Japanese Executive

Project submitted to
Dr. Avinash Samal
(Faculty: Political Science)

Project submitted by
Shubhankar Thakur
(Major Political System, major)
Semester IV
Roll no. 149

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR, C.G.
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ACKNOWLEDGEMENT

I am highly elated to carry out my research on the topic, Japanese Executive. I would like to
give my deepest regard to my subject teacher Dr. Avinash Samal , who held me with his immense
advice, direction and valuable assistance, which enabled me to march ahead with this topic. I
would like to thank my friends, who gave me their precious time for guidance and helped me a
lot in completing my project by giving their helpful suggestion and assistance. I would like to
thank my seniors for their valuable support. I would also like to thank the library staff and
computer lab staff of my university for their valuable support and kind cooperation.

Shubhankar Thakur
Semester IV

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CONTENT

1. INTRODUCTION..4
I.
II.

RESEARCH METHODOLOGY.6
OBJECTIVES6
The Emperor of Japan
Powers of Emperor of Japan
The position of the Emperor
The Prime Minister of Japan
Functions of Prime Minister
Position of the Prime Minister
2. CONCLUSION..16
3. BIBLIOGRAPHY......18

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INTRODUCTION
The monarchy is the oldest institution in Japan. As a symbol, Emperor is enshrined in the hearts
of the people who attribute everything good to his virtue. His person was considered sacred and
inviolate. He was pictured as heaven-descended and divine. The Meiji Constitution conferred
sovereignty upon him. He was the head of the empire and the source of all authority. But, his
powers were exercised by his ministers or councilors or Supreme War Council. Before 1945, the
military leadership was supreme in Japan. The Constitution of 1947 constitutionally recognized
the nominal position of the Emperor and gave to it a constitutional recognition. What was actual
constitutional form now became a reality legally as well. The dualism was abolished and the real
powers were conferred on the Diet.
The head of state is the emperor who is called the Tenno. Tenn in Japanese means heavenly
sovereign. The head of state is the highest authority in the Shinto religion. The emperors role in
history has been between large ceremonies. He has had a symbolic role. The head of government
is the Prime minister. Japan is a single party system. The Prime Minister of Japan is Naoto Kan.
During the Meiji period, the Emperor was the head of the empire and all the powers were
concentrated in his hands. All the legislative and executive powers belonged to him. On the basis
of his power he ran the Government of the country. The Diet at the time used to merely record
his wishes. The Meiji Constitution had conferred divinity on him and he was made to look as a
divine person. Although the Meiji Constitution had given to him wide powers, yet he did not
exercise them. After the World War II ended, there were two different views on the question of
continuing the monarchy. Some held that monarchy be retained but its powers be limited. Other
held that office of the Emperor be abolished for establishing peaceful and democratic
Government in the country because the Emperor had promoted militarism and imperialism.
Ultimately it was agreed that the office be retained but the powers of the Emperor should be
limited. Consequently, under the new Constitution he was deprived of his powers and made a
nominal head of the nation. , the powers of the Emperor of Japan is insignificant.

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He has to appoint the person dominated by the Diet as the Prime Minister. He cannot exercise
any influence in the dissolution of the House of Representatives. The Cabinet takes decision in
this respect and he has to abide by this decision. The Emperor cannot veto the bills nor can he
return them to the Diet. He simply promulgates the laws passed by the Diet. He does not
influence the decision of the Cabinet. The Emperor no longer possesses any power of
Government for which he has ceased to be the foundation head of power which he was formerly.
He performs only such acts in matter of State as are provided for in the Constitution but he must
secure the advice and approval of the Cabinet.
Where as The Prime Minister of Japan 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. He is the head of the Cabinet
and appoints and dismisses the Ministers of State. The Prime Minister is the constitutional
creation. Article 6 specifically provides that the Emperor shall appoint the Prime Minister as
designated by the Diet. He is elected by the Diet. The office of the Prime Minister in Japan is the
creation of the Constitution and not the result of conventions. The office of the British Prime
Minister is based on Convention. The Prime Minister of Japan is Supra intra pares (Superior
among equals). In fact, he is the executive authority of the State and his powers are so vast that
any other constitutional ruler can hardly complete with them. In comparison to the Emperor and
the ministers, his powers are wider. The Prime Minister is not subordinate to any executive
authority. He is fully independent in his functions.

