The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (, Shūgiin), and an upper house, the Senate (, Sangiin). Both houses are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally responsible for nominating the prime minister. The Diet was first established as the Imperial Diet in 1890 under the Meiji Constitution, and took its current form in 1947 upon the adoption of the post-war constitution. Both houses meet in the in Nagatachō, Chiyoda, Tokyo.
Composition
The houses of the National Diet are both elected under parallel voting systems. This means that the seats to be filled in any given election are divided into two groups, each elected by a different method; the main difference between the houses is in the sizes of the two groups and how they are elected. Voters are asked to cast two votes: one for an individual candidate in a constituency, and one for a party list. Any national of Japan at least 18 years of age may vote in these elections, reduced from age 20 in 2016.Japan Guide Coming of Age (seijin no hi) Retrieved June 8, 2007. Japan's parallel voting system (mixed-member majoritarian) is not to be confused with the mixed-member proportional systems used in many other nations. The Constitution of Japan does not specify the number of members of each house of the Diet, the voting system, or the necessary qualifications of those who may vote or be returned in parliamentary elections, thus allowing all of these things to be determined by ordinary law. However it does guarantee universal adult suffrage and a secret ballot. It also stipulates that the electoral law must not discriminate in terms of "race, creed, sex, social status, family origin, education, property or income".
The election of Diet members is controlled by statutes passed by the Diet. This is a source of contention concerning re-apportionment of prefectures' seats in response to changes of population distribution. For example, the Liberal Democratic Party (LDP) had controlled Japan for most of its post-war history, and it gained much of its support from rural areas. During the post-war era, large numbers of people relocated to urban centers for economic reasons; though some re-apportionments have been made to the number of each prefecture's assigned seats in the Diet, rural areas generally have more representation than do urban areas.U.S. Library of Congress Country Studies Japan – Electoral System . Retrieved June 8, 2007. Among rural interests, Japanese rice farmers historically had particular influence in internal LDP politics and national policies on trade and agricultural subsidies.
The Supreme Court of Japan began exercising judicial review of apportionment laws following the Kurokawa decision of 1976, invalidating an election in which one district in Hyōgo Prefecture received five times the representation of another district in Osaka Prefecture.The Judgement of the Supreme Court, January 14, 1976 (最大判昭51.1.14). In the most recent elections, the malapportionment ratio amounted to 3.03 in the House of Councillors (2022 election: Kanagawa/Fukui)Asahi Shimbun, June 22, 2022: 2022年参院選、一票の格差は最大3.032倍 朝日新聞算出 Retrieved December 14, 2024. and 2.06 in the House of Representatives (2024 election: Hokkaidō 3/Tottori 1).NHK, October 16, 2024: 衆議院選挙の「一票の格差」2倍以上に 前回の選挙に続き Retrieved December 14, 2024.
Candidates for the lower house must be 25 years old or older and 30 years or older for the upper house. All candidates must be Japanese nationals. Under Article 49 of Japan's Constitution, by law, Diet members are paid about ¥1.3 million a month in salary. Each lawmaker is entitled to employ three secretaries with taxpayer funds, and to receive free Shinkansen tickets, and four round-trip airplane tickets a month to enable them to travel back and forth to their home districts.Fukue, Natsuko, "The basics of being a lawmaker at the Diet ", The Japan Times, January 4, 2011, p. 3.
Powers
Article 41 of the Constitution describes the National Diet as "the highest organ of State power" and "the sole law-making organ of the State". This statement is in forceful contrast to the Meiji Constitution, which described the Emperor as the one who exercised legislative power with the consent of the Diet. The Diet's responsibilities include not only the making of laws but also the approval of the annual national budget that the government submits and the ratification of treaties. It can also initiate draft constitutional amendments, which, if approved, must be presented to the people in a referendum. The Diet may conduct "investigations in relation to government" (Article 62).
The Prime Minister must be designated by Diet resolution, establishing the principle of legislative supremacy over executive government agencies (Article 67). The government can also be dissolved by the Diet if the House of Representatives passes a motion of no confidence introduced by fifty members of the House of Representatives. Government officials, including the Prime Minister and Cabinet members, are required to appear before Diet investigative committees and answer inquiries. The Diet also has the power to impeach judges convicted of criminal or irregular conduct.National Diet Library. Constitution of Japan . Published 1947. Retrieved July 15, 2007.
In most circumstances, in order to become law a bill must be first passed by both houses of the Diet and then promulgated by the Emperor. This role of the Emperor is similar to the Royal Assent in some other nations; however, the Emperor cannot refuse to promulgate a law and therefore his legislative role is merely a formality.House of Councillors. Legislative Procedure. Published 2001. Retrieved July 15, 2007.
