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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 saiban-in 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
2005 Protocol for the Suppression of Unlawful Acts against the safety of fixed platforms located on the Continental Shelf
The Unlawful Seizure Convention: 1970 Convention for the Suppression of Unlawful Seizure of Aircraft Ratified: April 19, 1971
2005 Amendment to the Convention on the Physical Protection of Nuclear Material
The Civil Aviation Convention: 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: June 12, 1974
2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
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
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
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, law-
enforcement 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.