OBJECTIVES
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1. To Study the changes in the position and powers of Emperor before and after the formation
1947 Constitution?
2. To analyze the Power and Position of Real form of Executive which is the Prime Minister of
Japan?

RESEARCH METHODOLOGY
The method of research adopted for the project is the analytical and descriptive method.
The texts that were used for the project include articles, research papers given in various
websites as well as online journals.
Organisation of the study:
The study/report has been organized into two sections. The first section deals with the
introduction of my project o Japanese Executive, followed by objectives and methodology
adopted for carrying out the study. The second section deals with the knowledge about Japanese
Executive System. The final section deals with the concluding observations/suggestions.

The Emperor of Japan

The monarchy is the oldest institution in Japan. Chitoshi Yanaga writes, The Emperor has been
and still is the living symbol of the nations history, heritage and achievements, of all that is
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glorious in the nations past and present, of its continuity and durability. He is the incarnation of
history and religion. He is the spiritual anchor, the moral rudder and the political gyroscope that
ensures safety and steadiness of the course of the ship of State. As a symbol he is enshrined in
the hearts of the people who attribute everything good to his virtue. His person was considered
sacred and inviolate. He was pictured as heaven-descended and divine. 1 The Meiji Constitution
conferred sovereignty upon him. He was the head of the empire and the source of all authority.2
But, his powers were exercised by his ministers or councilors or Supreme War Council. Before
1945, the military leadership was supreme in Japan. The Emperor at that time was only a
figurehead, the real powers being exercised by his minister and councilors. The Emperor has
little say in the formulation of high policies or direction of State affairs. He was the symbol of
State.
The Constitution of 1947 constitutionally recognized the nominal position of the Emperor and
gave to it a constitutional recognition. What was actual constitutional form now became a reality
legally as well. The dualism was abolished and the real powers were conferred on the Diet. The
Cabinet was made responsible to it. The Constitution makes humanised the person of the
Emperor, formerly his person was regarded as divine and inviolate. Now the sovereignty belongs
to the people and not the Emperor. He is the constitutional head of the State and a legalized
figurehead.3

The Emperor of Japan is the head of the Imperial Family and is the ceremonial

head of state of Japan's system of constitutional monarchy. According to the 1947 constitution,
he is "the symbol of the state and of the unity of the people.

1 japan.kantei.go.jp/constitution
2 web-japan.org/factsheet/en/pdf/e08_governmental.
3 www.lakelandschools.us/lh/modonnell/virtualjapan/japgove.
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Powers of the Emperor of Japan

