Categories
Politics

The Government System of Japan

Japan is an island nation located in East Asia within the northwest Pacific Ocean, more specifically Japan’s coasts touch the Sea of Japan, the East China Sea, the Philippine Sea, and the Sea of Okhotsk, nearby countries include North and South Korea, China, Taiwan and Russia. Japan is made up of five main islands and over 6,800 smaller islands, although only around 430 of these are inhabited. The largest and most populous island and which is considered the mainland is Honshu, the other four main islands are Hokkaido, Shikoku, Kyushu, and Okinawa. The capital Tokyo is located on Honshu, sitting on the Tokyo Bay which leads into the Pacific Ocean.   

As Japan sits on the Pacific Ring of Fire it is very susceptible to earthquakes, the majority of which are minor and cause little problem, although from time-to-time Japan experiences serious earthquakes that can also cause tsunamis, one of the worst earthquakes and tsunamis to date happened in 2011. Japan also has very little natural resources and so largely relies on world trade.  

Japan has been inhabited since at least 30,000 BC by a Paleolithic Culture, from around 14,500 BC, the start of the Jomon Period, there emerged a hunter-gatherer culture known for pit dwelling and rudimentary agriculture, Yayoi People intermingled with them from around 1,000 BC who introduced wet-rice farming, new pottery practice, and metallurgy brought from Korea and China. Legend claims that the grandson of the sun goddess Amaterasu – Emperor Jimmu – founded a kingdom in central Japan in 660 BC, beginning the imperial dynasty that still exists today.  

Japan first appears in written history within the Chinese Book of Han. Buddhism was first introduced to Japan from the Korean Kingdom of Baekje in 552 AD, although Japanese Buddhism was more greatly influenced by Chinese practices. There was resistance against the new religion in Japan at first, but the help of its promotion by the ruling class eventually led to widespread acceptance from the Asuka Period.  

The 645 Taika Reforms nationalized all land in Japan, and set rules to distribute it equally among all cultivators, and a new system of taxation was developed via a household registry. The 672 Jinshin War played a role in further reforms, bringing in the Taiho Code, establishing structure of central and subordinate local governments, creating a ritsuryo state of Chinese-style centralized government.  

The Nara Period from 710 to 784 saw the appearance of nascent literary culture and development of Buddhist inspired artwork and architecture. Also, during this time, a smallpox epidemic is thought to have killed as much as one-third of the Japanese population. The Nara Period ended when Emperor Kanmu moved the capital to Heian-kyo (modern Kyoto), starting the Heian Period which saw in the development of a distinctly indigenous Japanese culture.  

During Japan’s feudal era the samurai emerged, a ruling class of warriors who’d become a dominating force in Japan over the Imperial Dynasty During this time a civil war called the Genpei War led to the defeat of the Taira clan, and the samurai Minamoto no Yoritomo established a military government and became the first shogun of the Kamakura shogunate, which successfully repelled two Mongol invasions with the help of mother nature. But the Kamakura shogunate would be overthrown by Emperor Go-Daigo bringing in a short-lived period of Kenmu Restoration that saw the Imperial Dynasty brought back to true power.  

Go-Daigo was overthrown by Ashikaga Takauji who established a new Shogunate, starting the Muromachi Period, but the shogunate was unable to control feudal warlords, known as daimyos, leading to a century-long period of almost constant civil wars known as the Sengoku Period, the 16th Century saw contact with Europeans, specifically Portuguese traders and Jesuit missionaries. This gave access to European technology and firearms, which allowed the daimyo Oda Nobunaga to conquer many rival daimyos and consolidate power, known as the Azuchi-Momoyama Period.  

Nobunaga’s successor Toyotomi Hideyoshi went on to unify the nation in the early 1590s and also launched two invasions of Korea, both of which failed. His son Toyotomi Hideyori was designated as his successor, but being too young Tokugawa leyasu served as regent but exploited the position for his own political and military gain, leading to war breaking out with Toyotomi loyalists, which were defeated by Tokugawa who became a shogun (starting the Edo Period) and stamping the last of his resistance by 1615 ending the Sengoku Period.  

The Tokugawa Shogunate enacted measures to control autonomous daimyos and implemented isolationist policies that would span two and half centuries. Japan went through a strong economic period during this time, which saw the creation of roads and water transportation routes, and creation of financial instruments, banking, and insurance. Study of the West continued via contact with the Dutch enclave that existed in Nagasaki at the time. This period also saw a greater focus on the study of Japan by the Japanese, known as Kokugaku.  

