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$Unique_ID{bob00361}
$Pretitle{}
$Title{Japan
Government and Diplomacy}
$Subtitle{}
$Author{International Society for Educational Information, Inc.}
$Affiliation{Embassy of Japan, Washington DC}
$Subject{house
party
emperor
japan
diet
members
representatives
prince
elected
court
see
tables
}
$Date{1989}
$Log{See Table 2.*0036101.tab
}
Title: Japan
Book: The Japan of Today
Author: International Society for Educational Information, Inc.
Affiliation: Embassy of Japan, Washington DC
Date: 1989
Government and Diplomacy
Government
The Constitution and the Emperor
In Japan's Constitution, which was promulgated on November 3, 1946,
and took effect on May 3 the following year, the Japanese people pledge to
uphold the high ideals of peace and democratic order. The preamble of
the Constitution states: "We, the Japanese people, desire peace for all
time....We desire to occupy an honored place in an international society
striving for the preservation of peace, and the banishment of tyranny and
slavery, oppression and intolerance for all time from the earth."
The Constitution differs in many important respects from the Meiji
Constitution of 1889. Some of its key provisions are as follows:
-The Emperor is the symbol of the state and of the unity of the people.
Sovereign power rests with the people.
-Japan renounces war as a sovereign right. It also renounces the threat
or the use of force as means of settling disputes with other nations.
-Fundamental human rights are guaranteed as eternal and inviolable.
-The former House of Peers is replaced by the House of Councillors,
whose members, like those of the House of Representatives, are elected
as representatives of all the people. The House of Representatives has
preeminence over the House of Councillors.
-Executive power is vested in the cabinet, which is collectively
responsible to the Diet.
-Local self-government is established on an extensive scale.
-The Emperor has no powers related to government; he performs
only those acts of state that are stipulated in the Constitution. Thus,
for example, he appoints the prime minister and the chief justice of
the Supreme Court. The prime minister, however, is first designated
by the Diet, and the chief justice by the cabinet. The Emperor also
performs such acts on behalf of the people as promulgating laws and
treaties, convoking the Diet, and awarding honors, all with the advice
and approval of the cabinet.
The Imperial Family
His Majesty Emperor Akihito acceded to the throne as japan's emperor
on January 7, 1989, upon the demise of Emperor Hirohito (posthumously
named Emperor Showa). In his first audience with representatives of
the nation Emperor Akihito pledged to observe the Constitution and
expressed his wish for the further development of the nation, world
peace, and the promotion of human well-being. Emperor Akihito was
born in Tokyo on December 23, 1933, the first son of Emperor Hirohito
and Empress Nagako. While he was Crown Prince, Emperor Akihito studied
at Gakushuin elementary, junior high, and senior high schools until 1952
and at Gakushuin University until 1956. In addition to his education at
Gakushuin, he received private tutoring on many subjects, including the
Constitution of Japan. In April 1959 then Crown Prince Akihito married
Shoda Michiko (now Her Majesty Empress Michiko), the eldest daughter
of the former president of a major flour manufacturing company.
The late Emperor Hirohito, who was born in Tokyo on April 29, 1901,
became the longest-reigning (62 years) and the longest-living (87 years)
emperor in Japanese history. Her Majesty the Empress Dowager Nagako,
the eldest daughter of the late Prince Kuni, was born in Tokyo on March
6, 1903. She married then Crown Prince Hirohito on January 26, 1924,
and became Empress in December 1926.
Emperor Akihito and Empress Michiko have three children. The
oldest, His Imperial Highness Crown Prince Naruhito (also known as
Prince Hiro), was born on February 23, 1960. Crown Prince Naruhito
graduated from the Department of History in the Faculty of Letters of
Gakushuin University in March 1982 and went on to take the first part
of the doctoral course in history in the Graduate School of Humanities
at the same university, specializing in the medieval history of Japan. In
July 1983 he went to the United Kingdom, where he entered the Graduate
School of Oxford University the following October, studying commodity
transport on the River Thames in the latter half of the eighteenth
century at Merton College. After his return to Japan, he resumed his
studies at the Graduate School of Gakushuin University.
Their Majesties' other two children are Prince Fumihito, who was
born on November 30, 1965 and has the title of Aya-no-Miya (Prince
Aya), and Princess Sayako, who was born on April 18,1969 and has the
title of Nori-no-Miya (Princess Nori).
