Politics of Japan

The center, the Prime Minister's office of the politics of Japan

The politics (politics just for politics of Japan) of Japan is carried out based on the system determined by the Constitution of Japan. That purpose, Japan based on the constitutionalism can say that national. In addition, the Japanese administration, judiciary is performed based on lower than which the Diet fixes for a constitution law, stipulated laws and ordinances. Therefore it may be said that Japan is a constitutional state.

The Constitution of Japan determines the sovereignty rests with the people that sovereignty keeps to the nation. In addition, I divide power in the politics into the three branches of government of a legislative power, administrative power, the judicial power and establish the system of the respective independence of powers to arrange each for the Diet, a cabinet, the court. A parliamentary system democratic government to assume the Diet the best engine of the national power is carried out, and the parliamentary cabinet system by the collaboration of the Diet and the cabinet is adopted. Furthermore, "it is the Japanese symbol of the nation and puts the Emperor who is a hereditary monarch as a symbol of the Japanese citizen unification". It provides that the Emperor does not have authority about the government in a constitution and performs "acts in matters of state" by advice and the approval of the cabinet.

The Constitution of Japan determines local autonomy again. The Japanese local autonomy is carried by two phases of local public entity of the cities, towns and villages which divided it into some areas throughout in the metropolis and districts and the metropolis and districts which divided the whole country into 47 areas throughout. A chief (prefectural governors, mayors, town managers, and village headmen) who is an assembly and the executive organ which are proceedings organization is each put in all metropolis and districts and cities, towns and villages. The local public entity can establish the regulations within the law.

It is sovereignty rests with the people, respect for fundamental human rights, three of the pacifism that three major principles of the Constitution of Japan include well. The politics of Japan is based on these three principles and personal respect (personal dignity) in the origin and is performed.

Political system

Democratic index (I show that it is a democratic country, area so that green is dark.)^[1]

Full democracy:

  9.00-9.99

  8.00-8.99
Defective democracy:
  7.00-7.99

  6.00-6.99
Mixed political system:
  5.00-5.99

  4.00-4.99
The dictatorship system:
  3.00-3.99

  2.00-2.99

  1.00-1.99
Because information is insufficient; non-evaluation:

It is a democratic country taking a representative system [¹].

Sovereign

The details refer to "the Japanese sovereign"

The Japanese sovereign is the Emperor. But to this government opinion is controversial. The details refer to the Japanese sovereign.

Emperor-as-a-symbol system

The details refer to "the emperor-as-a-symbol system"

The emperor-as-a-symbol system (しょうちょうてんのうせい) is a system to assume the Emperor prescribed in the Constitution of Japan a symbol of Japan and the Japanese citizen unification.

Constitution of Japan Article 1 prescribes the Emperor with Japan and "a symbol" of the Japanese citizen unification. I am considered that the position is based on the general will of the Japanese citizen as the sovereign (doctrine of democratic sovereignty) (above sentence, Article 1) and, based on the Imperial House Act that the Diet votes for, am inherited by succession (Article 2). The duties of the Emperor are limited to performing acts in matters of state (Article 7) and need advice and the approval of the cabinet (Article 3). I do not have authority about the government at all (Article 4).

State politics

Rule mechanism of Japan

Because the constitution top fixes the Diet for "the best engine of the national power", and it is said with "the only legislative body of the country", as for the power in the politics to be given, the Diet is the biggest (Constitution of Japan Article 41). The constitution submits a bill (cabinet presentation bill) to the Prime Minister in fact on behalf of a cabinet; authorize it (Constitution of Japan Article 72), and, as for most of of the bill to be passed in the Diet, it is a cabinet presentation bill. Therefore it is big so that the authority of the cabinet is superior to the Diet substantially, and the influence of the administration put under the cabinet is very big (exteriorization of so-called administrative state phenomenon). Furthermore, I am said to be it because staff people employed by a qualification-based appointment system, so-called bureaucrat (carrier public employee) have influence to exceed a political appointed staff job (state affairs three key posts of a minister, Senior Vice Minister, the Parliamentary Secretary) in the inside of the administration even if it is a bureaucrat nation.