During the Meiji period, the Emperor was the head of the empire and all the powers were
concentrated in his hands. All the legislative and executive powers belonged to him. On the basis
of his power he ran the Government of the country. The Diet at the time used to merely record
his wishes. It was not sovereign as British Parliament is, the emperor was the epicenter of the
Government. The Meiji Constitution had conferred divinity on him and he was made to look as a
divine person. Although the Meiji Constitution had given to him wide powers, yet he did not
exercise them. His position was like the British King who reigns but does not govern.
After the World War II ended, there were two different views on the question of continuing the
monarchy. Some held that monarchy be retained but its powers be limited. Other held that office
of the Emperor be abolished for establishing peaceful and democratic Government in the country
because the Emperor had promoted militarism and imperialism. Ultimately it was agreed that the
office be retained but the powers of the Emperor should be limited. 4 Consequently, under the
new Constitution he was deprived of his powers and made a nominal head of the nation. He was
to act in accordance with the advice of the Cabinets. Another change that was made regarding his
position was that all his private property was declared to be the property of the State and his
expenses were appropriate annually by the vote of the Diet.
Article 1 of the 1947 Constitution declares that the emperor shall be the symbol of the State and
derive his powers from the people because sovereignty resides with them. The Emperor will
perform all his acts on the advice and approval of the Cabinet.
Executive Powers
1. The Emperor appoints the Prime Minister as designated by the Diet.
2. He attests the appointment and dismissal of Ministers of the State and other officials as
provided by law.
3. He also attests the full powers and credentials of ambassador and Ministers.
4. The Emperor is the foundation of honour and as such awards honours.
5. He attests the instruments of ratification and other diplomatic documents as provided for
by law.
6. He receives foreign ambassadors and Ministers accredited to Japan.
4 japan.kantei.go.jp/constitution
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The Emperor of Japan is the head of the Imperial Family and is the ceremonial head of state of
Japan's system of constitutional monarchy. According to the 1947 constitution, he is "the symbol
of the state and of the unity of the people." Historically, he is also the highest authority of the
Shinto religion as he and his family are said to be the direct descendants of the sun-goddess
Amaterasu, and his importance also lies in dealing with heavenly affairs, including Shinto ritual
and rites throughout the nation5. Currently, the Emperor of Japan is the only remaining monarch
in the world reigning under the title of "Emperor". The Imperial House of Japan is the oldest
continuing hereditary monarchy in the world.
The Position of the Emperor
After a careful study of the powers of the Emperor one comes to the conclusion that his powers
are merely formal and that he is the titular head of the nation. The Emperor is the symbol of the
State, of the unity of the people and deriving his power from the will of the people with whom
resides the sovereign power. Whatever functions the Emperor performs, he performs them on the
advice of the Cabinet. He does not possess any privileges. The taboos which surrounded his
position have been removed. The 1889 Constitution had declares him to be sacred and inviolate.
He was an absolute ruler. He could take decision himself. The Diet and Cabinet were advisory
institutions, but now his absolutism is over. Not only in theory but in practice too his sovereignty
has been abolished.6
The Emperor of Japan is no longer the real head of the State, but is only a constitutional head.
Sovereignty is with the people. The Emperor acts on the advice of the Cabinet and Cabinet is
responsible to the Diet. In the sphere of administration the Emperor enjoys no authority. All the
administrative authority vests in the Cabinet. He makes the appointment, summons the Diet,
dissolves the House of Representatives, confers titles and honours and promulgates decrees and
laws on the advice of the Cabinet. He has to take advice of the Cabinet even in the ceremonial
functions. Treaties are not concluded in his name, he simply promulgates them. In short, the new
constitution has weakened his position to the extent that without the assent of the Diet he cannot
5 web-japan.org/factsheet/en/pdf/e08_governmental.
6 www.lakelandschools.us/lh/modonnell/virtualjapan/japgove.
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give away any property, nor receive it, nor can he accept any gifts. The Imperial expenditure also
is to be approved by the Diet. To speak the truth the Emperor reigns but does not govern.
In comparison to the British King, the powers of the Emperor of Japan is insignificant. The King
can use his discretion in the appointment of the Prime Minister but the Emperor of Japan cannot
exercise his discretion. He has to appoint the person dominated by the Diet as the Prime Minister.
He cannot exercise any influence in the dissolution of the House of Representatives. The Cabinet
takes decision in this respect and he has to abide by this decision. The Emperor cannot veto the
bills nor can he return them to the Diet. He simply promulgates the laws passed by the Diet. He
does not influence the decision of the Cabinet.7 He does not even act as a mediator to settle the
political conflicts as the British monarch has done on many occasions. The constitution insists
that the Emperor should not take interest in politics and express any forming of public opinion.
The Emperor of Japan is not the Supreme Commander of the armed forces because Japan has
renunciated war. He does not exercise influence on the foreign policy of the country.
The Emperor no longer possesses any power of Government for which he has ceased to be the
foundation head of power which he was formerly. He performs only such acts in matter of State
as are provided for in the Constitution but he must secure the advice and approval of the Cabinet.
For these acts which he performs neither the Cabinet nor he is responsible. But it does not mean
that Emperor has lost his importance and honour.8 The Japanese people adore their Emperor. He
still enjoys the confidence of his subjects. The people regard him as a sacred and the source of
inspiration. He is the living symbol of the unity and strength of the nation. The people honour
him and they owe allegiance to him.