Emperor Akihito's younger brother is Prince Hitachi, who married
Princess Hanako in September 1964. Other members of the Imperial
Family include Princess Chichibu, Princess Takamatsu, Prince and Princess
Mikasa, Prince and Princess Tomohito of Mikasa, Prince Katsura, and
Prince and Princess Takamado. (The last three princes are sons of Prince
Mikasa, who is the younger brother of the late Emperor Hirohito. Prince
Chichibu and Prince Takamatsu, who were younger brothers of the late
Emperor, are deceased).
With the abolition of the peerage after the war, only members of the
Imperial Family retain princely titles. The daughters of the late Emperor
Hirohito, who are married, no longer retain their imperial titles.
Legislature
The National Diet is the highest organ of state power and the sole
law-making body in Japan. It consists of the House of Representatives with
512 seats and the House of Councillors with 252 seats. The members of
the House of Representatives are elected for a term of four years, but this
term may be terminated before the expiry of the four years if the house is
dissolved. Members are elected from 130 constituencies, which, with one
exception, are multimember constituencies of two to six members, depending
on the size of the population.
Members of the House of Councillors are elected for a term of six
years. Half of the members are elected every three years. One hundred
members are elected by proportional representation from what is called
the national constituency, which means that they are elected by voters
throughout the country. The remaining 152 members are elected from
47 prefectural constituencies.
Sessions of the House of Representatives and House of Councillors
include ordinary sessions, extraordinary sessions, and special sessions.
Ordinary sessions of the Diet are convened once a year in December and
last for 150 days. The most important bill submitted at an ordinary session
is the state budget for the next fiscal year. The House of Representatives
has the right to prior deliberation on the budget bill drafted and submitted
to the Diet by the cabinet. The lower house is also given precedence over the
House of Councillors in designating a new prime minister and considering the
conclusion of treaties.
The House of Representatives has the power to submit motions of
non-confidence or confidence in the cabinet. This is the most important
power of the lower house in parliamentary politics. The House of
Councillors is not legally empowered to introduce nonconfidence motions.
The speaker and vice-speaker of the House of Representatives, and the
president and vice-president of the House of Councillors, have the duty
of maintaining order in the chamber and overseeing the business of the
day. To ensure the impartiality of Diet proceedings, all four of them
customarily renounce their party affiliation. The House of Councillors can
temporarily replace the House of Representatives in the execution of
Diet functions if and when the cabinet convenes an emergency session
of the upper house while the lower house is dissolved.
Japanese citizens aged 25 years and over are eligible for election to
the House of Representatives, and those aged 30 years and over may be
elected to the House of Councillors. Japan has universal adult suffrage,
with all men and women aged 20 years and over eligible to vote in all
elections.
Political parties
Japan's first political party, the Public Society of Patriots (Aikoku
Koto), was formed in 1874 and immediately presented the Government with a
paper calling for the establishment of a representative legislature.
The country's first general election was held 16 years later, on July 1,
1890, and the first session of the Diet was convened on November 29
of the same year. Japan's Diet was the first national legislature to be
established in Asia.
The role of political parties in national affairs grew in the following
decades, but the ascent of militarism in the period leading up to World
War II led to a decline in the influence of the parties and ultimately to
their temporary dissolution.
The six major political parties in Japan now are the Liberal Democratic
Party, Japan Socialist Party, Komeito, Democratic Socialist Party, Japan
Communist Party, and United Social Democratic Party.
The ruling Liberal Democratic Party, Japan's major conservative
political group, was formed in 1955 through the merger of two
conservative parties founded after World War II. The LDP has continued to
govern without a break since 1955. The party president is elected by LDP
members of the House of Representatives and House of Councillors for a
two-year term. When there are four or more candidates for the post, the top
three candidates are chosen through direct voting in a primary election by
party members, and then the president is elected from among these three
candidates by LDP Diet members. Current party rules stipulate that a
president can serve no more than two terms in office.
The basic planks of the LDP's policy are (1) to perfect Japan as a
cultural and democratic state by enhancing the functions of existing
institutions in line with the best principles of democracy; (2) to seek to
build a self-reliant and independent Japan; (3) to strive for improved
international relations on the basis of universal justice for a
human-kind that aspires for peace and freedom; and (4) to plan and implement
a comprehensive economic program based on individual initiative and free
enterprise, keeping in mind the welfare of the public, and to stabilize
the people's livelihood and achieve a welfare state.
At the heart of the LDP's foreign policy platform is its support for
cooperative relations between Japan and the United States based on the
Treaty of Mutual Cooperation and Security between the two countries.
The party also stresses the importance of Japan's making an active
contribution to the international community through increased economic
assistance to developing countries.
