Government and society
Constitutional framework
Japan’s constitution was promulgated in 1946 and came into force in 1947, superseding the Meiji Constitution of 1889. It differs from the earlier document in two fundamental ways: the principle of sovereignty and the stated aim of maintaining Japan as a peaceful and democratic country in perpetuity. The emperor, rather than being the embodiment of all sovereign authority (as he was previously), is the symbol of the state and of the unity of the people, while sovereign power rests with the people (whose fundamental human rights are explicitly guaranteed). Article 9 of the constitution states that Japan “forever renounces war as a sovereign right of the nation”—a clause that has been much debated since the constitution’s promulgation.
The government is now based on a constitution that stipulates the separation of powers between the legislative, executive, and judicial branches. The emperor’s major role now consists of such formalities as appointing the prime minister—who is first designated by the Diet (Kokkai)—and appointing the chief justice of the Supreme Court (Saikō Saibansho), convoking sessions of the Diet, promulgating laws and treaties, and awarding state honours—all with the advice and approval of the cabinet (naikaku).
Legislative powers are vested in the Diet, which is popularly elected and consists of two houses. The House of Representatives (Shūgiin), or lower house, ultimately takes precedence over the House of Councillors (Sangiin), or upper house, in matters of passing legislation, controlling the budget, and approving treaties with foreign powers. Executive power is vested in the cabinet, which is organized and headed by the prime minister, though formally appointed by the House of Representatives. If the House of Representatives passes a resolution of no confidence or refuses to pass a vote of confidence in the government, the cabinet must resign, unless the House of Representatives is dissolved within 10 days of such action. There are governmental ministries and agencies in addition to the Prime Minister’s Office. All offices of the central government are located in and around the Kasumigaseki district in central Tokyo. An independent constitutional body called the Board of Audit is responsible for the annual auditing of the accounts of the state.