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52-738: In support of its opinion-giving and examination roles, the Bureau is divided into four departments: The First Department does opinion-giving work. It gives opinions. It interprets existing laws and pending legislation for the Executive Branch. Of course, the actual interpretation of the law is performed by the courts . The Constitutional Archives Research Office is also located in the First Department. The Second Department does examination work. It examines pending legislative bills, draft Cabinet orders, and draft treaties that relate to

104-466: A constitutional amendment per Article 73 of the Meiji Constitution. After garnering the required two-thirds majority in both chambers, it received imperial assent on November 3, 1946, and took effect on May 3, 1947. Prior to the adoption of the Meiji Constitution, Japan had in practice no written constitution . Originally, a Chinese-inspired legal system and constitution known as ritsuryō

156-485: A few special cases. Summary courts are presided over by one judge. Civil cases in a summary court are appealed to a district court, while criminal cases are appealed to a high court. At the second tier are the district courts (地方裁判所 chihō saibansho ), the principal courts of first instance. There are 50 district courts in the prefectural capitals, with additional 203 branches. Except for minor cases, which account for 80 to 90 percent of all adjudicated cases, trials require

208-693: A form of mixed constitutional and absolute monarchy , based jointly on the German and British models . In theory, the Emperor of Japan governed the empire with the advice of his ministers; in practice, the Emperor was head of state but the Prime Minister was the actual head of government . Under the Meiji Constitution, the Prime Minister and his Cabinet were not necessarily chosen from

260-522: A majority of voters in a referendum that occurs at the first general election following the judge's appointment and every ten years thereafter. The judiciary was far more constrained under the Meiji Constitution than it is under the present Constitution and had no authority over administrative or constitutional law cases. Moreover, the Ministry of Justice had complete and direct control over

312-778: A period of sweeping political and social reform and westernization aimed at strengthening Japan to the level of the nations of the Western world. The immediate consequence of the Constitution was the opening of the first Parliamentary government in Asia. The Meiji Constitution established clear limits on the power of the executive branch and the Emperor. It also created an independent judiciary . Civil rights and civil liberties were allowed, though they were freely subject to limitation by law. Free speech, freedom of association and freedom of religion were all limited by laws. The leaders of

364-661: A settlement cannot be reached between the parties, the case is transferred to the District Court. Although juries have not been used in Japan since 1943, a new quasi-jury system was passed into law in May 2004 and was implemented in 2009. They are not juries but "lay judges" (裁判員 saiban-in ) working side by side with the "professional judges". Typically, there are six lay judges and three professional judges for one case. The decision has to be by majority and include at least one of

416-463: A three-judge panel. These are the courts of general jurisdiction and the principal court of first instance. District Courts have original jurisdiction in felony cases and in civil cases where the disputed amount is over ¥1,400,000. They also handle bankruptcy hearings. Each District Court trial is presided over by at least one judge: two associate judges are also called in for appellate cases from Summary or Family Courts, or for criminal cases where

468-640: Is not required. Instead, summary court judges are formally nominated for pro forma cabinet appointment by a special selection committee formally comprising all Supreme Court justices, the President (長官 chōkan ) of the Tokyo High Court , the deputy procurator general, representatives of the bar, and others "with special knowledge and experience". They mostly handle small claims civil cases (disputes not in excess of ¥ 1,400,000), as well as minor criminal offenses. They are only able to imprison defendants in

520-620: Is the emphasis on wakai (和解) settlements by mutual agreement of the parties, with no loser or winner. These settlements have the same effect as a court judgement ( Code of Civil Procedure , article 267; Civil Execution Act , article 22). For example, in 2016, the District Courts issued 63,801 judgments and orders, and 52,957 claims were solved by wakai settlement. In the Summary Courts, the numbers were 186,808 and 40,509 respectively. Historically, courts in Japan were following

