COMPARATIVE PUBLIC ADMINISTRATION MPA 503 LECTURE 22 PUBLIC

COMPARATIVE PUBLIC ADMINISTRATION MPA 503 LECTURE 22 PUBLIC ADMINISTRATION IN THE JAPAN 1

CONSTITUTION OF JAPAN • THE MODERN STATE OF JAPAN CAME ONTO EXISTENCE WITH THE MEJI RESTORATION IN 1868. • MEJI CONSTITUTION WAS BASED ON THE IDEALS OF AUTOCRACY, AUTHORITARIANISM, AND MONARCHY. • AFTER 2 ND WORLD WAR, JAPAN WAS PLACED UNDER ALLIED OCCUPATION FROM 1945 TO 1952. • JAPAN ADOPTED A NEW DEMOCRATIC CONSTITUTION IN 1947. 2

CONSTITUTION OF JAPAN • THE NEW CONSTITUTION IS BASED ON THE IDEALS OF THE DEMOCRACY AND PEACE. • THE NEW AND PRESENT CONSTITUTION OF JAPAN BECAME OPERATIVE IN 1947. 3

CONSTITUTION OF JAPAN WRITTEN CONSTITUTION: • LIKE AMERICAN CONSTITUTION, THE JAPANESE CONSTITUTION IS WRITTEN CONSTITUTION. • IT CONTAINS A PREAMBLE AND 103 ARTICLES DIVIDE INTO 11 CHAPTERS. 4

CONSTITUTION OF JAPAN Rigid Constitution: • Like American Constitution, the Japanese Constitution is a rigid one. • It cannot be amended by the Diet (Japanese Parliament). • It can be only amended by the means of a special process involving a referendum by the people as provided by the Constitution for that purpose. 5

CONSTITUTION OF JAPAN UNITARY CONSTITUTION • JAPANESE CONSTITUTION PROVIDES FOR A UNITARY STATE • ALL POWERS ARE VESTED IN THE SINGLE SUPREME CENTRAL GOVERNMENT LOCATED AT TOKYO. THE CENTRAL GOVERNMENT DELEGATES POWERS TO THE PROVINCES • THERE IS NO DIVISION OF POWERS BETWEEN THE CENTRAL AND PROVINCIAL GOVERNMENTS AND THE DIET CAN EXPAND OR DIMINISH THE POWER AND AUTHORITY OF THE PROVINCIAL GOVERNMENTS 6

PARLIAMENTARY GOVERNMENT SOME IMPORTANT FEATURES OF THE JAPANESE PARLIAMENTARY SYSTEM ARE AS UNDER: • THE EMPEROR IS THE NOMINAL EXECUTIVE WHILE THE CABINET IS THE REAL EXECUTIVE. • THE PARTY WHICH SECURES MAJORITY SEATS IN THE HOUSE OF REPRESENTATIVES FORMS THE GOVERNMENT AND THE LEADER OF THE MAJORITY PARTY BECOMES THE PRIME MINISTER 7

PARLIAMENTARY GOVERNMENT • THE PM IS DESIGNATED FROM AMONG THE MEMBERS OF THE DIET. • THE PM APPOINTS THE MINISTERS OF STATE. • THE PRIME MINISTER CAN REMOVE THE MINISTERS OF STATE. • THE EMPEROR CAN DISSOLVE THE HOUSE OF REPRESENTATIVES ON THE ADVICE OF PM. 8

DIFFERENCES COMPARED TO U. K • IN UK PRIME MINISTER IS CHOSEN AS WELL AS APPOINTED BY THE KING/QUEEN. IN JAPAN THE DIET CHOOES THE PRIME MINISTER WHO IS THEN APPOINTED BY THE MONARCH • IN UK MINISTERS ARE FORMALLYAPPOINTED BY KING WHERAS IN JAPAN THEY ARE APPOINTED BY PRIME MIONISTER • IN UK PRIME MINISTER CANNOT REMOVE MINISTERS WHEREAS IN JAPAN HE CAN DO SO • IN UK ALL MINISTERS HAVE TO BE MEMBERS OF PARLIAMENT , IN JAPAN ONLY A MAJORITY HAS TO BE MEMBERS OF THE DIET 9

CONSTITUTIONAL MONARCHY • THE CONSTITUTION MAKES THE FOLLOWING PROVISIONS WITH REGARDS TO THE INSTITUTION OF THE EMPEROR • THE EMPEROR IS THE SYMBOL OF THE STATE AND THE UNITY OF THE PEOPLE. • THE IMPERIAL THRONE IS DYNASTIC AND SUCCEEDED TO IN ACCORDANCE WITH THE LAW PASSED BY THE DIET. • THE ADVICE AND APPROVAL OF THE CABINET IS REQUIRED FOR ALL ACTS OF THE EMPEROR. • THE EMPEROR PERFORMS ONLY THOSE ACTS WHICH ARE ENUMERATED IN CONSTITUTION. • THE EMPEROR CAN NEITHER GIVE NOR RECEIVE IMPERIAL PROPERTY. 10

