Japanese Democracy
Shigemi JOMORI
Ambassador of Japan
21st November 2014
Faculty of Social Sciences
University of Ljubljana
History of Japanese Democracy
1603-1867 Tokugawa Shogunate
-Shogun + several ministers + about 280 feudal domain(Han)
1867 Meiji Restoration (the beginning of Modern Japan)
-Shogun→the Emperor Meiji
1889 Meiji Constitution (Constitutional Monarchy)
- referred to the Prusso-German model
- (article 3.) The Emperor is sacred and inviolable.
(article 55.) The Ministers shall give their advice to the Emperor and be
responsible for it. All Laws, Imperial Ordinances etc require the
countersignature of a Minister.
1945
1946
1947
Japan’s Defeat in WWII
GHQ→ the MacArthur draft of Constitution
Constitution of Japan (no amendment till now)
- (article 1.)The Emperor shall be the symbol of the State and of the unity
of the people.
- (article 9.) the Japanese people forever renounce war as a sovereign right
of the nation and the threat or use of force as means of settling
international disputes.
Government and Politics (Wikipedia:Japan)
• Japan is a constitutional monarchy where the power of the
Emperor is very limited. As a ceremonial figurehead, he is
defined by the constitution as “the symbol of the state and of
the unity of the people.” Power is held chiefly by the Prime
Minister and other elected members of the Diet, while
sovereignty is vested in the Japanese people.
• Japan’s legislative organ is the National Diet, a bicameral
parliament. The Diet consists of a House of Representatives
with 480 seats, four years or when dissolved, and a House of
Councillors of 242 seats, for six-year terms.
• The Diet is dominated Liberal Democratic Party(LDP). The
LDP has enjoyed near continuous electoral success since 1955,
except for a brief 11 month period between 1993 and 1994,
and from 2009 to 2012.
Government and Politics (Wikipedia:Japan)
• The Prime Minister of Japan is appointed by the Emperor after
being designated by the Diet from among its members. He
appoints and dismisses the Ministers of State. Although the
Prime Minister formally appointed by the Emperor, the
Constitution of Japan explicitly requires the Emperor to appoint
whoever is designated by the Diet.
• Since the late 19th century, the judicial system has been largely
based on the civil law of Europe, notably Germany. For example,
in 1896, the Japanese government established a civil code based
on a draft of the German Burgerliches Gesetzbuch; with postWorld War II modifications, the code remains in effect.
• Japan’s court system is divided into four basic tiers: the
Supreme Court and three levels of lower courts.
The Emperor
The advice and
approval
Symbol of Japan
Dissolution of the
House of
Representatives
Cabinet
Prime Minister
&
Ministers
National Diet
House
of
Representatives
Designation of the
Prime Minister
Appointment of the
Prime Minister
Jurisdiction of an
administrative
legal case
Designation of the
Chief Judge of the
Supreme Court
Court
Appointment of
the Chief Judge of
the Supreme Court
House
of
Councillors
Election
People
National review of
the Supreme Court
Judges
Government of Japan
Diet
House of
Representatives
(480 elected
members, 4yr)
House of
Councilors
(252 elected
members, 6yr)
Judges
Impeachment
Court
Cabinet
(PM & Ministers)
Cabinet
Legislation Bureau
Cabinet
Office
Imperial
Household
Agency
12 Ministries: (Max 14 + 3)
Finance/ Internal Affairs /
Foreign Affairs/ Justice/
Education, Culture, Sports,
Science & Technology/ Health,
Labor / Agriculture/ Economy,
Trade and Industry/
Defense/Environment/
Infrastructure
Courts
Supreme
Court (1)
High Courts
(8)
District Courts
(50)
Family
Courts (50)
Summary
Courts (438)
Differences between Japan and Slovenia
(Prime Minister & the Cabinet)
• PM is designated by the Diet and appointed by the
Emperor.
Qualifications: (1)must be a member of the Diet.
(2)must be a civilian.
→PM appoints all cabinet ministers and can dismiss
them at any time.
→PM may dissolve the lower house of the Diet
→It does not require an approval of the Diet
●PM is usually selected from the head of the biggest coalition party.
●Each ministry has state ministers and parliamentary vice-ministers
(total about 50)→ all of them are members of the Diet
Differences between Japan and Slovenia
(the National Diet)
• The diet in Japan is bicameral system.
Both Houses are directly elected by people.
The House of Representatives (lower): 4yr
The House of Councillors (upper): 6yr
• Only the lower house is dissolved.
• The lower house is more powerful.
→ In the case of a budget or an a candidate for PM,
the decision of the lower house is deemed to be
the decision of the Diet.
→ In the case of other law drafts, the lower house
can override a result of voting in the upper house
by 2/3 majority.
Coalition parties:325
(LDP 294, Komeito 31)
The House of Representatives
Coalition parties:134
(LDP 114, Komeito 20)
• Parliamentary constitutional monarchy
→ More than half of ministers should be from the
members of the Diet. (Now all of them are MDs.)
• Self –discipline has become higher.
The House of Councillors
Differences between Japan and Slovenia
(Judicial System)
• In principle, judicial procedure is
based on the three court system
• There is no constitutional court.
→ A judge about the constitutionality is
done by the Supreme Court.
• In the final appeal, the court
deliberates only points of law.
(Consistency in law is deliberated in the
Cabinet Legislation Bureau in advance.)
Supreme Court
(1)
High Courts
(8)
District Courts
(50)
Family
Courts (50)
Summary
Courts (438)
PM Abe decided an early election this week.
• The Abe government
-Since December 2012, 4-year term
-Coalition enjoys majority of seats in the
both Houses.
-Approval rating: more than 50% (October: 47.9%)
• Early election
- Nov. 18 2014, PM announced his intention to dissolve
the lower house. And today it was dissolved.
-Dec. 14 2014, voting day
• Aim : to seek the people’s will to stop a
consumption tax increase (8%→10%)
• New government will be formed in December
(In the last election, it took only 10 days to form the
Cabinet after the election)
The House of
Representatives
(480 seats)
Coalition: LDP (294)
Komeito (31)
Total : 325 seats (67.7%)
The House of
Councillors
(242 seats)
Coalition: LDP (114)
Komeito (20)
Total : 134 seats (55.4%)