The 1947 Constitution has humanized and democratized the institution of Emperor. Previously
the Emperor was considered divine. He cannot now claim that he is the God on Earth. 9 He has
7 japan.kantei.go.jp/constitution
8 web-japan.org/factsheet/en/pdf/e08_governmental.
9 www.lakelandschools.us/lh/modonnell/virtualjapan/japgove.
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given to himself the form of common man. His acts can now be criticized. As a result of the
humanization of the emperor, he has won greater honour and allegiance of the people than
before.

Unlike most constitutional monarchies, the Emperor is not even the nominal chief executive. The
Constitution states that the Emperor "shall perform only such acts in matters of state as are
provided for in the Constitution and he shall not have powers related to government." (Article 4)
It also stipulates that "the advice and approval of the Cabinet shall be required for all acts of the
Emperor in matters of state" (Article 3). Article 4 also states that these duties can be delegated by
the Emperor as provided for by law. Article 65 explicitly vests executive power in the Cabinet, of
which the Prime Minister is the leader. For example, while the Emperor formally appoints the
Prime Minister to office, article 6 of the constitution requires him to appoint the candidate "as
designated by the Diet" (in practice, the candidate designated by the House of Representatives),
without any right to decline appointment. 10 Also, he is not the (ceremonial) commander-in-chief
of the Japan Self-Defense Forces, as in some other monarchies. The Japan Self-Defense Forces
Act of 1954 explicitly vests this role as commander-in-chief with the Prime Minister.

The Prime Minister of Japan

10 web-japan.org/factsheet/en/pdf/e08_governmental.
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It is the fundamental principle of the Cabinet Government that the Cabinet must have the support
of the majority in the house of legislature. In this form of Government, the leader of the majority
is summoned by the head of the State to form the ministry and only the person is appointed the
Prime Minister who commands majority. The head of the State has little choice in the matter.11
The Prime Minister of Japan 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. He is the head of the Cabinet and
appoints and dismisses the Ministers of State; the literal translation of the Japanese name for the
office is Minister for the Comprehensive Administration of the Cabinet or Minister who presides
over the Cabinet.
The office was created in 1885, four years before the enactment of the Meiji Constitution which
mentions neither cabinet nor prime minister explicitly. It took its current form with the adoption
of the current constitution in 1947 and the current Prime Minister is Shinz Abe, who took office
on December 26, 2012. He is the first former Prime Minister to resume the office since 1948.
In Japan, the Prime Minister is the constitutional creation. Article 6 specifically provides that the
Emperor shall appoint the Prime Minister as designated by the Diet. He is elected by the Diet. In
case of a deadlock between the two Houses, a Joint Committee is appointed to resolve the
deadlock. If the Joint Committee fails to reach the agreement, the decision of the House of
Representatives finally prevails after ten days. 12 The Emperor issues a formal appointment letter
to the person so selected. Thus, the procedure of appointing the Prime Minister in Japan differs
from that in Great Britain and India. In these countries, the leader of the majority party is
invariably summoned for Prime Ministership but in Japan he is elected by the Diet. The Emperor
gives only a formal approval. The election of the Prime Minister by the Diet gives birth to sharp
political activities and sometimes bitterness and rivalry are also created.13