The House of Representatives is the more powerful chamber of the Diet.Asia Times Online Japan: A political tsunami approaches. By Hisane Masaki. Published July 6, 2007. Retrieved July 15, 2007. While the House of Representatives cannot usually overrule the House of Councillors on a bill, the House of Councillors can only delay the adoption of a budget or a treaty that has been approved by the House of Representatives, and the House of Councillors has almost no power at all to prevent the lower house from selecting any Prime Minister it wishes. Furthermore, once appointed it is the confidence of the House of Representatives alone that the Prime Minister must enjoy in order to continue in office. The House of Representatives can overrule the upper house in the following circumstances: If a bill is adopted by the House of Representatives and then either rejected, amended or not approved within 60 days by the House of Councillors, then the bill will become law if again adopted by the House of Representatives by a majority of at least two-thirds of members present.House of Representatives of Japan Disagreement between the Two Houses. Retrieved July 14, 2007. If both houses cannot agree on a budget or a treaty, even through the appointment of a joint committee of the Diet, or if the House of Councillors fails to take final action on a proposed budget or treaty within 30 days of its approval by the House of Representatives, then the decision of the lower house is deemed to be that of the Diet. If both houses cannot agree on a candidate for Prime Minister, even through a joint committee, or if the House of Councillors fails to designate a candidate within 10 days of House of Representatives' decision, then the nominee of the lower house is deemed to be that of the Diet.
Activities Under the Constitution, at least one session of the Diet must be convened each year. Technically, only the House of Representatives is dissolved before an election. But, while the lower house is in dissolution, the House of Councillors is usually "closed". The Emperor both convokes the Diet and dissolves the House of Representatives but in doing so must act on the advice of the Cabinet. In an emergency the Cabinet can convoke the Diet for an extraordinary session, and an extraordinary session may be requested by one-quarter of the members of either house.House of Representatives of Japan Sessions of the Diet. Retrieved July 14, 2007. At the beginning of each parliamentary session, the Emperor reads a special speech from his throne in the chamber of the House of Councillors.House of Representatives of Japan Opening Ceremony and Speeches on Government Policy. Retrieved July 14, 2007.
The presence of one-third of the membership of either house constitutes a quorum and deliberations are in public unless at least two-thirds of those present agree otherwise. Each house elects its own presiding officer who casts the deciding vote in the event of a tie. The Diet has parliamentary immunity. Members of each house have certain protections against arrest while the Diet is in session and arrested members must be released during the term of the session if the House demands. They are immune outside the house for words spoken and votes cast in the House. Each house of the Diet determines its own standing orders and has responsibility for disciplining its own members. A member may be expelled, but only by a two-thirds majority vote. Every member of the Cabinet has the right to appear in either house of the Diet for the purpose of speaking on bills, and each house has the right to compel the appearance of Cabinet members.
Legislative process The vast majority of bills are submitted to the Diet by the Cabinet. Bills are usually drafted by the relevant ministry, sometimes with the advice of an external committee if the issue is sufficiently important or neutrality is necessary.M. Nakamura and T. Tsunemoto, 'The Legislative Process: Outline and Actors', in Y.Higuchi (ed.), Five Decades of Constitutionalism in Japanese Society (Tokyo, 2001), pp. 197–219 Such advisory committees may include university professors, trade union representatives, industry representatives, and local governors and mayors, and invariably include retired officials. Such draft bills would be sent to the Cabinet Legislation Bureau of the government, as well as to the ruling party.
Building
History
Japan's first modern legislature was the established by the Meiji Constitution in force from 1889 to 1947. The Meiji Constitution was adopted on February 11, 1889, and the Imperial Diet first met on November 29, 1890, when the document entered into force. The first Imperial Diet of 1890 was plagued by controversy and political tensions. The Prime Minister of Japan at that time was General Count Yamagata Aritomo, who entered into a confrontation with the legislative body over military funding. During this time, there were many critics of the army who derided the Meiji slogan of "rich country, strong military" as in effect producing a poor country (albeit with a strong military). They advocated for infrastructure projects and lower taxes instead and felt their interests were not being served by high levels of military spending. As a result of these early conflicts, public opinion of politicians was not favorable.Stewart Lone Provincial Life and the Imperial Military in Japan . Page 12. Published 2010. Routledge.
The Imperial Diet consisted of a House of Representatives and a . The House of Representatives was directly elected, if on a limited franchise; universal adult male suffrage was introduced in 1925 when the Universal Manhood Suffrage Law was passed, but excluded women, and was limited to men 25 years or older.Colegrove, Kenneth (1929). "Labor Parties in Japan". American Political Science Review. 23 (2): 329–363. doi:10.2307/1945218. ISSN 0003-0554. JSTOR 1945218. S2CID 145649163. The House of Peers, much like the British House of Lords, consisted of high-ranking nobles chosen by the Emperor.House of Representatives of Japan From Imperial Diet to National Diet. Retrieved July 15, 2007.