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There
is still dispute as to whether Japan is a constitutional monarchy
or a republic. It has a parliamentary government, which consists
of three branches: the executive branch, the legislative branch
and the judicial branch. Sovereignty is vested in Japanese nationals
by whom officials are elected in all of the branches. There is universal
adult suffrage with a fair, reliable, secret ballot. For historical
reasons, the system is similar to that in the United Kingdom.
Government
Structure
Japan no longer officially has the traditional federal system, and
its 47 prefectures depend on the central government for subsidies.
Governors of prefectures, mayors of municipalities, and prefectural
and municipal assembly members are popularly elected for four year
terms.
Sovereignty,
which was previously embodied in the Emperor, is now the domain
of the people. The Emperor is defined as the symbol of the state.
Legislative
By the Constitution, the Diet is the most powerful of the three
branches and consists of two houses, the House of Representatives
and the House of Councillors. The Diet directs the Emperor in the
appointment and removal of the chiefs of the executive and judicial
branches.
At
present, the following political parties are represented in the
National Diet:
·
Liberal Democratic Party (LDP)
·
Democratic Party of Japan (DPJ)
·
New Clean Government Party (Komeito)
·
Japanese Communist Party (JCP)
·
Social Democratic Party (SDP)
Note:
The New Conservative Party (Hoshu Shinto) merged with the Liberal
Democratic Party of Japan on November 10, 2003 ("Hoshu Shinto
to merge with LDP").
The
LDP has been the dominant party for most of the post-war period
since 1955, and is composed of a several factions which are oriented
along personalistic rather than ideological lines.
Executive
The executive branch reports to the Diet. The chief of the executive
branch, the Prime Minister, is appointed by the Emperor as directed
by the Diet. He must be a member of the House of Representatives
and a civilian. The Cabinet, which he organizes, must also be civilian.
The Constitution states that the majority of the Cabinet must be
elected members of either house of the Diet, the precise wording
leaving an opportunity to appoint non-elected officials too. The
Prime Minister has the power to appoint and remove ministers.
In
cases when the Liberal Democratic Party (the LDP) has been in power,
it has been convention that the President of the LDP serves as prime
minister.
Judicial
The judicial branch is independent of the other two. Its judges
are appointed by the Emperor as directed by the Diet.
Japan's
judicial system, drawn from customary law, civil law, and Anglo-American
common law, consists of several levels of courts, with the Supreme
Court as the final judicial authority. The Japanese Japan Constitution,
drawn up on May 3, 1947 includes a bill of rights similar to the
United States Bill of Rights, and the Supreme Court has the right
of judicial review. Japanese courts do not use a jury system, and
there are no administrative courts or claims courts. Because of
the judicial system's basis, court decisions are made in accordance
with legal statutes. Only Supreme Court decisions have any direct
effect on later interpretation of the law.
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