Japanese Democracy. Shigemi JOMORI Ambassador of Japan. 21 st November 2014 Faculty of Social Sciences University of Ljubljana
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1 Japanese Democracy Shigemi JOMORI Ambassador of Japan 21 st November 2014 Faculty of Social Sciences University of Ljubljana
2 History of Japanese Democracy 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 Japan s Defeat in WWII 1946 GHQ the MacArthur draft of Constitution 1947 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.
3 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.
4 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 19 th 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 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.
5 The Emperor Symbol of Japan The advice and approval Cabinet Prime Minister & Ministers Dissolution of the House of Representatives House of Representatives National Diet House of Councillors Appointment of the Prime Minister Designation of the Prime Minister Jurisdiction of an administrative legal case Designation of the Chief Judge of the Supreme Court Election Appointment of the Chief Judge of the Supreme Court Court National review of the Supreme Court Judges People
6 Government of Japan Diet Cabinet (PM & Ministers) Courts House of Representatives (480 elected members, 4yr) House of Councilors (252 elected members, 6yr) Judges Impeachment Court Cabinet Legislation Bureau Cabinet Office Imperial Household Agency 12 Ministries: (Max ) Finance/ Internal Affairs / Foreign Affairs/ Justice/ Education, Culture, Sports, Science & Technology/ Health, Labor / Agriculture/ Economy, Trade and Industry/ Defense/Environment/ Infrastructure Supreme Court (1) High Courts (8) District Courts (50) Family Courts (50) Summary Courts (438)
7 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
8 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. 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. Coalition parties:325 (LDP 294, Komeito 31) The House of Representatives Coalition parties:134 (LDP 114, Komeito 20) The House of Councillors
9 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)
10 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 , PM announced his intention to dissolve the lower house. And today it was dissolved. -Dec , 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%)
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