[Emperor] [Diet] [Cabinet] [Judiciaryiary]

Emperor

The Emperor, who is the symbol of Japan and of the unity of the people of Japan, has no powers related to government, but he performs such acts in matters of state, with the advice and approval of the Cabinet, as the promulgation of amendments of the Constitution, laws, cabinet orders and treaties, the convocation of the Diet, the dissolution of the House of Representatives, the proclamation of general election of members of the Diet, the attestation of the appointment and dismissal of Ministers of State etc., and of full powers and credentials of Ambassadors and Ministers, the awarding of honors and the reception of foreign Ambassadors and Ministers. He also appoints the Prime Minister and the Chief Judge of the Supreme Court as designated by the Diet and the Cabinet respectively.

In this respect, the position of the Emperor in postwar Japan differs from that in the prewar days when the Emperor was the source of sovereign power.

The Imperial Throne is dynastic and descendant from father to son.

Diet

The Diet, composed of two Houses, namely the House of Representatives and the House of Councillors, is the highest organ of state power and the sole law-making organ of State.

The House of Representatives is composed of 480 members, of which 300 come from the single-member constituencies and 180 from the 11 regional proportional representation constituencies. The term of office of members of the House of Representatives is four years, but shall be terminated, before the full term is up, if the House is dissolved.

The House of Councillors is composed of 252 members who are also elected directly by the people, of which 100 come from the proportional representation constituency and 152 from the 47 prefectural constituencies (2-8 members per prefectural constituency). Their term of office is six years, and a half of them is elected every three years.

The universal suffrage is guaranteed, and there is no discrimination because of race, creed, sex, social status, family origin, education, property or income.

The Diet begins its 150 day ordinary session from January each year, which may be extended only once by the Diet. The Cabinet may determine to convoke extraordinary sessions whenever necessary. Each House has the Secretariat and the Legislation Bureau.

Both Houses have more or less the same power but in some exceptional cases the decision of the House of Representatives takes precedence of that of the House of Councillors.

Cabinet

Executive power is vested in the Cabinet, which consists of the Prime Minister and not more than 20 Ministers of State (including Ministers without portfolio and the Chief Cabinet Secretary) and is collectively responsible to the Diet. The Cabinet has to resign en masse when the post of Prime Minister becomes vacant or when the first session of the Diet is convoked after a general election of members of the House of Representatives. If the House of Representatives passes a nonconfidence resolution or rejects a confidence resolution the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten days.

Prime Minister, who is designated from among the members of the Diet by a resolution of the Diet and appointed by the Emperor, must be a civilian.

He appoints the Ministers of State and may dismiss them as he chooses. The Prime Minister, representing the Cabinet, submits bills to the Diet, reports to the Diet on general national affairs and foreign relations and exercises control and supervision over various administrative branches.

The Cabinet has the Prime Minister's Office and twelve Ministries, which are established by the respective Establishment Laws and are enumerated in the National Government Organization Law, as well as the Cabinet Secretariat, Cabinet Legislation Bureau, National Personnel Authority and Security Council of Japan.

There is the Board of Audit, composed of three commissioners, whose independent status is guaranteed under the Constitution.

Judiciary

The whole judicial power is vested in the Supreme Court, and in such inferior courts as High Courts, District Courts, Family Courts and Summary Courts.

No extraordinary court can be established, nor can any organ of the Executive have final judicial power.

The judges of the Supreme Court except the Chief Judge, who is appointed by the Emperor, are appointed by the Cabinet. The judges of inferior courts are also appointed by the Cabinet but only from a list of persons nominated by the Supreme Court.