Government

The Emperor

The Imperial Palace is in Chiyoda, Tokyo. The Emperor is Japan's head of state, but under the 1947 constitution, has very little practical role in the Japanese government. He is responsible for convening the National Diet, for appointing the Prime Minister and Chief Justice, and for other ceremonial tasks. To reinforce the Emperor's subservience to the people, he is governed by the Imperial Household Law of 1947, a law passed and adopted by the Diet.

The Imperial Household Law is chiefly important in that it establishes rules for succession. Under Articles 1 and 2 of the Law, all Emperors must be male and a female is ineligible to inherit the throne. Historically, there have been several female Emperors, and currently, there are no male heirs capable of inheriting the throne more than two or three decades into the future. This has led to ongoing debate in Japan over whether to revise the law to permit females to inherit the throne.

The National Diet

The National Diet Building is in Nagata-cho, Tokyo. The National Diet or Kokkai is the legislature of Japan. It functions similarly to a parliament in the Westminster model, as it is bicameral, and the lower house majority forms the government. However, it also resembles the American congressional model in that the upper house is elected, and both houses must generally consent to pass legislation.

The lower house is the House of Representatives or Shugiin.

The upper house is the House of Councillors or Sangiin.

The Cabinet

Legislative process

The lawmaking process is generally as follows:

  1. Proposals for new laws are sent to the Cabinet by ministries, agencies, Diet members, organizations, etc.
  2. For complicated matters, the Cabinet will often appoint a special committee.
  3. Either the Cabinet or its special committee refers the matter to affected ministries for input.
  4. The committee and ministry reports are reviewed by the Cabinet Legislation Bureau, which drafts a bill.
  5. The bill goes to the government's (i.e. the ruling party/coalition's) political committee, which finalizes it.
  6. The Prime Minister places the bill on the Diet floor for debate. (Cabinet Law, Article 5)
  7. Both houses of the Diet vote to approve the bill.
  8. The Emperor seals the bill, and it becomes law.

The Bureaucracy

The upper-level organs of the bureaucracy are:

The Judiciary

Legal professions

Bengoshi are "attorneys at law." Like barristers in the British Commonwealth, they tend to specialize in appearing before courts, as this is the only field in which they hold a true monopoly. However, many bengoshi now have practices in corporate and commercial law as well, particularly in the major international law firms in Tokyo. Admission to the bar is very strictly regulated; the bar exam pass rate is generally kept between 2 and 3 percent, and the average bengoshi must take the exam six or seven times in order to pass (with only one sitting available per year). After taking the bar exam (generally following their bachelor's degree), bengoshi spend two years as Shiho shushusei; "law trainees" at the Legal Research and Training Institute of the Supreme Court of Japan, where they are separated into Saiban kan; "judge", Kensatsu kan; "public prosecutor" and private attorney tracks.

Gaikokuho jimu bengoshi, "gaiben" for short, are attorneys qualified to practice foreign law in Japan. While they may consult with clients, draft documents and provide legal advice on foreign law, they may not participate in domestic litigation or advise on domestic law. There is no examination to become a gaiben, but a gaiben must be admitted to a foreign bar and practice there for at least three years (one of which may be spent in Japan). Some are Japanese; others are foreign nationals, mostly from the US. As of June 2000, there were 139 gaiben in Japan [2]. Note that many foreign attorneys working in Japan do not register as gaiben; rather, they work in-house at corporations, as research and document specialists or simply practice without obtaining the qualification (the latter is technically illegal but not strictly enforced).

Shiho shoshi are "judicial document attorneys" who deal with a variety of legal documents for lawsults or land/enterprise registrations. They are generally considered to be slightly below bengoshi in status, but must pass an examination with a passage rate only slightly higher than the bar. Zeirishi are "tax accountants" who give advice on various tax matters.

Benrishi are "patent attorneys." They differ from most foreign concepts of patent attorneys in that they have no monopoly on patent filing (bengoshi may also file patents), and have limited powers to participate alongside bengoshi in patent hearings or litigations.

Gyosei shoshi are "administrative document attorneys," specializing in dealing with documents required by administrative laws (including immigration law) and filing documents for government ministries and agencies. They form one of the largest segments of the legal profession. Koshonin are "notaries," a tiny class of legal professionals with a monopoly on certifying various types of documents, such as articles of incorporation. Retired judges, prosecutors, and high-ranking civil servants often become koshonin.

Additionally, many companies have legal departments predominantly staffed by employees with an educational background in law, but no professional qualifications.



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