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Government of Japan 日本国政府 | |
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| Polity type | Unitary parliamentary constitutional monarchy |
| Constitution | Constitution of Japan |
| Formation | 1868 |
| Legislative branch | |
| Name | National Diet |
| Meeting place | National Diet Building |
| Upper house | |
| Name | House of Councillors |
| Lower house | |
| Name | House of Representatives |
| Executive branch | |
| Head of State | |
| Title | Emperor |
| Currently | Naruhito |
| Head of Government | |
| Title | Prime Minister |
| Currently | Fumio Kishida |
| Appointer | Emperor |
| Cabinet | |
| Name | Cabinet of Japan |
| Leader | Prime Minister |
| Appointer | Prime Minister |
| Headquarters | Prime Minister's Official Residence |
| Judicial branch | |
| Supreme Court of Japan | |
| Seat | Chiyoda |
| This article is part of a series on |
| Politics of Japan |
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 Japan portal |
| Government of Japan | |||||
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| Japanese name | |||||
| Kanji | 日本国政府 | ||||
| Hiragana | にほんこくせいふ (formal) にっぽんこくせいふ (informal) | ||||
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The Government of Japan consists of legislative, executive and judiciary branches and is based on popular sovereignty. The Government runs under the framework established by the Constitution of Japan, adopted in 1947. It is a unitary state, containing forty-seven administrative divisions, with the Emperor as its Head of State.[1] His role is ceremonial and he has no powers related to the Government.[2] Instead, it is the Cabinet, comprising the Ministers of State and the Prime Minister, that directs and controls the Government and the civil service. The Cabinet has the executive power and is formed by the Prime Minister, who is the Head of Government.[3][4] The Prime Minister is nominated by the National Diet and appointed to office by the Emperor.[5][6]
The National Diet is the legislature, the organ of the Legislative branch. It is bicameral, consisting of two houses with the House of Councilors being the upper house, and the House of Representatives being the lower house. Its members are directly elected by the people, who are the source of sovereignty.[7] It is defined as the supreme organ of sovereignty in the Constitution. The Supreme Court and other lower courts make up the Judicial branch and have all the judicial powers in the state. It has ultimate judicial authority to interpret the Japanese constitution and the power of judicial review. They are independent from the executive and the legislative branches.[8] Judges are nominated or appointed by the Cabinet and never removed by the executive or the legislature except during impeachment.
History
Before the Meiji Restoration, Japan was ruled by the government of a successive military shōgun. During this period, effective power of the government resided in the Shōgun, who officially ruled the country in the name of the Emperor.[9] The Shōgun were the hereditary military governors, with their modern rank equivalent to a generalissimo. Although the Emperor was the sovereign who appointed the Shōgun, his roles were ceremonial and he took no part in governing the country.[10] This is often compared to the present role of the Emperor, whose official role is to appoint the Prime Minister.[11]
"Taiseihokan"（大政奉還）The return of political power to the Emperor (to the Imperial Court) in 1868 meant the resignation of Shōgun Tokugawa Yoshinobu, agreeing to "be the instrument for carrying out" the Emperor's orders.[12] This event restored the country to Imperial rule and the proclamation of the Empire of Japan. In 1889, the Meiji Constitution was adopted in a move to strengthen Japan to the level of western nations, resulting in the first parliamentary system in Asia.[13] It provided a form of mixed constitutional-absolute monarchy, with an independent judiciary, based on the Prussian model of the time.[14]
A new aristocracy known as the kazoku was established. It merged the ancient court nobility of the Heian period, the kuge, and the former daimyō, feudal lords subordinate to the shōgun.[15] It also established the Imperial Diet, consisting of the House of Representatives and the House of Peers. Members of the House of Peers were made up of the Imperial Family, the Kazoku, and those nominated by the Emperor,[16] while members of the House of Representatives were elected by direct male suffrage.[17] Despite clear distinctions between powers of the executive branch and the Emperor in the Meiji Constitution, ambiguity and contradictions in the Constitution eventually led to a political crisis.[18] It also devalued the notion of civilian control over the military, which meant that the military could develop and exercise a great influence on politics.[19]
Following the end of World War II, the present Constitution of Japan was adopted. It replaced the previous Imperial rule with a form of Western-style liberal democracy.[20]
As of 2020, the Japan Research Institute found the national government is mostly analog, because only 7.5% (4,000 of the 55,000) administrative procedures can be completed entirely online. The rate is 7.8% at the Ministry of Economy, Trade and Industry, 8% at the Ministry of Internal Affairs and Communications, and only 1.3% at the Ministry of Agriculture, Forestry and Fisheries.[21]
On 12 February 2021, Tetsushi Sakamoto was appointed as the Minister of Loneliness to alleviate social isolation and loneliness across different age groups and genders.[22]
The Emperor
The Emperor of Japan (天皇) is the head of the Imperial Family and the ceremonial head of state. He is defined by the Constitution to be "the symbol of the State and of the unity of the people".[7] However, his role is entirely ceremonial and representative in nature. As explicitly stated in article 4 of the Constitution, he has no powers related to government.[23]
Article 6 of the Constitution of Japan delegates the Emperor the following ceremonial roles:
- Appointment of the Prime Minister as designated by the Diet.