11 www.jstor.org/stable/3024559
12 afe.easia.columbia.edu/at/jp_diet/govtjd05.
13 www.tandfonline.com/doi/pdf/10.1080/
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Functions
The Prime Minister is the keystone of the Government. He performs many functions and enjoys
wide powers. Although his powers are not as vast as that of the Prime Minister in Great Britain
and India, yet he has important powers. He performs the following functions14:
1. He constitutes the Government. With the appointment of the Prime Minister, the work of
the Diet and the Emperor in constituting the Government is completed and it now rest
with the Prime Minister to complete his list of ministers and present it to the Emperor for
his attestation.
2. Article 68 states that the Prime Minister can remove the minister. He can reshuffle his
Cabinet, whenever he likes. He has full control over the Cabinet.
3. The Prime Minister is the Chairman of the Cabinet. The ministers have to abide by the
wishes of the Prime Minister. He has the right to supervise the work of the various
ministers and maintain coordination among them. In case of a disagreement between
different departments, he acts as the arbitrator. He can reject or accept any proposal of a
minister, during their tenure of office, without the consent of the Prime Minister.15
4. He is the leader of the Diet in general, and the House of Representatives in particular. He
makes all important policy-announcements. He comes to the rescue of his ministers by
intervening in debates of the general importance.
5. The Prime Minster makes appointments to all important offices. While making
appointment to all the important offices. While making the appointment he consults his
colleagues, but his choice is final. He fixes the dates for the election of the Diet and its
session. He concludes international agreements.
6. He gives necessary approval for any legal action taken against the ministers of State.

14 www.jstor.org/japanese executive/
15 http://www.indexmundi.com/japan/executive_branch
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Position of the Prime Minister

The office of the Prime Minister in Japan is the creation of the Constitution and not the result of
conventions. The office of the British Prime Minister is based on Convention. The Prime
Minister of Japan is Supra intra pares (Superior among equals).16 In fact, he is the executive
authority of the State and his powers are so vast that any other constitutional ruler can hardly
complete with them. Even the President of the United States is not so powerful. With the
abolition of the Privy Council, the Supreme War Council etc, his powers have increased manifold
because before the new Constitution these organs shared power with him. In comparison to the
Emperor and the ministers, his powers are more wide. The Prime Minister is not subordinate to
any executive authority. He is fully independent in his functions.
The position of the Prime Minister may be summarized under these heads:
1. As a Boss of Cabinet: The Prime Minister in Japan is the master of the Cabinet. He appoints
the ministers, distributes portfolios among them, and can shuffle his pack as he pleases. In
the appointment of the ministers, his authority is no way limited. The attestation of the
Emperor is merely formal. The Prime Minister can any time remove his ministers. In 1953,
Prime Minister Yoshida removed Mr. Hirokawa.17 Thus the Prime Minister of Japan has
actually used his power of removing his ministers or asking resignations from them.
As we know, the Prime Minister is the chairman of the Cabinet. He presides over its meetings.
He settles the disputes of the different departments. He supervises their work and can suspend
their orders. The proceedings of the Cabinet are kept secret. Without the approval no legal action
can be taken against a minister and when he resigns, the entire Cabinet resigns. As the Chairman
of the Cabinet, he maintains strict control over its members. As its representative, he informs the
Diet of the national matters and foreign relations. 18 In short, if the Cabinet be compared to a

16 http://www.indexmundi.com/japan/executive_branch
17 www.jstor.org/stable/3024559
18 faculty.arts.ubc.ca/bnyblade/main/pres.pdf
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board of Directors or an executive committee, he is its powerful Chairman. As head of the