In addition, the constitution gives judicial review to the court (Constitution of Japan Article 81). The court can declare whether it adapts to a constitution about laws and ordinances and the administrative act of the country including the law. Because this authority is authority to judge for an end about the propriety of the national act, it should be the strongest authority. Referring to such system, I am said to be judiciary nation. However, it is said that the court takes so-called judicial passivism and is 謙抑的 in putting an objection into for the judgment of the Diet and the cabinet (so-called political section). Particularly, in the court, there is criticism that he/she drinks it to only follow the government at time when I adopt "governing act theory" that the examination of the constitutionality for the national act having the high political nature is out of the authority of the court. In addition, an opportunity to let the judiciary reflect the opinion of the nation as the sovereign includes a "national referendum" system or the "citizen judge" system for the judge of Supreme Court in the criminal trial.

Political system (country)

The details refer to "Japan Government"

Legislation

The Diet building

It is "the best engine of the national power", and the Constitution of Japan fixes the Diet for "the only legislative body of the country". The Diet consisting of the House of Representatives and the House of Councilors (bicameral system). All are elected directly by the nation and are comprised of a Diet member on behalf of all nations. I cannot serve as member of the House of Representatives and a member of the House of Councilors.

Diet member

The term of office of the member of the House of Representatives is four years, but loses a qualification the term of office ago when the House of Representatives is dissolved. A cabinet decides the dissolution of the House of Representatives, and the Emperor performs it. There is a debate about the substantial decision right of the dissolution of the House of Representatives [²], but it is said to the situation (Constitution of Japan Article 7) where the cabinet performs advice and approval for acts in matters of state of the Emperor that a cabinet taking responsibility has a substantial decision right for acts in matters of state of the Emperor in business today because there is it [³]. When motion of no confidence is approved and does not do a cabinet resignation en masse for ten days, you must make dissolution of the House of Representatives (Constitution of Japan Article 69), but, in the cabinet, the House of Representatives is understood based on constitution Article 7 other than it by the discretion when I can be dissolved. In addition, expression, there is at least 形式的宣示権 of the dissolution of the House of Representatives to the constitutional Emperor although there is a fight in a theory about the point called the substantial decision right of the dissolution of the House of Representatives (Constitution of Japan Article 7 3), and motion of no confidence "dissolves the House of Representatives by Constitution of Japan Article 7." by Constitution of Japan Article 69 about the words of the dissolution Imperial rescript [⁴], today whether the approval or a cabinet vote of confidence is a rejected case establishes it. As for this, the dissolution of the House of Representatives is carried out with an Imperial rescript, but Constitution of Japan Article 7 has the direct grounds of the Imperial rescript; again these words for all reasons of the dissolution collect it, and is because is understood that can generally apply it about the dissolution of the House of Representatives of any case [⁵]; [⁶]. For details, I refer to dissolution of the House of Representatives.

The election of the member of the House of Representatives is called a general election. Half is re-elected every three years in six years in the term of office of the member of the House of Councilors. The election of the member of the House of Councilors is called an ordinary election.

As for the general election of the House of Representatives, single-member electorate system and the single-seat constituencies proportional representation standing side by side system that proportional representation (fixed-list system) is used together are adopted, and, as for the ordinary election of the House of Councilors, proportional representation (open-list system) is used together with a constituency system (major constituency system, medium constituency system). The fixed number the House of Representatives 480 (single-seat constituencies election member of the Diet 300, proportional representation election member of the Diet 180), the House of Councilors 242 (electoral district election member of the Diet 146, proportional representation election member of the Diet 96).

