Government Structure

The Constitution of Japan, which came into effect in 1947, is based on the principles of popular sovereignty, respect for fundamental human rights, and the advocacy of peace. Japan’s political system is one of constitutional democracy. In accordance with the principle of “separation of powers”, the activities of the national government are formally divided into legislative, judicial, and executive organs”.

Changing with the times The emperor is “the symbol of the State and unity of the people.” The emperor appoints the prime minister and chief judge of the Supreme Court as designated by the Diet, and performs “only such acts in matters of state” as provided for in the constitution along with the advice and approval of the cabinet, such as promulgation of amendments of the constitution, laws, cabinet orders and treaties, convocation of the Diet, dissolution of the House of Representatives, and so forth”.

The Constitution of Japan proclaims a system of representative democracy in which the Diet is “the highest organ of state power”.  It is formally specified that the Diet, as the core of Japan’s system of governance, takes precedence over the government’s executive branch. The designation of the prime minister, who heads the executive branch, is done by resolution of the Diet. Japan practices a system of parliamentary cabinet by which the prime minister appoints the majority of the cabinet members from among members of the Diet. The cabinet thus works in solidarity with the Diet and is responsible to it. In this respect, the system is similar to that of Great Britain, but different from that of the United States, where the three branches of government are theoretically on a level of perfect equality.

The Diet is divided into two chambers: the lower chamber, or the House of Representatives, and the upper chamber, or the House of Councillors. The House of Representatives may introduce “noconfidence motions” with respect to the cabinet. The cabinet, on the other hand, is able to dissolve the House of Representatives. It also has the authority to designate the chief judge and appoint the other judges of the Supreme Court. It is the Supreme Court that determines the constitutionality of any law or official act. The constitution authorizes the Diet to “set up an impeachment court from among the members of both houses in order to try any judges against whom removal proceedings have been instituted.”

Japan’s Diet is designated in the constitution as “the highest organ of state power”. The Diet is made up of members who are directly elected by citizens of at least 20 years of age. The political parties, to which almost all Diet members belong, are the basic units of political activity. Thus Japan is said to practice party politics. The prime minister is chosen by the Diet from among its members. The prime minister then forms a cabinet, and the cabinet controls the executive branch of government.

The Diet is the “sole law-making organ of the State”. All legislations must follow a process leading to final approval in the Diet. The Diet has additional important functions, such as approving the national budget, ratifying international treaties, and setting in motion any formal proposals for amending the constitution.

The cabinet, the majority of whose members must come from the Diet, is the supreme decision-making organ of the executive branch of government. The prime minister, who heads the cabinet, has the right to appoint and dismiss ministers of state (kokumu daijin) who make up the cabinet. He or she presides over cabinet meetings and may exercise his or her right to control and guide the various sectors of the state administrative apparatus. So-called cabinet resolutions are reached on the basis of a unanimity of views. The prime minister and all members of the cabinet must be, according to the constitution, civilians.

In Japan, the independent standing of the judicial branch of government is protected, and the constitution stipulates that “no disciplinary action against judges shall be administered by any executive organ or agency.” All legal conflicts, whether of a civil, administrative, or criminal nature, are subject to judgment in courts of law. Established by the constitution, the Supreme Court is Japan’s highest judicial organ. There are four types of lower courts, whose numbers and English designations (as of April 2003) are as follows: 8 high courts, 50 district courts, 50 family courts, and 438 summary courts. According to the constitution, no so-called extraordinary tribunal is to be established, “nor shall any organ or agency of the Executive be given final judicial power.”

The prefectures of Japan are the country's 47 subnational jurisdictions: one metropolis which is Tokyo; one circuit which is Hokkaidō; two urban prefectures which are Osaka and Kyoto; and 43 other prefectures. In Japanese, they are commonly referred to as todōfuken. Prefectures are governmental bodies larger than cities, towns, and villages.

The chief executive of each prefecture is a directly elected governor. Ordinances and budgets are enacted by a single-chamber assembly (議会) whose elected members serve four-year terms.

Under the current Local Autonomy Law, each prefecture is further subdivided into cities (市) and districts (郡). Each district is further subdivided into towns (町) and villages (村). All prefectural and municipal governments in Japan are organized following the Local Autonomy Law, a statute applied nationwide in 1947.

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.