572-787: The Article 42 of the post-war Japanese Constitution based on bicameralism ) and the House of Peers as the upper house , (which resembled the Prussian Herrenhaus and the British House of Lords , now the House of Councillors of Japan under the Article 42 of the post-war Japanese Constitution based on bicameralism), and in the formal Speech from the Throne delivered by the Emperor on Opening Day (existing currently, under

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624-399: The Article 7 of the post-war Japanese Constitution ). The second chapter of the constitution, detailing the rights of citizens , bore a resemblance to similar articles in both European and North American constitutions of the day. The Meiji Constitution consists of 76 articles in seven chapters, together amounting to around 2,500 words. It is also usually reproduced with its Preamble,

676-596: The Cabinet and appointed to office by the Emperor . The Grand Bench is subdivided into three "Petty Benches" (小法廷 Shōhōtei ) of five justices each, who hear incoming appeals and recommend them for an audience before the Grand Bench. An appeal to the Supreme Court is called jōkoku (上告), and requires either an error in the interpretation of the Constitution, or an error in the interpretation of case law from

728-831: The Intellectual Property High Court (知的財産高等裁判所 Chiteki-zaisan kōtō saibansho ) in Tokyo, which is a special branch of Tokyo High Court . A high court usually sits in the same manner as a three-judge district court. Each court is led by a President, who is appointed by the Cabinet. An appeal to a high court is called kōso (控訴). The high courts are appellate courts for either kōso appeals from district court judgments, criminal judgments from summary courts, or, in civil cases tried initially in summary courts, second ( jōkoku 上告) appeals limited to issues of law. The prefectural district courts are administered under

780-748: The Ministry of Economy, Trade and Industry ; and the Ministry of the Environment . 35°40′24″N 139°44′53″E  /  35.67333°N 139.74806°E  / 35.67333; 139.74806 This article related to government in Japan is a stub . You can help Misplaced Pages by expanding it . Judicial system of Japan Naruhito [REDACTED] Fumihito [REDACTED] Shigeru Ishiba ( LDP ) Second Ishiba Cabinet ( LDP – Komeito coalition ) [REDACTED] [REDACTED] Fukushiro Nukaga Kōichirō Genba [REDACTED] Masakazu Sekiguchi Hiroyuki Nagahama Saburo Tokura Kazuo Ueda In

832-641: The Ministry of Foreign Affairs ; the Ministry of Finance ; and the Board of Audit . The Fourth Department does examination work. It examines pending legislative bills, draft Cabinet orders, and draft treaties that relate to the Fair Trade Commission ; the Environmental Disputes Coordination Commission; the Ministry of Health, Labour and Welfare ; the Ministry of Agriculture, Forestry and Fisheries ;

884-552: The National Foundation Day of Japan in 660 BC), but came into effect on November 29, 1890. The first National Diet of Japan , a new representative assembly , convened on the day the Meiji Constitution came into force. The organizational structure of the Diet reflected both Prussian and British influences, most notably in the inclusion of the House of Representatives as the lower house (existing currently, under

936-521: The Privy Council was established in 1888 to evaluate the forthcoming constitution, and to advise Emperor Meiji. The draft committee included Inoue Kowashi , Kaneko Kentarō , Itō Miyoji and Iwakura Tomomi , along with a number of foreign advisors , in particular the German legal scholars Rudolf von Gneist and Lorenz von Stein . The central issue was the balance between sovereignty vested in

988-520: The Prusso - German model, in which the Emperor of Japan was an active ruler and wielded considerable political power over foreign policy and diplomacy which was shared with an elected Imperial Diet . The Diet primarily dictated domestic policy matters. After the Meiji Restoration, which restored direct political power to the emperor for the first time in over a millennium, Japan underwent

1040-576: The judicial system of Japan , the Constitution of Japan guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws" (Article 76). They cannot be removed from the bench "unless judicially declared mentally or physically incompetent to perform official duties", and they cannot be disciplined by executive agencies (Article 78). Supreme Court judges, however, may be removed by