Kind, session of the Diet

The Diet is obliged to carry out the annual call, and a regular assembly (ordinary session of the Diet) means this. In addition, by the demand of oneself or the Diet member of the number of the uniformity, a cabinet can decide the call of the Diet temporarily, and a cabinet calls this extraordinary session of a local assembly (extraordinary session of the Diet). A regular assembly is convened in January in an average year after (1992) in 1992, and extraordinary session of a local assembly is convened in about September. Extraordinary session (extraordinary session) is convened after the member of the House of Representatives general election and appoints the Prime Minister.

In the Diet, a session system is adopted, and double-deliberation prohibition is fixed for a principle of noncontinuance of the session. With the principle of noncontinuance of the session, the bill which was careless in a decision during a session is withdrawal (extinction) and the principle that it is unless I am said to be the independent principle in a session, and a decision of the continuous deliberation is accomplished. Double-deliberation prohibition is the general rule that I cannot submit the bill voted for to again during the same session once.

A session of the regular assembly is 150 days, and only one time of extension is possible. Fate, the extension are possible to twice by a decision of the both Houses agreement in the session of extraordinary session of a local assembly and the extraordinary session each time. Supremacy of the House of Representatives is accepted about the decision of the session and the extension and depends on a decision of the House of Representatives when the decision of both houses of Representatives and Councilors is incongruous and when the House of Councilors does not vote.

Legislation process

The draft of a proposed law (bill) is submitted by each Diet member and cabinet. A bill submitted by a Diet member is called legislation introduced by a Diet member or a bill introduced by a member of the House of Representatives (the bill that member of the House of Representatives submitted), legislation introduced by a Diet member (the bill that a member of the House of Councilors submitted), and a submitted bill is called a cabinet presentation bill (government-sponsored bill) or a cabinet bill from the cabinet. About 30% are legislation introduced by a Diet member, and, among the presentation bills in 1 session, 70% become a cabinet presentation bill now. As for the enactment rate (ratio of thing formed among submitted bills), legislation introduced by a Diet member is around 20%; the cabinet presentation bill more than 80%. Therefore, a cabinet submitted the most of the law to be passed. I pick the Prime Minister from the Diet, and this is a conclusion of adopting the parliamentary cabinet system that the Prime Minister crosses a cabinet. The cabinet collaborates with the ruling party producing the Prime Minister and tries for the enactment of cabinet presentation bill.

Enactment of cabinet presentation bill process

As for the original bill of the cabinet presentation bill, each ministries and government offices having jurisdiction over it make first plan, and the opinion adjustment with relevant ministries and agencies and the ruling party, a question to the council, the hearing in the public hearing are performed.
When the draft of a proposed law presentation is in sight, the control government office performs law culture work and makes the original bill of the draft of a proposed law.
When there is the original bill of the draft of a proposed law at a control government office, the original bill receives preliminary examination of Cabinet Legislation Bureau. In Cabinet Legislation Bureau, I examine it about the consistency with a constitution and other laws and ordinances, sequence or a term of the letter of the law.
When preliminary examination is over, I file for 閣議請議 about Diet presentation for the Prime Minister from the minister of state of the chief. The Cabinet Secretariat which is a window of 閣議請議 sends 請議案 which I accepted to Cabinet Legislation Bureau. Cabinet Legislation Bureau performs the final examination and makes modifications as needed and sends it to the Cabinet Secretariat.
In 請議案 made 閣議請議, the explanation of the summary is carried out from the Director-General of the Cabinet Legislation Bureau in a cabinet meeting. It becomes the official draft of a proposed law when approved in a Cabinet meeting without demur. This draft of a proposed law is submitted to the Diet (the House of Representatives or the House of Councilors) by the Prime Minister.

