Diet of Japan
Encyclopedia
The is Japan's bicameral
legislature. It is composed of a lower house
, called the House of Representatives
, and an upper house
, called the House of Councillors
. Both houses of the Diet
are directly elected under a parallel voting system
. In addition to passing laws, the Diet is formally responsible for selecting the Prime Minister
. The Diet was first convened as the Imperial Diet in 1889 as a result of adopting the Meiji constitution
. The Diet took its current form in 1947 upon the adoption of the postwar constitution
and is considered by the Constitution to be the highest organ of state power. The National Diet Building
is located in Nagatachō, Chiyoda, Tokyo
.
in Japan) may vote in these elections. Japan's parallel voting system is not to be confused with the Additional Member System
used in many other nations.
The Constitution of Japan
does not specify the number of members of each house of the Diet, the voting system, or the necessary qualifications of those who may vote or be returned in parliamentary elections
, thus allowing all of these things to be determined by law. However it does guarantee universal adult suffrage and a secret ballot. It also insists that the electoral law must not discriminate in terms of "race, creed, sex, social status, family origin, education, property or income".
Generally, the election of Diet members is controlled by statutes passed by the Diet. Because the Liberal Democratic Party
has controlled Japan for most of its postwar history, and gains much of its support from rural areas, rural areas generally have more representation in the Diet than do urban areas. The Supreme Court of Japan
began exercising judicial review
of apportionment laws following the Kurokawa decision of 1976, invalidating an election in which one district in Hyōgo Prefecture
received five times the representation of another district in Osaka Prefecture
. The Supreme Court has since indicated that the highest electoral imbalance permissible under Japanese law is 3:1, and that any greater imbalance between any two districts is a violation of Article 14 of the Constitution. In recent elections the malapportionement ratio amounted to 4.8 in the House of Councillors (census 2005: Ōsaka/Tottori; election 2007: Kanagawa/Tottori) and 2.3 in the House of Representatives (election 2009: Chiba 4/Kōchi 3).
Candidates for the lower house must be 25 years old or older and 30 years or older for the upper house. All candidates must be Japanese nationals. Under Article 49 of Japan's constitution, Diet members are paid about ¥1.3 million a month in salary. Each lawmaker is entitled to employ three secretaries with taxpayer funds, free train tickets, and four round-trip airplane tickets a month to enable them to travel back and forth to their home districts.
describes the National Diet as "the highest organ of state power" and "the sole law-making organ of the State". This statement is in forceful contrast to the Meiji Constitution
, which described the emperor
as the one who exercised legislative power with the consent of the Diet. The Diet's responsibilities include not only the making of laws but also the approval of the annual national budget that the government submits and the ratification of treaties. It can also initiate draft constitutional amendments, which, if approved, must be presented to the people in a referendum. The Diet may conduct "investigations in relation to government" (Article 62). The prime minister
must be designated by Diet resolution, establishing the principle of legislative supremacy over executive government agencies (Article 67). The government can also be dissolved by the Diet if it passes a motion of no confidence introduced by fifty members of the House of Representatives. Government officials, including the prime minister and cabinet members
, are required to appear before Diet investigative committees and answer inquiries. The Diet also has the power to impeach judges convicted of criminal or irregular conduct.
In most circumstances, in order to become law a bill must be first passed by both houses of the Diet and then promulgated by the Emperor
. This role of the Emperor is similar to the Royal Assent
in some other nations; however, the Emperor cannot refuse to promulgate a law and therefore his legislative role is merely a formality.
The House of Representatives is the more powerful chamber of the Diet. While the House of Representatives cannot usually overrule the House of Councillors on a bill, the House of Councillors can only delay the adoption of a budget or a treaty that has been approved by the House of Representatives, and the House of Councillors has almost no power at all to prevent the lower house from selecting any Prime Minister it wishes. Furthermore, once appointed it is the confidence of the House of Representatives alone that the Prime Minister must enjoy in order to continue in office. The House of Representatives can overrule the upper house in the following circumstances:
Under the constitution at least one session of the Diet must be convened each year. Technically only the House of Representatives is dissolved before an election but while the lower house is in dissolution the House of Councillors is usually 'closed'. The Emperor both convokes the Diet and dissolves the House of Representatives but in doing must act on the advice of the Cabinet
. In an emergency the Cabinet can convoke the Diet for an extraordinary session, and an extraordinary session may be requested by one quarter of the members of either house. At the beginning of each parliamentary session the Emperor reads a special speech
outlining the government's plans for the coming year from his throne in the chamber of the House of Councillors.