1092-535: The ritsuryō system of government had become largely an empty formality as early as in the middle of the Heian period in the 10th and 11th centuries, a development which was completed by the establishment of the Kamakura Shogunate in 1185. The high positions in the ritsuryō system remained as sinecures , and the emperor was de-powered and set aside as a symbolic figure who "reigned, but did not rule" (on

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1144-662: The surrender in the World War II on September 2, 1945, the Empire of Japan was deprived of sovereignty by the Allies , and the Meiji Constitution was suspended. During the Occupation of Japan , the Meiji Constitution was replaced by a new document, the postwar Constitution of Japan . This document replaced imperial rule with a form of Western-style liberal democracy . To preserve legal continuity, these changes were enacted as

1196-510: The Cabinet; the Ministry of Justice ; the Ministry of Education, Culture, Sports, Science and Technology ; the Ministry of Land, Infrastructure, Transport and Tourism ; and the Ministry of Defense . The Third Department does examination work. It examines pending legislative bills, draft Cabinet orders, and draft treaties that relate to the Financial Services Agency ; the Ministry of Internal Affairs and Communications ;

1248-529: The Constitution or the Emperor is supreme. The Emperor of Japan had the right to exercise executive authority, and to appoint and dismiss all government officials. The Emperor also had the sole rights to declare war, make peace, conclude treaties, dissolve the lower house of Diet , and issue Imperial ordinances in place of laws when the Diet was not in session. Most importantly, command over the Imperial Japanese Army and Imperial Japanese Navy

1300-451: The Diet, an amendment had to be adopted in both chambers by a two-thirds majority of the total number of members of each (rather than merely two-thirds of the total number of votes cast). Once it had been approved by the Diet, an amendment was then promulgated into law by the Emperor, who had an absolute right of veto. No amendment to the constitution was permitted during the time of a regency. Despite these provisions, no amendments were made to

1352-447: The Diet, and no measure could become law without the agreement of the Emperor and the Diet. On the other hand, the Diet was given the authority to initiate legislation, approve all laws, and approve the budget. Amendments to the constitution were provided for by Article 73. This stipulated that, to become law, a proposed amendment had to be submitted first to the Diet by the Emperor through an imperial order or rescript. To be approved by

1404-595: The Diet, was established with two houses. The Upper House, or House of Peers consisted of members of the Imperial Family, hereditary peerage and members appointed by the Emperor. The Lower House, or House of Representatives was directly elected by all males who paid at least 15 yen in property taxes, effectively limiting the suffrage to 1.1 percent of the population. These qualifications were loosened in 1900 and 1919 with universal adult male suffrage introduced in 1925. The Emperor shared legislative authority with

1456-526: The Empire of Japan ( Kyūjitai : 大日本帝國憲法 ; Shinjitai : 大日本帝国憲法 , romanized: Dai-Nippon Teikoku Kenpō ), known informally as the Meiji Constitution ( 明治憲法 , Meiji Kenpō ), was the constitution of the Empire of Japan which was proclaimed on February 11, 1889, and remained in force between November 29, 1890, and May 2, 1947. Enacted after the Meiji Restoration in 1868, it provided for

1508-741: The Imperial Oath Sworn in the Sanctuary in the Imperial Palace, and the Imperial Rescript on the Promulgation of the Constitution, which together come to nearly another 1,000 words. The seven chapters are: Unlike its modern successor, the Meiji Constitution was founded on the principle that sovereignty resided in person of the Emperor, by virtue of his divine ancestry "unbroken for ages eternal", rather than in

1560-989: The Intellectual Property High Court and three specialized divisions of the Tokyo District Court－ the Commercial Division, the Insolvency Division and the Intellectual Property Divisions － moved from Kasumigaseki." There are eight regional high courts (高等裁判所 Kōtō saibansho ). They ( Sapporo , Sendai , Tokyo , Nagoya , Osaka , Hiroshima , Takamatsu , and Fukuoka ) serve defined circuits of several prefectures each; there are also "branch offices" in Akita , Kanazawa , Okayama , Matsue , Miyazaki , and Naha . There also exists

