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Home , Government of Japan

Japanese Democracy

Shigemi JOMORI Ambassador of

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 Restoration (the beginning of Modern Japan) -Shogun→the Emperor Meiji 1889 () - 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 Japan’s Defeat in WWII 1946 GHQ→ the MacArthur draft of Constitution 1947 (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 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 is vested in the Japanese people. • Japan’s legislative organ is the , 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 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 of , notably Germany. For example, in 1896, the Japanese government established a based on a draft of the German Burgerliches Gesetzbuch; with post- World 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 National Diet House of Representatives Prime Minister House House & of of Ministers Representatives Councillors

Appointment of the Designation of the Prime Minister Prime Minister

Jurisdiction of an Designation of the Election administrative Chief Judge of the legal case Supreme Court

Court People National review of Appointment of the Supreme Court the Chief Judge of Judges the Supreme Court Government of Japan

Cabinet Diet Courts (PM & Ministers)

Cabinet House of Supreme Legislation Bureau Representatives Court (1) (480 elected Imperial Cabinet High Courts members, 4yr) Household Office (8) Agency House of 12 Ministries: (Max 14 + 3) District Courts Councilors Finance/ Internal Affairs / (50) (252 elected Foreign Affairs/ Justice/ members, 6yr) Education, Culture, Sports, Family Science & Technology/ Health, Courts (50) Judges Labor / Agriculture/ Economy, Trade and Industry/ Summary Court Defense/Environment/ Courts (438) Infrastructure 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 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. Coalition parties:325 Both Houses are directly elected by people. (LDP 294, Komeito 31) The House of Representatives (lower): 4yr The House of Councillors (upper): 6yr • Only the lower house is dissolved. • The lower house is more powerful. The House of Representatives → 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. Coalition parties:134 → In the case of other law drafts, the lower house (LDP 114, Komeito 20) can override a result of voting in the by 2/3 majority. • 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 Supreme Court based on the three court system (1) High Courts • There is no constitutional court. (8) → A judge about the constitutionality is District Courts done by the Supreme Court. (50) Family • In the final appeal, the court Courts (50) deliberates only points of law. Summary (Consistency in law is deliberated in the Courts (438) Cabinet Legislation Bureau in advance.) PM Abe decided an early election this week. • The Abe government The House of -Since December 2012, 4-year term Representatives -Coalition enjoys majority of seats in the (480 seats) both Houses. Coalition: LDP (294) -Approval rating: more than 50% (October: 47.9%) Komeito (31) Total : 325 seats (67.7%) • Early election - Nov. 18 2014, PM announced his intention to dissolve the lower house. And today it was dissolved. The House of -Dec. 14 2014, voting day Councillors • Aim : to seek the people’s will to stop a (242 seats) consumption tax increase (8%→10%) Coalition: LDP (114) Komeito (20) • New government will be formed in December Total : 134 seats (55.4%) (In the last election, it took only 10 days to form the Cabinet after the election)