SUPREMACY OF CONSTITUTION • THE JAPANESE CONSTITUTION ESTABLISHES THE PRINCIPLE OF SUPREMACY OF CONSTITUTION. • THE JAPANESE SUPREME COURT DERIVES ITS POWER OF JUDICIAL REVIEW DIRECTLY FROM THE CONSTITUTION WHICH IS NOT THE CASE AS FAR AS THE PROCESS OF JUDICIAL REVIEW IN THE US IS CONCERNED • THE CONSTITUTION SPECIFICALLY LAYS DOWN THAT THE SUPREME COURT IS THE LAST RESORT WITH POWER TO DETERMINE THE CONSTITUTIONALITY OF ANY LAW, ORDER, REGULATION, OR OFFICIAL ACT. 11

FUNDAMENTAL RIGHTS • THE JAPANESE CONSTITUTION PROVIDES FOR RIGHTS ON THE MODEL OF THE BILL OF RIGHTS IN THE USA. • OUT OF A TOTAL OF 103 ARTICLES IN THE CONSTITUTION, 31 ARTICLES ARE DEVOTED TO THE RIGHTS AND DUTIES OF THE PEOPLE. • (I) RIGHT TO EQUALITY • (II) RIGHT TO FREEDOM • (III) RIGHT TO FREEDOM OF RELIGION • (IV) RIGHT TO PRIVATE PROPERTY • (V) RIGHT TO EDUCATION • (VI) ECONOMIC RIGHTS • (VII) CULTURAL RIGHTS 12

RENUNCIATION OF WAR • THE JAPANESE CONSTITUTION RENOUNCES WAR AS A SOVEREIGN RIGHT OF THE NATION. • IT PROHIBITS JAPAN FROM MAINTAINING LAND, SEA, AND AIR FORCES, AS WELL AS OTHER WAR POTENTIAL • IT DOES NOT ALSO RECOGNISE THE RIGHT OF BELLIGERENCY OF THE STATE • JAPAN IS THE ONLY MODERN STATE WHICH HAS CONSTITUTIONALLY RENOUNCED WAR FOREVER. (GOT INSERTED BY GENERAL MCARTHUR) 13

BICAMERALISM • THE JAPANESE DIET I CONSISTS OF TWO HOUSES NAMELY THE “HOUSE OF COUNCILORS” AND THE “HOUSE OF REPRESENTATIVES” • CONSTITUTIONALLY THE DIET IS THE HIGHEST ORGAN OF STATE POWER • THE HOUSE OF COUNCILORS CONSISTS OF 252 MEMBERS ELECTED FOR A SIX YEARS TERM. (100 MEMBERS ARE ELECTED ON CONSTITUENCY BASIS WHEREAS 152 ARE ELECTED ON A NATION WISE BASIS) • THE HOUSE OF REPRESENTATIVES CONSISTS OF 512 MEMBERS ELECTED FOR A TERM OF FOUR YEARS. • THE HOUSE OF REPRESENTATIVES HAS MORE POWERS AS COMPARED TO THE HOUSE OF COUNCILORS, ESPECIALLY IN THE FINANCIAL 14 MATTERS.

ORGANIZATION OF CENTRAL GOVERNMENT • THE ORGANIZATION OF CENTRAL GOVERNMENT IN JAPAN IS DETERMINED BY THE NATIONAL GOVERNMENT ORGANIZATION LAW(1948) • PRESENTLY THE CENTRAL GOVERNMENT CONSISTS OF THE PM OFFICE AND 12 MINISTERS HEADING THE FOLLOWING MINISTRIES: (I) MINISTRY OF FINANCE (II) MINISTRY OF HOME AFFAIRS (III) MINISTRY OF JUSTICE (IV) MINISTRY OF HEALTH 15

ORGANIZATION OF CENTRAL GOVERNMENT (V)MINISTRY OF INTERNATIONAL TRADE (VI) MINISTRY OF TRANSPORT (VII) MINISTRY OF FOREIGN AFFAIRS (VIII) MINISTRY OF LABOR (IX) MINISTRY OF EDUCATION (X) MINISTRY OF CONSTRUCTION (XI) MINISTRY OF TELECOMMUNICATIONS (XII) MINISTRY OF AGRICULTURE 16

COMMISSIONS AND AGENCIES THERE ARE THE FOLLOWING TWELVE COMMISSIONS AND AGENCIES HEADED RESPECTIVELY BY CHAIRMEN AND DIRECTOR GENERALS WHICH ARE ORGANISED AS EXTERNAL ORGANS OF THE PRIME MINISTERS OFFICE • NATIONAL PUBLIC SAFETY COMMISSION • FAIR TRADE COMMISSION • ENVIRONMENTAL DISPUTES COORDINATION COMMISSION • MANAGEMENT AND COORDINATION AGENCY 17

COMMISSIONS AND AGENCIES • • ECONOMIC PLANNING AGENCY ENVIRONMENT AGENCY NATIONAL LAND AGENCY SCIENCE AND TECHNOLOGY AGENCY DEFENCE AGENCY IMPERIAL HOUSEHOLD AGENCY OKINAWA DEVELOPMENT AGENCY HOKKAIDO DEVELOPMENT AGENCY MINISTRIES ARE HEADED BY CABINET MINISTERS ASSISTED BY ONE OR TWO VICE MINISTER AND AN ADMINISTRATIVE VICE MINISTER, THE LATTER BEING A CAREER CIVIL SERVANT 18