- Appointment of the Chief Justice of the Supreme Court as designated by the Cabinet.
While the Cabinet is the source of executive power and most of its power is exercised directly by the Prime Minister, several of its powers are exercised through the Emperor. The powers exercised via the Emperor, as stipulated by Article 7 of the Constitution, are:
- Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
- Dissolution of the House of Representatives.
- Proclamation of general election of members of the Diet.
- Attestation of the appointment and dismissal of Ministers of State and other officials as provided for 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.
- Awarding of honors.
- Attestation of instruments of ratification and other diplomatic documents as provided for by law.
- Receiving foreign ambassadors and ministers.
- Performance of ceremonial functions.
These powers are exercised in accordance with the binding advice of the Cabinet.
The Emperor is known to hold the nominal ceremonial authority. For example, he is the only person that has the authority to appoint the Prime Minister, even though the Diet has the power to designate the person fitted for the position. One such example can be prominently seen in the 2009 Dissolution of the House of Representatives. The House was expected to be dissolved on the advice of the Prime Minister, but was temporarily unable to do so for the next general election, as both the Emperor and Empress were visiting Canada.[24][25]
In this manner, the Emperor's modern role is often compared to those of the Shogunate period and much of Japan's history, whereby the Emperor held great symbolic authority but had little political power; which is often held by others nominally appointed by the Emperor himself. Today, a legacy has somewhat continued for a retired Prime Minister who still wields considerable power, to be called a Shadow Shogun (闇将軍).[26]
Unlike his European counterparts, the Emperor is not the source of sovereign power and the government does not act under his name. Instead, the Emperor represents the State and appoints other high officials in the name of the State, in which the Japanese people hold sovereignty.[27] Article 5 of the Constitution, in accordance with the Imperial Household Law, allows a regency to be established in the Emperor's name, should the Emperor be unable to perform his duties.[28]
On November 20, 1989, the Supreme Court ruled it doesn't have judicial power over the Emperor.[29]
The Imperial House of Japan is said to be the oldest continuing hereditary monarchy in the world.[30] According to the Kojiki and Nihon Shoki, Japan was founded by the Imperial House in 660 BC by Emperor Jimmu (神武天皇).[31] Emperor Jimmu was the first Emperor of Japan and the ancestor of all of the Emperors that followed.[32] He is, according to Japanese mythology, the direct descendant of Amaterasu (天照大御神), the sun goddess of the native Shinto religion, through Ninigi, his great-grandfather.[33][34]
The Current Emperor of Japan (今上天皇) is Naruhito. He was officially enthroned on May 1, 2019, following the abdication of his father.[35][36] He is styled as His Imperial Majesty (天皇陛下), and his reign bears the era name of Reiwa (令和). Fumihito is the heir presumptive to the Chrysanthemum Throne.
