JAPAN
CONSTITUTION
Japan’s Constitution was drafted during the Allied occupation of Japan
following the Second World War. After surrender, Japan was very reluctant
to draft a new Constitution to replace the previous Constitution of the Empire
of Japan, Meiji, enacted in 1890. Japan’s first attempt at a post-war
constitution was rejected by General Douglas MacArthur, who oversaw the
occupation of Japan until 1951. Two officers with legal training on
MacArthur’s staff drafted much of Japan’s Constitution. Japanese lawyers,
leaders and legislators reviewed and revised the Constitution before its
adoption and enactment on May 3, 1947. Unlike many Constitutions, the
document has not been amended since its drafting.
The Japanese Constitution is sometimes referred to as the “Peace
Constitution” because Japan officially renounces war in Chapter 2, Article 9:
“Aspiring sincerely to an international peace based on justice and order, the
Japanese people forever renounce war as a sovereign right of the nation and
the threat or use of force as means of settling international disputes. (2) In
order to accomplish the aim of the preceding paragraph, land, sea, and air
forces, as well as other war potential, will never be maintained. The right of
belligerency of the state will not be recognized.” Today, Japan does have
armed forces, but they are maintained for the self-defense of Japan, rather
than for any offensive purpose.
Japan’s Constitution establishes a parliamentary democracy. Chapter 3 of the Constitution provides features of a democracy, such as free speech,
freedom of religion and thought, fundamental human rights, and the rights of
life, liberty and the pursuit of happiness.
EXECUTIVE BRANCH
While the Emperor is the Head of State in Japan, executive power is
vested in Japan’s Prime Minister and Cabinet. After the end of World War
Two, the Emperor’s power became extremely limited and the position is now
largely symbolic.
The Prime Minister is formally appointed by the Emperor of Japan and
selected by the National Diet. He serves as the Head of Government. In
turn, the Prime Minister selects and appoints members of the Cabinet.
Naoto Kan is the current Prime Minister, serving since 2010. Terms
are four years long and if a new Prime Minister is selected, the election cycle
yields a completely new Cabinet.
LEGISLATIVE BODY
Legislative authority in Japan is vested in the bicameral National Diet of
Japan. The National Diet makes all the laws for Japan. Before the end of
World War II, this power primarily rested with the Emperor.
The upper house of the National Diet is the 242-member House of
Councillors. The lower is the 480-member House of Representatives. Both
houses are popularly elected by a parallel voting system.
JUDICIAL SYSTEM
The judicial system of Japan is an independent branch of government,
an important check established after World War II. Most judges cannot be
removed from the bench except for cases of infirmity or incapacity, but voters
can remove a judge from the Supreme Court although this has never
happened.
The judicial system in Japan is four tiered:
The lowest level and most prevalent courts in Japan are known as
Summary Courts. Throughout the country, there are 438 Summary Courts
presided over by a single judge. These local courts primarily hear civil
cases, small claims, and minor crimes. These courts have limited ability to
punish or imprison. Civil cases are appealed to the District Court and
criminal cases are appealed to the High Court.
The next level of court is the District Courts. There are 50 District
Courts in Japan. Each of Japan’s 47 prefectures has a main District Court
with local branches and Hokkaido, because of its size, has three. The
District Courts are courts of general jurisdiction: they hear cases that are too
large to be heard in small claims court, bankruptcies, and felonies. Cases in
District Court are decided by three-judge panels. In 2009, Japan introduced
the system of saiban-in for certain types of criminal cases. Under the saibanin system, lay members of the community sit with a panel of professional
judges to hear the most serious criminal cases. Unlike the American jury
system, the judges and the lay assessors work together throughout the case.
The judges counsel the lay members on the applicable law, and the lay
members and judges can deliberate through the entire proceedings, not just
at the end of the case. Verdicts must be by a majority of the panel, but must
include both a vote from one judge and at least one lay member.
The District Courts also have a special division of Family Courts with
more than 203 branch offices around the country. The Family Courts
attempt to mediate domestic matters. If the cases cannot be resolved by
mediation, the matter is transferred to the District Court.
Japan’s High Courts cover several prefectures organized into circuits.
There are eight circuit courts. The High Courts serve as appellate courts for
cases appealed from the District Courts and criminal cases appealed from
the Summary Courts.