1612-453: The Supreme Court or a high court. In addition to these strata, there is also a Family Court (家庭裁判所 Katei saibansho ) tied to each District Court, as well as in over 200 branch offices throughout the country. Family Courts primarily deal with juvenile delinquency cases and divorce, although they have a broad jurisdiction that encompasses all forms of domestic disputes, including correcting koseki registration data and partitioning estates. If

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1664-497: The courts "in the name of the Emperor". Rules on the succession of the imperial throne and on the Imperial household were left outside the Constitution; instead, a separate Act on the Imperial household ( koshitu tenpan ) was adopted. This Act was not publicly promulgated, because it was seen as a private Act of the Imperial household rather than a public law. Separate provisions of the Constitution are contradictory as to whether

1716-400: The courts' administrative affairs. Nonetheless, Professor John Haley argues that the courts maintained complete independence in the adjudication of particular cases. "Judicial independence from the political branches was emphatically established as a fundamental principle of governance in Article 57 of the Meiji Constitution. Of all branches of government only the courts exercised authority 'in

1768-565: The elected members of parliament . During the Allied occupation of Japan , the Meiji Constitution was replaced with the " Postwar Constitution " on November 3, 1946; the latter document has been in force since May 3, 1947. In order to maintain legal continuity, the Postwar Constitution was enacted as an amendment to the Meiji Constitution. The Meiji Restoration in 1868 provided Japan a form of constitutional monarchy based on

1820-403: The government and the political parties were left with the task of interpretation as to whether the Meiji Constitution could be used to justify authoritarian or liberal-democratic rule. It was the struggle between these tendencies that dominated the government of the Empire of Japan. Franchise was limited, with only 1.1% of the population eligible to vote for the Diet. Universal manhood suffrage

1872-466: The government since the beginnings of the Meiji government . The conservative Meiji oligarchy viewed anything resembling democracy or republicanism with suspicion and trepidation, and favored a gradualist approach. The Freedom and People's Rights Movement demanded the immediate establishment of an elected national assembly , and the promulgation of a constitution. On October 21, 1881, Itō Hirobumi

1924-399: The imperial constitution from the time it was adopted until its demise in 1947. The present constitution is legally reckoned as an amendment to the Meiji Constitution; this was done to preserve legal continuity even though it is a completely new document. However, according to Article 73 of the Meiji Constitution, the amendment should be authorized by the Emperor. Indeed, the 1947 Constitution

1976-669: The inquisitorial procedure, for example in a shirasu court (白州) in the Edo era, where the Chief Magistrate (奉行 bugyō ) was also the prosecutor. After 1890, Japan was influenced by the European inquisitorial style of French and German law, where judges and the prosecutor had the responsibility to find the fact and apply the law. After 1948, the courts in Japan were influenced by the American adversarial system. In 2021, similar to

2028-529: The justification of the emperor's authority through his divine descent and the unbroken line of emperors, and the unique relationship between subject and sovereign. The Council of State was replaced in 1885 with a cabinet headed by Itō as Prime Minister . The positions of Chancellor , Minister of the Left , and Minister of the Right , which had existed since the seventh century, were abolished. In their place,

2080-503: The maximum penalty would be in excess of one year in prison. Attorneys sit on either side of the courtroom, facing the center. In a criminal case, the accused faces the judges from the rear of the courtroom. The witness box is in the center, also facing the judges. In 2022, a new courthouse was opened, “'Intellectual Property High Court and Nakameguro Branch of Tokyo District Court' (commonly called as 'the Business Court '), in which

2132-559: The most interest to the Constitutional Study Mission. Influence was also drawn from the British Westminster system , although it was considered as being unwieldy and granting too much power to Parliament . He also rejected some notions as unfit for Japan, as they stemmed from European constitutional practice and Christianity. He therefore added references to the kokutai or "national polity" as

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2184-428: The name of the Emperor' ( 天皇ノ名 , Tennō no mei ) ." Haley argues that this was and remains a matter of great pride for Japanese judges and notes that "placed prominently in all courtrooms was the inscription 'in the name of the Emperor' as a meaningful reminder to imperial officials and subjects alike that the Emperor's judges were not subject to political control or direction." A key feature of Japanese courts