The presence of one third of the membership of either house constitutes a quorum
and deliberations are in public unless at least two-thirds of those present agree otherwise. Each house elects its own presiding officer who exercises the casting vote in the event of a tie. Members of each house have certain protections against arrest while the Diet is in session and words spoken and votes cast in the Diet enjoy parliamentary privilege
. Each house of the Diet determines its own standing orders and has responsibility for disciplining its own members. A member may be expelled, but only by a two-thirds majority vote. Every member of the Cabinet has the right to appear in either house of the Diet for the purpose of speaking on bills, and each house has the right to compel the appearance of Cabinet members.
in force from 1889 to 1947. The Meiji Constitution was adopted on February 11, 1889 and the Imperial Diet first met on November 29, 1890 when the document entered into operation. The Diet consisted of a House of Representatives and a . The House of Representatives was directly elected, if on a limited franchise; universal adult male suffrage was introduced in 1925. The House of Peers, much like the British House of Lords
, consisted of high ranking nobles.
The word diet
derives from Latin
and was a common name for an assembly in medieval Germany
. The Meiji constitution was largely based on the form of constitutional monarchy found in nineteenth century Prussia
and the new Diet was modeled partly on the German Reichstag
and partly on the British Westminster system
. Unlike Japan's modern constitution, the Meiji constitution granted a real political role to the Emperor, although in practice the Emperor's powers were largely directed by a group of oligarchs called the genrō
.
To become law or bill, a constitutional amendment had to have the assent of both the Diet and the Emperor. This meant that while the Emperor could no longer legislate by decree he still had a veto over the Diet. The Emperor also had complete freedom in choosing the Prime Minister and the Cabinet, and so, under the Meiji constitution, Prime Ministers often were not chosen from and did not enjoy the confidence of the Diet. The Imperial Diet was also limited in its control over the budget. While the Diet could veto the annual budget, if no budget was approved the budget of the previous year continued in force.
The proportional representation system for the House of Councillors, introduced in 1982, was the first major electoral reform under the postwar constitution. Instead of choosing national constituency candidates as individuals, as had previously been the case, voters cast ballots for parties. Individual councillors, listed officially by the parties before the election, are selected on the basis of the parties' proportions of the total national constituency vote. The system was introduced to reduce the excessive money spent by candidates for the national constituencies. Critics charged, however, that this new system benefited the two largest parties, the LDP and the Japan Socialist Party, which in fact had sponsored the reform.
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
legislature. It is composed of a lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
, called the House of Representatives
House of Representatives of Japan
The is the lower house of the Diet of Japan. The House of Councillors of Japan is the upper house.The House of Representatives has 480 members, elected for a four-year term. Of these, 180 members are elected from 11 multi-member constituencies by a party-list system of proportional representation,...
, and an upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
, called the House of Councillors
House of Councillors
The is the upper house of the Diet of Japan. The House of Representatives is the lower house. The House of Councillors is the successor to the pre-war House of Peers. If the two houses disagree on matters of the budget, treaties, or designation of the prime minister, the House of Representatives...
. Both houses of the Diet
Diet (assembly)
In politics, a diet is a formal deliberative assembly. The term is mainly used historically for the Imperial Diet, the general assembly of the Imperial Estates of the Holy Roman Empire, and for the legislative bodies of certain countries.-Etymology:...
are directly elected under a parallel voting system
Parallel voting
Parallel voting describes a mixed voting system where voters in effect participate in two separate elections for a single chamber using different systems, and where the results in one election have little or no impact on the results of the other...
. In addition to passing laws, the Diet is formally responsible for selecting the Prime Minister
Prime Minister of Japan
The is the head of government of Japan. He is appointed by the Emperor of Japan after being designated by the Diet from among its members, and must enjoy the confidence of the House of Representatives to remain in office...