Executive
The Executive branch of Japan is headed by the Prime Minister. The Prime Minister is the head of the Cabinet, and is designated by the legislative organ, the National Diet.[5] The Cabinet consists of the Ministers of State and may be appointed or dismissed by the Prime Minister at any time.[4] Explicitly defined to be the source of executive power, it is in practice, however, mainly exercised by the Prime Minister. The practice of its powers is responsible to the Diet, and as a whole, should the Cabinet lose confidence and support to be in office by the Diet, the Diet may dismiss the Cabinet en masse with a motion of no confidence.[37]
Prime Minister
The Prime Minister of Japan (内閣総理大臣) is designated by the National Diet and serves a term of four years or less; with no limits imposed on the number of terms the Prime Minister may hold. The Prime Minister heads the Cabinet and exercises "control and supervision" of the executive branch, and is the head of government and commander-in-chief of the Japan Self-Defense Forces.[38] The prime minister is vested with the power to present bills to the Diet, to sign laws, to declare a state of emergency, and may also dissolve the Diet's House of Representatives at will.[39] The prime minister presides over the Cabinet and appoints, or dismisses, the other Cabinet ministers.[4]
Both houses of the National Diet designates the Prime Minister with a ballot cast under the run-off system. Under the Constitution, should both houses not agree on a common candidate, then a joint committee is allowed to be established to agree on the matter; specifically within a period of ten days, exclusive of the period of recess.[40] However, if both houses still do not agree to each other, the decision made by the House of Representatives is deemed to be that of the National Diet.[40] Upon designation, the Prime Minister is presented with their commission, and then formally appointed to office by the Emperor.[6]
As a candidate designated by the Diet, the prime minister is required to report to the Diet whenever demanded.[41] The prime minister must also be both a civilian and a member of either house of the Diet.[42]
| No. | Name (English) | Name (Japanese) | Gender | Took office | Left office | Term | Cabinets |
|---|---|---|---|---|---|---|---|
| 1 | Junichiro Koizumi | 小泉 純一郎 | Male | April 26, 2001 | September 26, 2006 | 5 years, 153 days | 87th: Koizumi I (R1) (R2) 88th: Koizumi II (R) 89th: Koizumi III (R) |
| 2 | Shinzo Abe | 安倍 晋三 | Male | September 26, 2006 | September 26, 2007 | 1 year, 0 days | 90th: S. Abe I (R) |
| 3 | Yasuo Fukuda | 福田 康夫 | Male | September 26, 2007 | September 24, 2008 | 364 days | 91st: Y. Fukuda (R) |
| 4 | Tarō Asō | 麻生 太郎 | Male | September 24, 2008 | September 16, 2009 | 357 days | 92nd: Asō |
| 5 | Yukio Hatoyama | 鳩山 由紀夫 | Male | September 16, 2009 | June 8, 2010 | 265 days | 93rd: Y. Hatoyama |
| 6 | Naoto Kan | 菅 直人 | Male | June 8, 2010 | September 2, 2011 | 1 year, 86 days | 94th: Kan (R1) (R2) |
| 7 | Yoshihiko Noda | 野田 佳彦 | Male | September 2, 2011 | December 26, 2012 | 1 year, 115 days | 95th: Noda (R1) (R2) (R3) |
| 8 | Shinzo Abe | 安倍 晋三 | Male | December 26, 2012 | September 16, 2020 | 7 years, 265 days | 96th: S. Abe II (R) 97th: S. Abe III (R1) (R2) (R3) 98th: S. Abe IV (R1) (R2) |
| 9 | Yoshihide Suga | 菅 義偉 | Male | September 16, 2020 | October 4, 2021 | 1 year, 18 days | 99th: Suga |
| 10 | Fumio Kishida | 岸田 文雄 | Male | October 4, 2021 | Present | 2 years, 247 days | 100th: Kishida I 101st: Kishida II |
The Cabinet
The Cabinet of Japan (内閣) consists of the Ministers of State and the Prime Minister. The members of the Cabinet are appointed by the Prime Minister, and under the Cabinet Law, the number of members of the Cabinet appointed, excluding the Prime Minister, must be fourteen or less, but may only be increased to nineteen should a special need arise.[43][44] Article 68 of the Constitution states that all members of the Cabinet must be civilians and the majority of them must be chosen from among the members of either house of the National Diet.[45] The precise wording leaves an opportunity for the Prime Minister to appoint some non-elected Diet officials.[46] The Cabinet is required to resign en masse while still continuing its functions, till the appointment of a new Prime Minister, when the following situation arises:
- The Diet's House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, unless the House of Representatives is dissolved within the next ten days.
- When there is a vacancy in the post of the Prime Minister, or upon the first convocation of the Diet after a general election of the members of the House of Representatives.
Conceptually deriving legitimacy from the Diet, whom it is responsible to, the Cabinet exercises its power in two different ways. In practice, much of its power is exercised by the Prime Minister, while others are exercised nominally by the Emperor.[3]
Article 73 of the Constitution of Japan expects the Cabinet to perform the following functions, in addition to general administration:
- Administer the law faithfully; conduct affairs of state.
- Manage foreign affairs.
- Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
- Administer the civil service, in accordance with standards established by law.
- Prepare the budget, and present it to the Diet.
- Enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
- Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Under the Constitution, all laws and cabinet orders must be signed by the competent Minister and countersigned by the Prime Minister, before being formally promulgated by the Emperor. Also, all members of the Cabinet cannot be subject to legal action without the consent of the Prime Minister; however, without impairing the right to take legal action.[47]
As of 14 December 2023,[update] the makeup of the Cabinet:[48]
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