Establishment process of the legislation introduced by a Diet member

The member of the Diet discusses it with much staff including a public employee of the staff, relevant ministries and agencies and the local public entity of government-paid secretary, private secretary, policy charge secretary, Diet Legislative Bureau and National Diet Library, other brainy people, private enterprises and groups, democracy in the development of the draft of a proposed law. Particularly, the Diet Legislative Bureau performs the consistency investigation with a constitution and other laws and ordinances, the making of the draft of a proposed law summary, the article culture of the draft of a proposed law from the specialized standpoint of the legislation technology and approves inside the department examination and the legislation chief of the bureau of the draft of a proposed law.
It is exchanged a hand by a member of the Diet who is a client, and the draft of a proposed law that passed through examination of the Diet Legislative Bureau is taken for the bill examination procedure in the position political party.
I need the agreement that is higher than ten members of the Diet more than 20 members of the Diet in the House of Councilors in the House of Representatives so that a member of the Diet proposes a bill. But I need the agreement that is higher than 20 members of the Diet more than 50 members of the Diet in the House of Councilors in the House of Representatives to propose the draft of a proposed law with the budget.
After examination of the Diet Legislative Bureau, the draft of a proposed law that prepared a predetermined supporter is submitted to the chairperson.

Process of the draft of a proposed law submitted to the Diet

The draft of a proposed law submitted to is referred to the suitable committee by the chairperson of the Diet (the Diet of the first debate) submitted to.
At first the minister of state of the chief performs the suggestion reason explanation of the draft of a proposed law and, in the committee where a draft of a proposed law was referred to, begins examination. The examination is carried out in the form of the questions and answers about the draft of a proposed law for the public employees of minister of state, Senior Vice Minister, Parliamentary Secretary and others from a member of the Diet. When a question, the discussion in the committee performed an end, a chairperson declares an end and refers it to a decision.
After the examination of the draft of a proposed law in the committee was finished, the deliberation of the draft of a proposed law is put into a plenary session. In the plenary session, a report is carried out about the examination in the committee from the chairperson whom a draft of a proposed law was referred to. As discussion, the speech from a viewpoint opposite to a draft of a proposed law, the speech from an agreeable viewpoint are carried out as needed. A report is announced as a result of committee decision by the chairperson and, after discussion, begins voting.
When a draft of a proposed law is approved in a plenary session, a draft of a proposed law is sent to other Diet by the chairperson. In the Diet which received sending, voting is taken after the examination of the committee, the deliberation of the plenary session.
When a constitution has the special fate, the draft of a proposed law becomes the law except (local autonomy special laws) when I approved it in two Houses of the Diet of the House of Representatives and the House of Councilors.
When a law was passed, from the chairperson of the Diet of the post-Diet session deliberation, it is done 奏上 via a cabinet by the Emperor. The Emperor performs the approval (I do John Hancock and seal it in Imperial Seal) of the draft made 奏上 and is gone back up in the cabinet.
The law must be promulgated within 30 days from a day done 奏上. In the promulgation of the law, the minister of state of the chief signs, and the Prime Minister countersigns it. The law is promulgated by placing it in the official daily gazette.
The promulgated law is enforced on a day set in an additional clause. On an enforcement day, I can establish it in "a day to establish it by a government ordinance in the range that reckons it from a day of the promulgation, and does not exceed ○ age" and an additional clause.

Political party

The Constitution of Japan does not have the rule about the political party. As for the Political Funds Control Law, the vote total number in a thing having a Diet member more than five people or the most recent general election or the most recent ordinary election or the ordinary election before the most recent ordinary election defines the thing which there is more than two-100ths of effective total votes as "a political party" among "political organizations".

I set a report, earnings call duty of this "political party" and transparentize the political fund and, among political parties, perform the furtherance by the public funding for political parties to a thing having a Diet member.