. The Diet was first convened as the Imperial Diet in 1889 as a result of adopting the Meiji constitution
Meiji Constitution
The ', known informally as the ', was the organic law of the Japanese empire, in force from November 29, 1890 until May 2, 1947.-Outline:...
. The Diet took its current form in 1947 upon the adoption of the postwar constitution
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
and is considered by the Constitution to be the highest organ of state power. The National Diet Building
National Diet Building
The is the place where both houses of the Diet of Japan meet. It is located at 1-chome, Nagatachō, Chiyoda, Tokyo.Sessions of the House of Representatives take place in the left wing and sessions of the House of Councillors in the right wing....
is located in Nagatachō, Chiyoda, Tokyo
Chiyoda, Tokyo
is one of the 23 special wards in central Tokyo, Japan. In English, it is called Chiyoda ward. As of October 2007, the ward has an estimated population of 45,543 and a population density of 3,912 people per km², making it by far the least populated of the special wards...
.
Composition
The houses of the diet are elected under a parallel voting system. This means that the seats to be filled in any given election are divided into two groups, each elected by a different method; the main difference between the houses is in the sizes of the two groups and how they are elected. Voters are also asked to cast two votes: one for an individual candidate in a constituency, and one for a party list. Any national of Japan at least twenty years of age (the age of majorityAge of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
in Japan) may vote in these elections. Japan's parallel voting system is not to be confused with the Additional Member System
Additional Member System
The Additional Member System is the term used in the United Kingdom for the mixed member proportional representation voting system used in Scotland, Wales and the London Assembly....
used in many other nations.
- House of Representatives: Of 480 members, 300 are elected from single seat constituencies under the Single Member Plurality ("First-past-the-post") system, and 180 are elected from eleven separate electoral blocs under the party list systemParty-list proportional representationParty-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...
of proportional representationProportional representationProportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
(PR). - House of Councillors: Of 242 members, 146 are elected from 47 prefectural constituencies by means of the Single Non-Transferable VoteSingle non-transferable voteThe single non-transferable vote or SNTV is an electoral system used in multi-member constituency elections.- Voting :In any election, each voter casts one vote for one candidate in a multi-candidate race for multiple offices. Posts are filled by the candidates with the most votes...
. The remaining 96 are elected by open listOpen listOpen list describes any variant of party-list proportional representation where voters have at least some influence on the order in which a party's candidates are elected...
PR from a single national list.
The Constitution of Japan
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
does not specify the number of members of each house of the Diet, the voting system, or the necessary qualifications of those who may vote or be returned in parliamentary elections
Elections in Japan
The Japanese political system has three types of elections: general elections to the House of Representatives held every four years , elections to the House of Councillors held every three years to choose one-half of its members, and local elections held every four years for offices in prefectures,...
, thus allowing all of these things to be determined by law. However it does guarantee universal adult suffrage and a secret ballot. It also insists that the electoral law must not discriminate in terms of "race, creed, sex, social status, family origin, education, property or income".
Generally, the election of Diet members is controlled by statutes passed by the Diet. Because the Liberal Democratic Party
Liberal Democratic Party (Japan)
The , frequently abbreviated to LDP or , is a centre-right political party in Japan. It is one of the most consistently successful political parties in the democratic world. The LDP ruled almost continuously for nearly 54 years from its founding in 1955 until its defeat in the 2009 election...
has controlled Japan for most of its postwar history, and gains much of its support from rural areas, rural areas generally have more representation in the Diet than do urban areas. The Supreme Court of Japan
Supreme Court of Japan
The Supreme Court of Japan , located in Chiyoda, Tokyo is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law...
began exercising judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of apportionment laws following the Kurokawa decision of 1976, invalidating an election in which one district in Hyōgo Prefecture
Hyogo Prefecture
is a prefecture of Japan located in the Kansai region on Honshū island. The capital is Kobe.The prefecture's name was previously alternately spelled as Hiogo.- History :...
received five times the representation of another district in Osaka Prefecture
Osaka Prefecture
is a prefecture located in the Kansai region on Honshū, the main island of Japan. The capital is the city of Osaka. It is the center of Osaka-Kobe-Kyoto area.- History :...
