Japan’s GovernmentReturn to Essay List

The historical formation of Japan’s government is unlike any other. The current constitution and governmental structure didn’t come from development over time, or from a revolution of the people, but instead from an occupying force. Unlike many democratic states today which proceeded through a systematic pattern of development, Japan’s development jumped through stages, usually in an unorthodox manner.

Imperial Rule

Patterning its government originally after that of China, Japan began with a Monarchical system, developing in several stages:

1. Seventeen-Article Constitution¹ of 604 was written, not to govern Japan, but to bring harmony to the clans who ruled the country.
2. The Edict of Reform of 646 reorganized the economic control in favor of the central government.² This edict divided the country into 592 districts, which were given to governors who collected taxes for the central government.
3. The Taiho Code was created in 704, which set up a central administrative organization, following that of China. This structure was used to strengthen the right of the Emperor to rule by Divine Right.³

Feudal System

In 1192, the emperor granted the title of Seii Tai Shogun, which means barbarian-subduing generalissimo, to Yoritomo, the head of the largest samurai clan⁴. The power of the Shogun was developed through granting land rights to lords, who in turn divided them among his samurai. In return, the vassals pledged allegiance to their lord.

Meiji Restoration

After over 600 years of military rule, a restoration of the Emperor was orchestrated and the Shogun returned his power to the Emperor. In 1868 the Emperor issued the Five-Article Charter Oath, which was meant to bring harmony back to the country.⁵ In 1889 the constitution modeled after the Prussian Constitution was issued, setting the structure of the government.

Five-Article Charter Oath:

1. To have all matters decided publicly
2. The abolishment of classes
3. Common people were allowed to pursue their own goal
4. Everything was to be based on the laws of nature
5. Knowledge would be sought throughout the world

The Constitution of 1889

• Emperor- reigned over and governed Japan, and was “sacred and inviolable.” ⁶
• Cabinet- advisors to the Emperor, and members of the Privy Council.
• Privy Council- made up of the President, Vice President and twenty-five Councilors appointed by the Emperor. This council was to advise the Emperor and the cabinet.
• The Diet- was comprised of two houses, the upper chamber and lower chamber.
  • Upper chamber- the House of Peer, these were representatives of the highest taxpayers.
  • Lower chamber- the House of Representatives were elected by lower taxpayers. ⁷

End of World War II

After the Meji Restoration, Japan had a turbulent political system until the end of World War II, when Allied Powers occupied and handed Japanits new constitution. The current Japanese government is modeled after a mixture of a parliamentary system, such as is found in England, and ideas of democracy from America, making Japan’s government unique in many ways. Although Japan’s constitution was written by the Allied Powers, it is effective and well balanced. The new constitution established a government with three branches; the Diet, Cabinet and Judiciary.

The Emperor still holds his title and throne.

The Allied Powers’ hope in keeping the Emperor at the end of the War was that he would unite the people and be a symbol of Japan.⁸ The Emperor does hold some ceremonial functions, such as the dissolution of the House of Representatives, the proclamation of general election of members of the Diet, the awarding of honors, and receiving foreign Ambassadors and Ministers.⁹ The Emperor is also responsible for appointing the Prime Minister and the Chief Justice of the Supreme Court whom the Diet and Cabinet had designated. ¹⁰

The Diet is legislative branch of Japan. ¹¹

The national Diet is comprised of two houses, the House of Representatives, and the House of Councilors. As the sole law-making organ of the state, it is responsible for drafting, debating and passing bills, which will then be administered by the Cabinet. ¹²

• House of Representatives has 480 members with 4 year terms.
• House of Councilors has 247 members with 6 year terms. ¹³

Cabinet holds the executive power with its 17 members and the Prime Minister.¹⁴

Prime Minister is designated by the Diet and appointed by the Emperor. The Prime Minister is responsible for representing the Cabinet to the Diet, presenting bills to the Diet, and reporting to the Diet on the national and foreign affairs of the state. Ministers are appointed by the Prime Minister, and can be dismissed at anytime.

The main functions of the Cabinet:

• Administer the law and conduct affairs of the State
• Manage foreign affairs
• Enact Cabinet orders
• Prepare a budget for the Diet
• Administer civil service according to the laws established. ¹⁵

Judiciary: all power is vested in the Supreme Court, and lower courts.

The Chief Judge of the Supreme Court is appointed by the Emperor, and the other judges of the Supreme Court are appointed by the Cabinet. The judges of inferior courts are also appointed by the Cabinet from a list of persons nominated by the Supreme Court. ¹⁶

Japanese governmental structure:
http://en.wikipedia.org/wiki/Japanese_government