Japan’s isolationist period would come to an end in 1854 when the United States Navy forced Japan’s opening to the outside world via the Convention of Kanagawa, signed by Japan under threat of force. Further treaties with other Western powers followed this which caused Japan to enter into economic and political crises. Amongst the chaos was the resignation of the shogun causing the Boshin War which led to the establishment of a centralized state nominally unified under the Emperor, which became known as the Meiji Restoration, bringing an end to Shogunates.

Western-styled political, judicial, and military institutions were adopted as well as a Privy Council to advise the Emperor and ultimately adoption of the Meiji Constitution, and creation of the imperial legislature. This Meiji Period saw the emergence of the Empire of Japan and became one of the most developed nations in Asia. The Empire of Japan sought military conquest to expand its influence and access to resources. The First Sino-Japanese War and the Russo-Japanese War saw Japan take control of Taiwan, Korea, and the southern half of Sakhalin. During this period Japan’s population doubled and became much more urbanized.  

There was a short period of democracy from 1912 to 1926 which was mostly overshadowed by Japan’s expansionism and militarization. During World War I Japan joined the side of the Allies so that it could capture German possessions in the Pacific and China. From the 1920s there was a political shift in Japan towards extreme right-wing ideologies, there were laws passed against political dissent and some attempted coups. The moves towards the far-right only increased in the 1930s with the emergence of radical nationalist groups who wanted further expansion in Asia and an end to democracy.  

Japan invaded and occupied Manchuria in 1931, which led to international condemnation and Japan’s exit from the League of Nations, which had been created following World War I in an attempt to avoid another major war through international cooperation. Japan signed an Anti-Cominterm Pact with Nazi Germany in 1936, and would later join the Axis Powers during World War II via signing the Tripartite Pact.  

The Empire of Japan invaded more of China in 1937, starting the Second Sino-Japanese War, which would go on through until the end of the 2nd World War. During the war Japan invaded French Indochina, which caused the US to place an oil embargo on Japan. Japan responded by carrying out a surprise attack on the US naval base of Pearl Harbour in 1941 in an attempt to knock out its Pacific Fleet, allowing them to militarily expand without the risk of US involvement, although the attack was devastating a number of strategic flaws in the attack meant that the US Pacific Fleet would be up and running again, as Japan would soon find out.  

Following the attack Japan started a mass military expansion in Asia, occupying numerous territories throughout the Pacific, and also committed many civilian atrocities. But Allied victories during World War II would lead to Japan’s unconditional surrender following the Soviet invasion of Manchuria and the dropping of two Atomic Bombs by the US on Hiroshima and Nagasaki, killing hundreds of thousands of civilians, the bombings remain controversial until this day on whether they were necessary.  

Japan lost its colonies and other World War II gains, which were liberated by the Allies, and Japanese settlers were repatriated, and Japan was effectively occupied by Allied forces, namely the US. Japanese leaders were prosecuted for war crimes by the Allies and the Empire of Japan came to an end, although the country still maintains an Emperor as Head of State. Japan adopted a new constitution that established liberal democracy and forced them to not maintain armed forces for the purpose of war, the Allied occupation ended via the Treaty of San Francisco in 1952. Following this Japan found renewed economic success and propelled to the 2nd largest economy, the economic success stagnated from the mid-1990s due to an asset price bubble pop.  

During WW2 the Soviet Union took the Kuril Islands from Japan which are still held by Russia today but continue to be claimed by Japan.  

The national language is Japanese and the country’s largest religion is Shintoism followed closely by Buddhism, the country’s currency is the Japanese yen, and the country’s population is over 126,180,730, but it is declining due to a low birth rate, leading to Japan currently facing an aging demographics problem.  

Government Type  

The Imperial Crest, now used as the Japanese Government emblem.

Japan is a multi-party parliamentary representative democratic constitutional monarchy with an Emperor who is Head of State with the position being ceremonial and a Prime Minister who is Head of Government and seen as the main leadership figure of the country and who, along with the Cabinet, holds the executive power.  

Japan’s legislative government is a bicameral one called the National Diet and is made up of a House of Representatives which is the lower primary chamber and the House of Councillors which is the upper chamber.  

Article 9 of the constitution states that 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. As such land, sea, and air forces, as well as any other war potential, will never be maintained. Right of belligerency of the state will never be recognised.  

