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.