Organization and Structure of Present-Day Japan - Essay Example

Organization and structure of present day Japan The Constitution of Japan, drafted 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 monarchy with a parliamentary government. In promotes "separation of powers," and accordingly the activities of the national government are formally divided into legislative, judicial, and executive functions. The Government is divided into three bodies the Diet, which is the Legislative Branch, The Cabinet that is the Executive Branch and the Judicial Branch comprising of the Courts. The Emperor The Emperor, who is the symbol of Japan and of the unity of the people of Japan, has no powers related to government. He requires the advice and approval of the Cabinet, in all matters related to the state, the promulgation of amendments of the Constitution, laws, cabinet orders and treaties, the convocation of the Diet, the dissolution of the House of Representatives, the proclamation of general election of members of the Diet, the attestation of the appointment and dismissal of Ministers of State etc., and of full powers and credentials of Ambassadors and Ministers, the awarding of honors and the reception of foreign Ambassadors and Ministers. He also appoints the Prime Minister and the Chief Judge of the Supreme Court as designated by the Diet and the Cabinet respectively. In this respect, the position of the Emperor in postwar Japan differs from that in the prewar days when the Emperor was the source of sovereign power. Sovereignty is now is the people's domain. The Imperial Throne is dynastic and descendant from father to son. According to the data in Wikipedia.org, Emperor Akihito (born December 23, 1933) is the current Emperor of Japan and the 125th according to the traditional order of succession. He is the world's only reigning emperor. In Japan the reigning emperor is never referred to by his first name, but rather is referred to simply as tenn heika ("His Majesty the Emperor"). The era of Emperor Akihito's reign bears the name "Heisei" and by custom, after his death, he will be renamed "Emperor Heisei". The Diet The Diet, composed of two Houses, namely the House of Representatives and the House of Councilors, is the most powerful and the only law-making body of the state. The citizens of Japan over 20 years of age are eligible to vote. The House of Representatives is composed of 500 members. The minimum eligible age to be elected to it is 25.The term of office of members of the House of Representatives is generally four years. The representatives are elected directly by the people. They go on to complete their term of office unless the House itself is dissolved. The House of Councilors is composed of 252 members who are also elected directly by the people. Their minimum age requirement is 30 years. Their term of office is six years, and a half of them is elected every three years. Both Houses have more or less the same power but in some exceptional cases the decision of the House of Representatives takes precedence of that of the House of Councilors. Each House has the Secretariat and the Legislation Bureau. The Diet begins its 150-day ordinary session from January each year. 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. Although Japan is still considered a very Conservative nation, there is no discrimination because of race, creed, sex, social status, family origin, education, property or income. The Cabinet The cabinet is the Executive part of the State. It is headed by the Prime Minister and comprises of a maximum of 20 Ministers of State. This would include the Cabinet Secretary and some Ministers without a portfolio as well. They are held responsible to the Diet. The Cabinet has to resign en masse when the post of Prime Minister becomes vacant. If the House of Representatives passes a no confidence resolution or rejects a confidence resolution, then the Cabinet is deemed to have lost trust and shall resign en masse, unless the House of Representatives by itself is dissolved within ten days. Prime Minister, who is designated from among the members of the Diet by a resolution of the Diet and appointed by the Emperor, must be a civilian. The current Prime Minister of Japan, since 2001, is Junichiro Koizumi is on his third term. He has the authority to assign the portfolio to the Ministers of State chosen by him, and may dismiss them as he chooses. The Prime Minister, representing the Cabinet, submits bills to the Diet, reports to the Diet on general national affairs and foreign relations and exercises control and supervision over various administrative branches. The Cabinet has the Prime Minister's Office and twelve Ministries, which are established by the respective Establishment Laws and are enumerated in the National Government Organization Law, as well as the Cabinet Secretariat, Cabinet Legislation Bureau, National Personnel Authority and Security Council of Japan. There is the Board of Audit, composed of three commissioners, whose independent status is guaranteed under the Constitution. The Judiciary The legal system was modeled after European civil law system with English-American influence. The entire judicial power remains in the Supreme Court, and in lower courts such as High Courts, District Courts, Family Courts and Summary courts. In Japan, the independent standing of the judicial branch of government is protected, and the Constitution proclaims, "No disciplinary action against judges shall be administered by any executive organ or agency." This allows a freer atmosphere for the enforcement of law without any external political or other form of pressure. All legal conflicts, whether of a civil, administrative, or criminal nature, are subject to trial and judgment in the judiciary bodies. . Established by the Constitution, the Supreme Court is Japan's highest judicial organ. No extraordinary court can be established, nor can any organ of the Executive have final judicial power. According to Article Six of the Constitution, "the Emperor shall appoint the Chief Judge of the Supreme Court, as designated by the Cabinet," while the Cabinet directly appoints the other 14 Supreme Court judges. To be eligible for nomination, as indicated in the Law on Courts, one must be a person "of high discernment, well grounded in law, and at least 40 years old." The Cabinet appoints the judges of the Supreme Court except the Chief Judge, who is appointed by the Emperor. The judges of lower courts are also appointed by the Cabinet but only from a list of persons as suggested by the Supreme Court. The major political parties of present day Japan may be listed as Liberal Democratic Party: A highly conservative right wing party in power from 1955, the prime minister belongs to this party Democratic Party of Japan: A liberal social democratic left wing party leading the opposition New Clean Government Party: An emerging party and junior partner of the governing party Japanese Communist Party: A moderate communist left wing party, middle partner of opposition coalition Social Democratic Party (Japan): A moderate social democratic party of left wing and junior partner in opposition coalition. Organization chart of the Government of Japan Sources Fundamental Structure of the Government of Japan (n.d.). Retrieved September 24, 2005, from http://www.kantei.go.jp/foreign/constitution_and_government/frame_all_01.html Governmental Structure - Changing with the times Embassy of Japan (n.d.). Retrieved September 24, 2005, from http://www.sg.emb-japan.go.jp/JapanAccess/seifu.htm Politics of Japan (n.d.). Retrieved September 24, 2005, from http://en.wikipedia.org/wiki/Japanese_government#Japan.27s_Political_Parties The World Fact Book - Japan (n.d.). Retrieved September 24, 2005, from http://www.cia.gov/cia/publications/factbook/geos/ja.html#Govt Governments on the WWW. Japan (n.d.). Retrieved September 24, 2005, from http://www.gksoft.com/govt/en/jp.html Thomas A. Stanley and R.T.A. Irving The Present Political structure (n.d.). Retrieved September 24, 2005, from http://hkuhist2.hku.hk/nakasendo/polstruc.htm Read More