Despite the above Japan does maintain armed Defense forces, but such forces as the name suggests are only allowed to be used for Japan’s national defense and security from external threats. The Prime Minister is the Commander-in-Chief of this force.  

Monarchy and Executive Government 

Tokyo Imperial Palace, main residence of the Emperor. Photo by Kakidai from Wikimedia Commons. CC BY-SA 3.0. Source.

The ruling monarch is an Emperor who is the Head of State and who is mostly ceremonial. The position of Emperor is hereditary and succession is laid out under the Imperial House Law which was passed by the country’s legislature.  

All acts made by the Emperor that relate to matters of State must be taken on advice or with the approval of the governing Cabinet, as such actions taken by the Emperor in this are the responsibility of the Cabinet. The Emperor may only perform acts allowed under the constitution and cannot have powers that relate to Government.  

Regency may be established under the Imperial House Law when the successor is not yet of age.  

Duties of the Emperor  

The Emperor appoints the position of Prime Minister as is designated by the country’s legislature following parliamentary elections. The Prime Minister will typically be the leading individual of the largest party or coalition.  

The Emperor appoints the Chief Judge of the country’s Supreme Court as designated by the governing Cabinet.  

The Emperor promulgates laws passed by the legislature, Cabinet orders, and treaties.  

The Emperor convokes the country’s legislature.  

The Emperor dissolves the House of Representatives (lower chamber) and proclaims general elections for the legislature, either for regularly scheduled elections or on advice of the Cabinet for early elections.  

Attestation of appointments and dismissals of Ministers of State and any other officials provided by law, and of full powers and credentials of ambassadors and Ministers.  

Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights. And attestation of instruments of ratification and other diplomatic documents as provided for by law.  

Receives foreign ambassadors and ministers.  

Prime Minister and Executive Government  

Executive power is vested within the Cabinet, which is the highest executive decision-making body. The body consists of the Prime Minister who heads it and the Ministers of State. They are collectively responsible to the National Diet (country’s parliament) and must maintain confidence of the parliament to remain in power, as such if a non-confidence resolution is passed or if a confidence resolution is rejected then the Prime Minister and Cabinet must collectively resign, or within 10-days decide on dissolving the House of Representatives for early elections.  

The Prime Minister appoints the Ministers of State a majority of which must be appointed from within the country’s parliament. The Prime Minister can remove Ministers of State from their positions.  

The Prime Minister must submit bills, reports on general national affairs and foreign relations to the country’s Parliament. The Prime Minister exercises control and supervision over various administrative branches.  

More specifically it is the job of the Cabinet to faithfully administer the law; conduct affairs of state; manage foreign affairs; conclude treaties with approval from Parliament; administer the civil service; prepare and present the national budget to the Parliament; enact cabinet orders to execute provisions of constitution and the law, inclusion of penal provisions in such orders requires authorization by law; decisions of special amnesty, general amnesty, commutation of punishment, reprieve, and restoration of rights.  

Supreme Court judges are appointed by the Cabinet. Appointments of Supreme Court judges are reviewed by the people at the first general election of members of the House of Representatives following the judge/s appointment, and are reviewed again at the first general election of members of the House of Representatives after lapse of 10 years, and in same manner thereafter. When majority of voters favour dismissal of the judge, the judge in question shall be dismissed.  

Judges of inferior courts are appointed by the Cabinet from a list provided by the Supreme Court, they hold office for 10-years and may be re-appointed unless they have reached a fixed-retirement age as prescribed by law.  

To have effect all cabinet orders are signed by the competent Minister of State and then countersigned by the Prime Minister.  

The Legislative Government  

Meeting place of Japan’s National Diet. Photo by Wiiii from Wikimedia Commons. CC BY-SA 3.0. Source.

The Legislative Government is called the National Diet and include the House of Representatives the lower and primary chamber, and the House of Councillors which is the upper chamber. The main job of the legislature as always is to legislate, which means having laws introduced, debating and possibly amending laws, and either passing or rejecting such legislation. Bills travel through both Houses to become law, the bill if changed in one House must be sent back to the originating House who shall accept or reject such changes.  

The constitution says that a bill passed by the House of Representatives that is changed in the House of Councillors will then require a two-thirds special majority to be passed into law by the House of Representatives.  

A joint-committee between the members of both Houses can be called if there is deadlock over agreement on a piece of legislation.  