2236-477: The people. Article 4 states that the "Emperor is the head of the Empire, combining in himself the rights of sovereignty". The Emperor, nominally at least, united within himself all three branches ( executive , legislative and judiciary ) of government, although legislation (article 5) and the budget (article 64) were subject to the "consent of the Imperial Diet". Laws were issued and justice administered by

2288-479: The person of the Emperor, and an elected representative legislature with powers that would limit or restrict the power of the sovereign. After numerous drafts from 1886 to 1888, the final version was submitted to Emperor Meiji in April 1888. The Meiji Constitution was drafted in secret by the committee, without public debate. The new constitution was promulgated by Emperor Meiji on February 11, 1889 (the anniversary of

2340-528: The previous year, Japan ranked 15th in the World Justice Project's Rule of Law Index, placing the country 3rd among the G7 economies. Japan's court system is divided into four tiers. At the first (lowest) of the four tiers of courts are the 438 summary courts (簡易裁判所 kan'i saibansho ), staffed by 806 summary court judges. Summary court judges are not career judges. Qualification as a regular judge

2392-777: The professional judges. Such saiban-in trials are only used in serious cases, such as those punishable by death penalty or life imprisonment, and cases that caused a victim to die. This is provided in the Act on Criminal Trials with the Participation of Saiban-in . Meiji Constitution Naruhito [REDACTED] Fumihito [REDACTED] Shigeru Ishiba ( LDP ) Second Ishiba Cabinet ( LDP – Komeito coalition ) [REDACTED] [REDACTED] Fukushiro Nukaga Kōichirō Genba [REDACTED] Masakazu Sekiguchi Hiroyuki Nagahama Saburo Tokura Kazuo Ueda The Constitution of

2444-602: The regional high courts as follows: At the apex of the judicial hierarchy is the Supreme Court (最高裁判所 Saikō saibansho ), located adjacent to the National Diet Building in the Nagatachō district of Chiyoda , Tokyo. The "Grand Bench" (大法廷 Daihōtei ) of the Supreme Court has associate justices, who are appointed by the Cabinet with the Emperor 's attestation. The Chief Justice is nominated by

2496-402: The theory that the living god should not have to defile himself with matters of earthly government). The Charter Oath was promulgated on 6 April 1868, which outlined the fundamental policies of the government and demanded the establishment of deliberative assemblies , but it did not determine the details. The idea of a written constitution had been a subject of heated debate within and without

2548-501: Was appointed to chair a government bureau to research various forms of constitutional government, and in 1882, Itō led an overseas mission to observe and study various systems first-hand. The United States Constitution was rejected as too liberal. The French and Spanish models were rejected as tending toward despotism . The Reichstag and legal structures of the German Empire , particularly that of Prussia , proved to be of

2600-410: Was directly held by the Emperor, and not the Diet. The Meiji Constitution provided for a cabinet consisting of Ministers of State who answered to the Emperor rather than the Diet, and to the establishment of the Privy Council . Not mentioned in the Constitution were the genrō , an inner circle of advisors to the Emperor, who wielded considerable influence. Under the Meiji Constitution, a legislature,

2652-480: Was enacted in the 6th century (in the late Asuka period and early Nara period ); it described a government based on an elaborate and theoretically rational meritocratic bureaucracy, serving under the ultimate authority of the emperor and organised following Chinese models. In theory the last ritsuryō code, the Yōrō Code enacted in 752, was still in force at the time of the Meiji Restoration. However, in practice

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2704-554: Was not established (under law) until the General Election Law , which gave every male aged 25 and over a voting right, was enacted in 1925. The Meiji Constitution was used as a model for the 1931 Constitution of Ethiopia by the Ethiopian intellectual Tekle Hawariat Tekle Mariyam . This was one of the reasons why the progressive Ethiopian intelligentsia associated with Tekle Hawariat were known as "Japanizers". By

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