The Japan Socialist Party was first formed in November 1945 through
a merger of different proletarian parties of prewar days. After a split
into left-and right-wing parties in 1951, the unified party made a second
appearance in October 1955. Its objective is the realization of socialism
through a "peaceful and democratic revolution" while upholding the present
Constitution. In July 1986 Doi Takako was elected chairwoman of the JSP,
thereby becoming the first woman to head a major political party in Japan.
The Komeito (Clean Government Party) was formed in November 1964,
originally as the political arm of the Soka Gakkai, a lay body of the
Nichiren Shoshu sect of Buddhism. Participating in its first general
election in January 1967, the party succeeded in having 25 of its
candidates elected to the House of Representatives. The Komeito has since
declared its independence from religion. Its aims include the construction
of a welfare society based on the concept of "humanitarian socialism".
[See Table 2.: Political Strengths in the National Diet (as of January 11,
1989)]
The Democratic Socialist Party was formed in January 1960 by a group
that broke away from the JSP the previous year. It stands against extreme
ideologies and is dedicated to the creation of a socialist society through
democratic processes. According to the party's platform, the DSP, which
endeavors to "overcome capitalism and totalitarianism, whether of the left
or of the right," is not a class party but "a popular party that
recognizes the diversity of interests among various social groups and at
the same time the existence of common national interests."
The Japan Communist Party was founded as an underground political
association in July 1922. It came out into the open as a legal party after
World War II. The JCP aims at the realization of a communist society in
Japan through "a democratic revolution of the people and a subsequent
socialist revolution."
The United Social Democratic Party was officially formed in March
1978 through the merger of two minor political groups, one of three Diet
members who bolted the Socialist Party the previous year and the other
of three Diet members in the Socialist Citizen's League. Its objective
is the realization of a "new and liberal socialism."
Executive
Executive power is vested in the cabinet, which consists of the prime
minister and not more than 20 ministers of state and is collectively
responsible to the Diet. The Prime minister, who is designated by the Diet
and must be a member of the Diet, has the power to appoint and dismiss
the ministers of state, all of whom must be civilians and a majority of
whom must be members of the Diet.
If the House of Representatives passes a resolution of nonconfidence
or rejects a resolution of confidence in the Government, the cabinet must
resign unless the House of Representatives is dissolved within 10 days.
As of March 1988 there were 12 ministries and 32 agencies, in addition
to the Prime Minister's Office, and a total of 1.18 million government
employees, including 273,000 personnel of the Self-Defense Forces. In
addition to these, there is a Board of Audit, an independent constitutional
body, which is responsible for the annual auditing of the accounts of the
state.
Japan is divided into 47 prefectures, including the Tokyo metropolis,
and local administration is conducted at the levels of prefectural, city,
town, and village governments, each with their respective assemblies. The
prefectural governors and city, town, and village mayors, as well as the
members of the local assemblies, are elected by the registered voters within
the district concerned. As of April 1987 local governments had a total of 3.22
million employees, including 1.31 million teachers and 247,000 police
officers.
Judiciary
The judiciary, which is completely independent of the executive and
legislative branches of government, consists of the Supreme Court, eight high
courts, a district court in each of the prefectures except Hokkaido, which has
four, and a number of summary courts. In addition, there are many family
courts to adjudicate domestic complaints.
The Supreme Court is composed of a chief justice and 14 other justices.
The chief justice is appointed by the Emperor upon designation by the cabinet,
and the 14 other justices are appointed by the cabinet. The appointment of the
justices of the Supreme Court is reviewed in a national referendum, held
during the first general election for the House of Representatives following
their appointment; the reappointment of justices after a 10-year term is
likewise reviewed. The Supreme Court is the court of last resort in
determining the constitutionality of any law, order, regulation, or official
act.
The lower court judges are appointed by the cabinet from a list of
persons nominated by the Supreme Court. All lower court judges are appointed
for 10 years, although there is no restriction on their reappointment.
All judges are independent in the exercise of their conscience and are
bound only by the Constitution and the laws enacted thereunder. Judges can
only be removed if so ordered by a court of impeachment, consisting of members
of the House of Representatives and the House of Councilors, or if they are
judicially declared mentally or physically incompetent to perform their
official duties. Every judge must retire at an age set by law.
Trials must be conducted and judgment declared publicly, unless a court
unanimously determines publicity to be dangerous to public order or morals.
However, trials of political offenses, offenses involving the press, or cases
relating to the rights of the people as guaranteed in the Constitution must
always be conducted publicly.