55 system

The state that a minor political party separated continued after the war for ten years, but the system established it in 55 by a right wing and the left of the Social Democratic Party Japan unifying it in (1955) in 1955, and the Japan Democratic Party and the Liberal Party doing combination (conservative merger), and the Liberal Democratic Party having been established. The Liberal Democratic Party always became the ruling party by the system in 55, and the president of the Liberal Democratic Party was appointed in the Diet by the Prime Minister. A one-party cabinet of the Liberal Democratic Party continued except (from 1983 (1983) to 1986 (1986)) for a long time at the time when coalition government with New Liberal Club which some members of the Liberal Democratic Party left the party and made was crossed.

Process from the Hosokawa non-LDP coalition government to the LDP and New Komeito coalition government

The Liberal Democratic Party was divided in (1993) in 1993, and a no-confidence motion of the Miyazawa Cabinet was approved in the House of Representatives, and the House of Representatives was dissolved. Some members of the Liberal Democratic Party left the party and formed New Party Sakigake, a new life party, and, in a general election performed after this, the Liberal Democratic Party fell below the majority of the thing which almost maintained the power before the public announcement. By extraordinary session convened after this election, Morihiro Hosokawa of the Japanese new party was nominated for the Prime Minister, and Hosokawa cabinet was crossed by the Social Democratic Party Japan, a new life party, the New Komeito, Japan new party, the Democratic Socialist Party, New Party Sakigake, Social Democratic Federation, a coalition of the democratic reform alliance, and the system collapsed in 55. This coalition was the next Haneda Cabinet, but became few ruling party cabinets because the Social Democratic Party Japan expressed the coalition secession just after prime minister nomination although I was maintained.

The Haneda Cabinet performed a cabinet resignation en masse (1994) in June in 1994, and the Diet nominated Tomiichi Murayama of the Social Democratic Party Japan for the Prime Minister, and the Liberal Democratic Party, the Social Democratic Party Japan, a coalition cabinet (own company, さ coalition government) of New Party Sakigake were crossed. This coalition was maintained in the first next Hashimoto Cabinet (as for the outside the Cabinet cooperation until 1998 (1998) June of the second Hashimoto Cabinet).

The Obuchi Cabinet became the coalition cabinet (Obuchi Cabinet first remodeling cabinet) of the Liberal Democratic Party and the Liberal Party (1999) in January in 1999, and the New Komeito increased in October of the year, too (Obuchi Cabinet second remodeling cabinet, own LDP and New Komeito coalition cabinet). 翌2000年（平成12年）に自由党は分裂して、離党した一部議員が保守党（後に保守新党）を結成し、連立に残留した（第1次森内閣、自公保政権）。この連立は、次の小泉内閣でも維持されたが、2003年（平成15年）11月の第43回衆議院議員総選挙後に保守新党が自民党に吸収され、自民党・公明党の連立（自公連立政権）となり、2009年（平成21年）8月の第45回衆議院議員総選挙において、自民党、公明党が大敗し、野党になるまで続いた。

現在の政治状況

2012年（平成24年）12月16日に執行された第46回衆議院議員総選挙において、与党の民主党、国民新党が大敗し、同年12月26日に自由民主党、公明党による連立政権が発足した。現在、内閣総理大臣は自由民主党総裁の安倍晋三が務めている。

国会に議席を持つ主要政党（日本の政党一覧も参照のこと。）

与党

野党

※1は政党助成法上の政党要件を満たしていない政治団体
※2は政党助成法上の政党要件は満たすが公職選挙法上の政党要件を満たしていない政治団体

行政

行政権は内閣に属する。

国会議員の中から、国会の議決によって内閣総理大臣が指名される。内閣総理大臣は天皇に任命される。内閣総理大臣は国務大臣を任命し、内閣総理大臣と国務大臣の合議体である内閣を構成する。内閣総理大臣は国務大臣を任意に罷免することができる。内閣総理大臣は国会議員の中から指名されるが、国務大臣は過半数が国会議員であればよい。

