Japan, Kyoto, Osaka and Kobe...
), forty-three rural prefectures, and one "district", Hokkaidō
Hokkaido
, formerly known as Ezo, Yezo, Yeso, or Yesso, is Japan's second largest island; it is also the largest and northernmost of Japan's 47 prefectural-level subdivisions. The Tsugaru Strait separates Hokkaido from Honshu, although the two islands are connected by the underwater railway Seikan Tunnel...
. Large cities are subdivided into wards, and further split into towns, or precincts, or subprefecture 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 30,000 inhabitants, 60 percent of whom are engaged in urban occupations. There are 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 of local government
All prefectural and municipal governments in Japan are organized following the Local Autonomy LawLocal Autonomy Law
The Local Autonomy Law of Japan was passed as Law No. 67 on April 17, 1947, an Act of Devolution that established most of Japan's contemporary local government structures, including prefectures, municipalities and other entities....
, a statute applied nationwide in 1947.
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
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
), personnel committees, election committees and auditing committees. These may be directly elected or chosen by the assembly, executive or both.
All 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
- Civil service of JapanCivil service of JapanThe Japanese civil service has over one million employees, with 400,000 workers in postal service, or Japan Post , being the biggest part, whilst the Japanese Self-Defence Force being the second biggest, with 247,000 personnel...
- Government-business relations in JapanGovernment-business relations in JapanGovernment-business relations are conducted in many ways and through numerous channels in Japan. The most important conduits in the postwar period are the economic ministries: the Ministry of Finance and the Ministry of Economy, Trade and Industry...
- Japanese public corporationsJapanese public corporationsAlthough the Japanese economy is largely based on private enterprise, it does have a number of government-owned corporations, which are more extensive and, in some cases, different in function from what exists in the United States.- History :...
- List of Japanese government and military commanders of World War II
- Hideyo Noguchi Africa PrizeHideyo Noguchi Africa PrizeThe honors men and women "with outstanding achievements in the fields of medical research and medical services to combat infectious and other diseases in Africa, thus contributing to the health and welfare of the African people and of all humankind." The prize, officially named "The Prize in...