At the top of Japan’s judicial system is the Japanese Supreme Court.
The Supreme Court interprets Japan’s Constitution. The Chief Justice and
fourteen Justices are appointed by the Cabinet and approved by the
Emperor.
IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS
Japan has ratified thirteen of the sixteen United Nations international
legal instruments against terrorism.
Ratified
Yet to be Ratified
The Aircraft Convention: 1963
Convention on Offences and
Certain Other Acts Committed on
Board Aircraft
Ratified: May 26, 1970
The Unlawful Seizure Convention:
1970 Convention for the
Suppression of Unlawful Seizure of
Aircraft
Ratified: April 19, 1971
The Civil Aviation Convention: 1971
Convention for the Suppression of
Unlawful Acts against the Safety of
Civil Aviation
Ratified: June 12, 1974
The Diplomatic Agents Convention:
1973 Convention on the Prevention
and Punishment of Crimes Against
Internationally Protected Persons
Ratified: June 8, 1987
Hostages Convention: 1979
International Convention against the
Taking of Hostages
Ratified: June 8, 1987
Nuclear Materials Convention: 1980
Convention on the Physical
Protection of Nuclear Material
Ratified: October 28, 1988
Airport Protocol and Montreal
Convention on Air Safety: 1988
Protocol for the Suppression of
Unlawful Acts of Violence at
Airports Serving International Civil
Aviation, supplementary to the
Convention for the Suppression of
Unlawful Acts against the Safety of
Civil Aviation
Ratified: April 24, 1998
2005 Protocol for the Suppression
of Unlawful Acts against the safety
of fixed platforms located on the
Continental Shelf
2005 Amendment to the
Convention on the Physical
Protection of Nuclear Material
2005 Protocol to the Convention
for the Suppression of Unlawful
Acts against the Safety of
Maritime Navigation
Ratified
Maritime Convention: 1988
Convention for the Suppression of
Unlawful Acts against the Safety of
Maritime Navigation and the 2005
Protocol to the Convention for the
Suppression of Unlawful Acts
against the Safety of Maritime
Navigation
Ratified: April 24, 1998
Fixed Platform Protocol: 1988
Protocol for the Suppression of
Unlawful Acts Against the Safety of
Fixed Platforms Located on the
Continental Shelf and the 2005
Protocol to the Protocol for the
Suppression of Unlawful Acts
against the Safety of Fixed
Platforms Located on the
Continental Shelf
Ratified: April 24, 1998
Plastic Explosives Convention:
1991 Convention on the Marking of
Plastic Explosives for the Purpose
of Detection
Ratified: September 26, 1997
Terrorist Bombing Convention: 1997
International Convention for the
Suppression of Terrorist Bombings
Ratified: November 16, 2001
Terrorist Financing Convention:
1999 International Convention for
the Suppression of the Financing of
Terrorism
Ratified: June 11, 2002
Nuclear Terrorism Convention:
2005 International Convention for
the Suppression of Acts of Nuclear
Terrorism
Signed: September 2005
Ratified: August 3, 2007
Yet to be Ratified
In addition, Japan is working to implement UN Resolutions 1373 and
has made five reports to the United Nations Counter Terrorism Committee on
the county’s progress. Most recently, in 2005 Japan reported concrete
action in nine areas: immigration, aviation security, port and maritime
security, customs cooperation, export control and non-proliferation, lawenforcement cooperation, combating financing of terrorism, counter-CBRN
terrorism, counter-terrorism international conventions and protocols to further
comply with Resolution 1373. Japan has not made a report since Resolution
1624 was promulgated by the United Nations Security Council.
Japan reports that the country’s existing legislature largely addresses
all of portions of Resolution 1373. Japan highlights the laws and procedures
set up in their financial sector to combat money laundering, the financing of
terrorism and the financing of organized crime.
Japan is making further steps to increase port security and security of
container shipping and implemented the Container Security Initiative.
CORRUPTION AND GOVERNANCE
Japan is one of the more highly-developed countries in the world. The
Global Perceptions Index on Corruption ranked in 17th out of 178 counties.
All of Japan’s governance indicators fall within the 75th to 90th percentile and
have remained steady since 2003. However, nearly half of Japanese
citizens view the country as increasingly corrupt with political parties
perceived to be the most corrupt organization. Only 9% of Japanese citizens
report bribing a public official in the past year.