. The Supreme Court has since indicated that the highest electoral imbalance permissible under Japanese law is 3:1, and that any greater imbalance between any two districts is a violation of Article 14 of the Constitution. In recent elections the malapportionement ratio amounted to 4.8 in the House of Councillors (census 2005: Ōsaka/Tottori; election 2007: Kanagawa/Tottori) and 2.3 in the House of Representatives (election 2009: Chiba 4/Kōchi 3).
Candidates for the lower house must be 25 years old or older and 30 years or older for the upper house. All candidates must be Japanese nationals. Under Article 49 of Japan's constitution, Diet members are paid about ¥1.3 million a month in salary. Each lawmaker is entitled to employ three secretaries with taxpayer funds, free train tickets, and four round-trip airplane tickets a month to enable them to travel back and forth to their home districts.
Powers
Article 41 of the ConstitutionConstitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
describes the National Diet as "the highest organ of state power" and "the sole law-making organ of the State". This statement is in forceful contrast to the Meiji Constitution
Meiji Constitution
The ', known informally as the ', was the organic law of the Japanese empire, in force from November 29, 1890 until May 2, 1947.-Outline:...
, which described the emperor
Emperor of Japan
The Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
as the one who exercised legislative power with the consent of the Diet. The Diet's responsibilities include not only the making of laws but also the approval of the annual national budget that the government submits and the ratification of treaties. It can also initiate draft constitutional amendments, which, if approved, must be presented to the people in a referendum. The Diet may conduct "investigations in relation to government" (Article 62). The prime minister
Prime Minister of Japan
The is the head of government of Japan. He is appointed by the Emperor of Japan after being designated by the Diet from among its members, and must enjoy the confidence of the House of Representatives to remain in office...
must be designated by Diet resolution, establishing the principle of legislative supremacy over executive government agencies (Article 67). The government can also be dissolved by the Diet if it passes a motion of no confidence introduced by fifty members of the House of Representatives. Government officials, including the prime minister and cabinet members
Cabinet of Japan
The of Japan is the executive branch of the government of Japan. It consists of the Prime Minister and up to fourteen other members, called Ministers of State. The Prime Minister is designated by the Diet, and the remaining ministers are appointed and dismissed by the Prime Minister...
, are required to appear before Diet investigative committees and answer inquiries. The Diet also has the power to impeach judges convicted of criminal or irregular conduct.
In most circumstances, in order to become law a bill must be first passed by both houses of the Diet and then promulgated by the Emperor
Emperor of Japan
The Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
. This role of the Emperor is similar to the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
in some other nations; however, the Emperor cannot refuse to promulgate a law and therefore his legislative role is merely a formality.
The House of Representatives is the more powerful chamber of the Diet. While the House of Representatives cannot usually overrule the House of Councillors on a bill, the House of Councillors can only delay the adoption of a budget or a treaty that has been approved by the House of Representatives, and the House of Councillors has almost no power at all to prevent the lower house from selecting any Prime Minister it wishes. Furthermore, once appointed it is the confidence of the House of Representatives alone that the Prime Minister must enjoy in order to continue in office. The House of Representatives can overrule the upper house in the following circumstances:
- If a bill is adopted by the House of Representatives and then either rejected, amended or not approved within 60 days by the House of Councillors, then the bill will become law if again adopted by the House of Representatives by a majority of at least two-thirds of members present.
- If both houses cannot agree on a budget or a treaty, even through the appointment of a joint committee of the Diet, or if the House of Councillors fails to take final action on a proposed budget or treaty within 30 days of its approval by the House of Representatives, then the decision of the lower house is deemed to be that of the Diet.
- If both houses cannot agree on a candidate for Prime Minister, even through a joint committee, or if the House of Councillors fails to designate a candidate within 10 days of House of Representatives' decision, then the nominee of the lower house is deemed to be that of the Diet.
Activities
Cabinet of Japan
The of Japan is the executive branch of the government of Japan. It consists of the Prime Minister and up to fourteen other members, called Ministers of State. The Prime Minister is designated by the Diet, and the remaining ministers are appointed and dismissed by the Prime Minister...
. In an emergency the Cabinet can convoke the Diet for an extraordinary session, and an extraordinary session may be requested by one quarter of the members of either house. At the beginning of each parliamentary session the Emperor reads a special speech
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
outlining the government's plans for the coming year from his throne in the chamber of the House of Councillors.