以下の場合には内閣は総辞職する。

衆議院による内閣不信任→衆議院が解散されないとき
内閣総理大臣が欠けたとき
衆議院議員の総選挙の後に初めて国会が召集されたとき

司法

The Supreme Court

司法権は最高裁判所および法律により設置される下級裁判所に属する。

終審裁判所である最高裁判所は、長たる裁判官（最高裁判所長官）とその他の最高裁判所裁判官から構成される。最高裁判所長官は内閣が指名し、天皇が任命する。その他の最高裁判所裁判官は、内閣が任命する。最高裁判所長官とその他の最高裁判所裁判官は、任命後、国民審査を受ける。その後10年を経過するごとに、さらに国民審査を受ける。最高裁判所の裁判官は、法律で定めた年齢（70歳）に達すると退官する。

下級裁判所（高等裁判所・地方裁判所・家庭裁判所・簡易裁判所）の裁判官は、最高裁判所の指名した者の名簿により、内閣が任命する。下級裁判所の裁判官は、任期を10年とし、再任されることができる。下級裁判所の裁判官の定年は65歳（簡易裁判所裁判官は70歳）である。

地方の政治

都道府県および市町村の議会の議員、都道府県知事および市町村長は、すべて住民に選挙され、任期はいずれも4年間である。

政治制度（地方）

政治の清廉度

トランスペアレンシー・インターナショナル（ドイツのNGO）によれば、2015年における当国の腐敗認識指数は18位である^[7]。

外交関係

詳細は「日本の国際関係」を参照

日本は国際連合の加盟国で、安全保障理事会の常任理事国入りを目指しているG4諸国の一つである他に、東アジアにおいて重要な役割を果たしている。

日本国憲法は、日本が武力を以て、他国との間で戦闘を交えることを禁じている。一方で、日本には、陸海空から成る自衛隊が組織されており、2003年から2009年にかけて、自衛隊がイラクへ派遣された。これは、第二次世界大戦以降では、日本が初めて海外に武装組織を派遣した瞬間だった。

経済大国としては、日本は主要国首脳会議 (G8) およびアジア太平洋経済協力 (APEC) の参加国である他、ASEANとの間では、ASEAN+3として関係を発展させている上に、東アジアサミットにも参加している。国際援助および開発支援の場でも日本は大きな貢献者であり、2004年には、同年の国民総所得の0.19%を援助金に充てた^[8]。

領土に関しては、北方領土を巡ってロシアと対立している他に、韓国から日本固有の領土である竹島を、独島と称して自国の領土であると主張されたり、日本海の呼称を東海に変更するよう求める活動を実施されたりしている。また、中国および台湾との間には尖閣諸島に関する問題、さらに中国との間では沖ノ鳥島の位置付けを巡る議論がある。これらの領土問題は、ある面では、それらの島の周囲の海域に埋蔵されていると推定される、石油や天然ガスといった天然資源および海洋生物資源を自国の支配下に置くための紛争であると見ることもできる。

北朝鮮との間では、同国による日本人の拉致と核兵器開発疑惑に関連する問題が現在進行中である。

脚注

[ヘルプ]

^ ^a ^b The EIU Democracy Index for the year 2014 民主主義指数では「完全な民主主義」とされている（2014年）。
^ 佐藤幸治編　『要説コンメンタール日本国憲法』　三省堂、1991年、58-59頁
^ 松澤浩一著　『議会法』　ぎょうせい、1987年、341頁
^ 佐藤幸治編　『要説コンメンタール日本国憲法』　三省堂、1991年、58頁
^ 浅野一郎・河野久著　『新・国会事典―用語による国会法解説』　有斐閣、2003年、35頁
^ 芦部信喜編　『演習憲法』　青林書院、1984年、513-514頁
^ "CPI 2015 table". Transparency International. 2016年1月28日閲覧。
^ Net Official Development Assistance In 2004 (PDF, 32.9 KiB) , Organisation for Economic Co-operation and Development, 11 April 2005. Retrieved 14 May 2006.

TranPedia

Wikipedia Translation from Japanese to English

2016년 11월 7일 월요일