The National Budget, introduced by the Government to the House of Representatives, will travel through both Houses. If no agreement can be reached between both Houses, even via a joint-committee, or if the House of Councillors fails to make a decision on the Budget within 30-days, then by default the Budget passes via the decision of the House of Representatives, overruling the House of Councillors. This is also the case for treaties.  

Much of the operations of the National Diet are fixed by law rather than by the constitution. Both the House of Representatives and House of Councillors have a number of committees that serve various functions within each, such as focusing on specific legislative areas.  

The number of members of each chamber is also fixed by law. Expelling a member requires a two-thirds majority to be in agreement in either House.  

Extraordinary sessions of the parliament can be summoned by the Cabinet. When a quarter or more of members of either House makes for such a demand, the Cabinet must determine such convocation. Such sessions are for a matter of great importance or urgency.  

Both Houses have the power to conduct investigations in relation to Government, and can demand presence and testimony of witnesses, and production of records.  

The Prime Minister and Ministers may at any time appear in either House, whether members of them or not, for purpose of speaking on bills. They must also appear when their presence is requested to give answers or explanations.  

When removal proceedings have begun against a judge the Parliament shall set up an impeachment court that consists of members from both Houses for trying those Judges.  

House of Representatives  

Currently the House of Representatives has 465 members.  

A Speaker and Vice-Speaker are elected from among the members of the House of Representatives to be presiding officers, such represent the House in an impartial manner, regulate orderly debate, and make sure internal rules are abided. The Speaker has a vote whenever there is a tie.  

During the time that the House of Representatives is dissolved, the House of Councillors will also be closed. It is possible for the governing Cabinet during this time if required due to national emergency, to legislate via the House of Councillors in a convoked emergency session. All such measures taken under this are provisional and will become null and void unless it is agreed to by the House of Representatives within of period of 10-days after the opening of the next session of the Parliament.  

House of Councillors  

Currently the House of Councillors has 245 members.  

The presiding officers in the House of Councillors are the President and Vice-President of the House of Councillors elected from among the members of that House. The President has a casting vote whenever there is a tie.  

The Electoral System  

Image in the Public Domain.

Parliamentary elections for the House of Representatives take place every 4-years, the system used is a mix of first-past-the-post from single seat constituencies which requires only a simple majority for a candidate to win, while the rest are elected via a party-list proportional representative system from multi-seat constituencies where parties that receive a certain threshold of the votes are guaranteed seats. Currently 289 members are elected via FPTP while 176 are elected via PR.  

Members of the House of Councillors serve 6-year terms but they are staggered so that half of members are elected every 3-years. Again, its elections use a mix of FPTP and PR the same as the lower chamber, for the House of Councillors 147 members are elected via FPTP while 98 are elected via PR.  

After elections of the House of Representatives have taken place, it shall nominate someone for the position of Prime Minister, the House of Councillors will also vote on acceptance of the nominee but if they disagree it is possible for the House of Representatives to overrule them. The Emperor then appoints the designated nominee as Prime Minister.  

Qualifications required for both Houses are set by law. Electoral districts, methods of voting, and all other matters pertaining to election of members of the Houses are fixed by law. No one person can hold membership of both Houses at the same time.  

Sources 

The source for this post comes from Japan’s 1946 constitution (constituteproject.org) and so should be as up to date as possible but remember to keep in mind that it is possible, I may have made some mistakes or misinterpreted some things and missed other things and also the constitution can be changed and so this may eventually become outdated, as such if using this in a serious capacity cross-research is recommended.  

Amendments to the constitution are introduced by the country’s parliament, through concurring vote of at least two-thirds or more of both Houses and will then be submitted to a national referendum or such election as decided by the Parliament, which requires a majority of all votes cast to adopt the changes. Amendments adopted are then promulgated by the Emperor.  


Thank you for reading this post, if you have any queries please Email me, you can find my Email in the Contacts & Community section. Please also follow The Weekly Rambler on Twitter, Reddit, Pinterest and Facebook which you can access through the buttons at the bottom of this website. You can also use the social media buttons under each blogpost to share with your family, friends and associates. You can also subscribe to Email notifications at the right-side of this website to know whenever a new post goes up (you can easily unsubscribe from this at any time through a button in each Email notification), or alternatively you can use an RSS Feed Reader. Please also join my FB Group The Weekly Ramblers Readers Group where readers can more easily talk with each other and also with me whenever I am on, you can also find it in Community.