The presence of one third of the membership of either house constitutes a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
and deliberations are in public unless at least two-thirds of those present agree otherwise. Each house elects its own presiding officer who exercises the casting vote in the event of a tie. Members of each house have certain protections against arrest while the Diet is in session and words spoken and votes cast in the Diet enjoy parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
. Each house of the Diet determines its own standing orders and has responsibility for disciplining its own members. A member may be expelled, but only by a two-thirds majority vote. Every member of the Cabinet has the right to appear in either house of the Diet for the purpose of speaking on bills, and each house has the right to compel the appearance of Cabinet members.
History
Japan's first modern legislature was the established by the Meiji ConstitutionMeiji Constitution
The ', known informally as the ', was the organic law of the Japanese empire, in force from November 29, 1890 until May 2, 1947.-Outline:...
in force from 1889 to 1947. The Meiji Constitution was adopted on February 11, 1889 and the Imperial Diet first met on November 29, 1890 when the document entered into operation. The Diet consisted of a House of Representatives and a . The House of Representatives was directly elected, if on a limited franchise; universal adult male suffrage was introduced in 1925. The House of Peers, much like the British House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, consisted of high ranking nobles.
Diet (assembly)
In politics, a diet is a formal deliberative assembly. The term is mainly used historically for the Imperial Diet, the general assembly of the Imperial Estates of the Holy Roman Empire, and for the legislative bodies of certain countries.-Etymology:...
derives from Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
and was a common name for an assembly in medieval Germany
Holy Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...
. The Meiji constitution was largely based on the form of constitutional monarchy found in nineteenth century Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
and the new Diet was modeled partly on the German Reichstag
Reichstag (German Empire)
The Reichstag was the parliament of the North German Confederation , and of the German Reich ....
and partly on the British Westminster system
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
. Unlike Japan's modern constitution, the Meiji constitution granted a real political role to the Emperor, although in practice the Emperor's powers were largely directed by a group of oligarchs called the genrō
Genro
was an unofficial designation given to certain retired elder Japanese statesmen, considered the "founding fathers" of modern Japan, who served as informal extraconstitutional advisors to the emperor, during the Meiji, Taishō and early Shōwa periods in Japanese history.The institution of genrō...
.
To become law or bill, a constitutional amendment had to have the assent of both the Diet and the Emperor. This meant that while the Emperor could no longer legislate by decree he still had a veto over the Diet. The Emperor also had complete freedom in choosing the Prime Minister and the Cabinet, and so, under the Meiji constitution, Prime Ministers often were not chosen from and did not enjoy the confidence of the Diet. The Imperial Diet was also limited in its control over the budget. While the Diet could veto the annual budget, if no budget was approved the budget of the previous year continued in force.
The proportional representation system for the House of Councillors, introduced in 1982, was the first major electoral reform under the postwar constitution. Instead of choosing national constituency candidates as individuals, as had previously been the case, voters cast ballots for parties. Individual councillors, listed officially by the parties before the election, are selected on the basis of the parties' proportions of the total national constituency vote. The system was introduced to reduce the excessive money spent by candidates for the national constituencies. Critics charged, however, that this new system benefited the two largest parties, the LDP and the Japan Socialist Party, which in fact had sponsored the reform.
See also
- Politics of JapanPolitics of JapanThe politics of Japan is conducted in a framework of a parliamentary representative democratic monarchy, where Prime Minister of Japan is the head of government. Japanese politics uses a multi-party system. Executive power exercised by the government. Legislative power is vested in the Diet, with...
- History of JapanHistory of JapanThe history of Japan encompasses the history of the islands of Japan and the Japanese people, spanning the ancient history of the region to the modern history of Japan as a nation state. Following the last ice age, around 12,000 BC, the rich ecosystem of the Japanese Archipelago fostered human...
- Parliamentary systemParliamentary systemA parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
- BicameralismBicameralismIn the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
- National Diet LibraryNational Diet LibraryThe is the only national library in Japan. It was established in 1948 for the purpose of assisting members of the in researching matters of public policy. The library is similar in purpose and scope to the U.S...
External links
- National Diet Library: Diet and Parliaments has the Diet minutes (in Japanese) and additional information.