Cabinet, he represents the executive body internally and externally.
2. As Leader of the Diet: The Prime Minister is elected by the Diet and he can hold his
office only so long as he enjoys the confidence of House of Representatives. He submits
reports to the Diet on national and foreign matters. As a leader, he guides the proceedings
of the House and makes all important announcements.
In a way it may said that the Diet is the biggest organ because the Cabinet id responsible
to it, but in reality the Prime Minister provides life and leadership to the Diet. If the
House of Representatives acts contrary to his wishes, he may advice the Emperor its
dissolution. In 1953, when the House of Representatives passed a no-confidence motion
against Prime Yoshiba, he at once got the House dissolved. After the general election, he
was again elected the Prime Minister.19
3. As Leader of the Nation: The Prime Minister is the leader and the Representative of the
nation. He holds the reins of the administration of the country. He acts as a link between
the Emperor and the people. He holds the most powerful office in the Government. The
people look to him for the redress of their grievances. The Supreme War Council and the
Privy Council, which were rivals to him before 1945, have been abolished. He is now the
master of the countrys administration. He represents his country in international
conferences. He makes commitments on behalf of the nation and concludes treaties.
Thus, the Prime Minister of Japan, if not an absolute ruler, is certainly the most powerful
of all the executive officials. He is the actual wielder of the authority of the Emperor. He
may be called the cornerstone of the Cabinet. He is not primus intra pares, but
Supra intra pares. In his power and influence no other official of Japan equals to him. 20
He controls the birth, life and death of the Cabinets. He has wide influence over the Diet.
Besides, he enjoys great prestige and honour.

19 www.tandfonline.com/doi/pdf/10.1080/
20 www.jstor.org/stable/3024559
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CONCLUSION
On the one hand, the cabinet is headed by the Prime Minister. The cabinet further consists of the
ministers which are appointed by the prime minister and are usually members of the Diet. The
prime minister is elected by the Diet. The Prime Minister of Japan 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.
He is the head of the Cabinet and appoints and dismisses the Ministers of State. The Prime
Minister in Japan is the master of the Cabinet; he is the chair person of the Cabinet. He appoints
the ministers, distributes portfolios among them, and can shuffle his pack as he pleases. The
Prime Minister can also any time remove his ministers. He presides over its meetings and settles
the disputes of different department. As a head of the Cabinet, he represents the executive body
internally and externally. He is elected by the Diet and he can hold his office only so long as he
enjoys the confidence of the House of Representatives. As a leader, he guides the proceedings of
the House and makes all important announcements.
On the other hand, During the Meiji period, the Emperor was the head of the empire and all the
powers were concentrated in his hands. All the legislative and executive powers belonged to him.
On the basis of his power he ran the Government of the country. The Emperor at that time was
only a figurehead, the real powers being exercised by his minister and councilors. The Emperor
has little say in the formulation of high policies or direction of State affairs. He was the symbol
of State. The Constitution of 1947 constitutionally recognized the nominal position of the
Emperor and gave to it a constitutional recognition. What was actual constitutional form now
became a reality legally as well. The dualism was abolished and the real powers were conferred
on the Diet. The Cabinet was made responsible to it. The Constitution makes humanised the
person of the Emperor, formerly his person was regarded as divine and inviolate. The Emperor of
Japan is no longer the real head of the State, but is only a constitutional head. Sovereignty is with
the people. The Emperor acts on the advice of the Cabinet and Cabinet is responsible to the Diet.
In the sphere of administration the Emperor enjoys no authority. All the administrative authority
vests in the Cabinet. He makes the appointment, summons the Diet, dissolves the House of
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Representatives, confers titles and honours and promulgates decrees and laws on the advice of
the Cabinet. He has to take advice of the Cabinet even in the ceremonial functions. Treaties are
not concluded in his name, he simply promulgates them. In short, the new constitution has
weakened his position to the extent that without the assent of the Diet he cannot give away any
property, nor receive it, nor can he accept any gifts.

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BIBLIOGRAPHY
1. Vishnoo Bhagwan, The World Constitutions, Sterling Publisher Limited, 10th Edition, 2013
2. Prem Arora, World Constitutions, Cosmos Bookhive, 2013 Edition

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