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Local Autonomy Act

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The Local Autonomy Act ( 地方自治法 , Chihō-jichi-hō ) , passed by the House of Representatives and the House of Peers on March 28, 1947 and promulgated as Law No. 67 of 1947 on April 17, is an Act of devolution that established most of Japan 's contemporary local government structures and administrative divisions , including prefectures , municipalities and other entities. On July 16, 1999, the law was amended to eliminate administrative functions imposed upon local governments by the central governments and to establish Committee for Settling National-Local Disputes . The law and other relevant laws have been amended after the revision to promote decentralization .

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84-762: The classification of local public entities ( 地方公共団体 , chihō kōkyō dantai ) (LPEs) are: Ordinary LPEs are the basic local governments. The distinction between ordinary and special LPEs is primarily relevant under the Constitution of Japan , which grants ordinary LPEs particular rights, including: Special LPEs do not have these authorities except as otherwise provided by statute. While special wards are regarded as basic local governments within Tokyo, other special LPEs are consortia of LPEs for specific fields such as schools, waterworks and waste management. LPEs are self-governing in many respects, but report indirectly to

168-407: A member of parliament , or parliamentary republics , where a mostly ceremonial president is the head of state while the head of government is from the legislature. In a few countries, the head of government is also head of state but is elected by the legislature. In bicameral parliaments, the head of government is generally, though not always, a member of the lower house . Parliamentary democracy

252-541: A parliamentary system and three branches of government, with the National Diet (legislative), Cabinet led by a Prime Minister (executive), and Supreme Court (judicial) as the highest bodies of power. It guarantees individual rights, including legal equality ; freedom of assembly , association , and speech ; due process ; and fair trial . In contrast to the Meiji Constitution, which invested

336-406: A 'model copy' prepared by MacArthur's command. Parliamentary system A parliamentary system , or parliamentary democracy , is a form of government where the head of government (chief executive) derives their democratic legitimacy from their ability to command the support ("confidence") of a majority of the legislature , to which they are held accountable. This head of government

420-541: A King was 1188 Alfonso IX, King of Leon (Spain) convened the three states in the Cortes of León . The Corts of Catalonia were the first parliament of Europe that officially obtained the power to pass legislation, apart from the custom. An early example of parliamentary government developed in today's Netherlands and Belgium during the Dutch revolt (1581), when the sovereign, legislative and executive powers were taken over by

504-490: A cabinet meeting on the following day. After Shidehara Cabinet decision, Jōji Matsumoto aimed to draft a Japanese government bill based on the MacArthur Draft, and the draft was completed on 2 March of the same year. On 4 March Jōji Matsumoto presented the draft to Whitney, but GHQ noticed that there were differences between the MacArthur Draft and the 2 March Draft. In particular, the 2 March Draft did not include

588-485: A change in power without an election, and for allowing elections at any time. Bagehot considered fixed-term elections such as the four-year election rule for presidents of the United States to be unnatural, as it can potentially allow a president who has disappointed the public with a dismal performance in the second year of his term to continue on until the end of his four-year term. Under a parliamentary system,

672-653: A definite election calendar can be abused. Under some systems, such as the British, a ruling party can schedule elections when it believes that it is likely to retain power, and so avoid elections at times of unpopularity. (From 2011, election timing in the UK was partially fixed under the Fixed-term Parliaments Act 2011 , which was repealed by the Dissolution and Calling of Parliament Act 2022 .) Thus, by

756-472: A different party. In Canada and Australia, there are no restraints on legislators switching sides. In New Zealand, waka-jumping legislation provides that MPs who switch parties or are expelled from their party may be expelled from Parliament at the request of their former party's leader. A few parliamentary democracies such as the United Kingdom and New Zealand have weak or non-existent checks on

840-466: A directly elected lower house with the power to determine the executive government, and an upper house which may be appointed or elected through a different mechanism from the lower house. Scholars of democracy such as Arend Lijphart distinguish two types of parliamentary democracies: the Westminster and Consensus systems. Implementations of the parliamentary system can also differ as to how

924-408: A draft created under his own supervision, which was reviewed and modified by the scholars before its adoption. Also known as the "MacArthur Constitution", "Post-war Constitution" ( 戦後憲法 , Sengo-Kenpō ) , or "Peace Constitution" ( 平和憲法 , Heiwa-Kenpō ) , it is relatively short at 5,000 words, less than a quarter the length of the average national constitution. The constitution provides for

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1008-412: A forward-looking Basic Plan (kihon keikaku) for their long-term economic and social development, to cover a duration of around 25 years. It has to be approved by the elected local council as part of a comprehensive planning that tied to the local fiscal decision. Takegawa notes that in 1970, less than 10% of local governments had made comprehensive plans, by 1975 the number had gone up to 75%, and in 1980 it

1092-653: A powerful president with an executive responsible to parliament: for example, the French Fifth Republic . Parliamentarianism may also apply to regional and local governments . An example is Oslo which has an executive council (Byråd) as a part of the parliamentary system. The devolved nations of the United Kingdom are also parliamentary and which, as with the UK Parliament , may hold early elections – this has only occurred with regards to

1176-614: A preamble, and a heated argument ensued. Finally, adjustments were made by the Japanese government and GHQ, and the draft was completed on 6 March. On 6 March 1946, the government publicly disclosed an outline of the pending Constitution. On 10 April, elections were held for the House of Representatives of the Ninetieth Imperial Diet, which would consider the proposed Constitution. The election law having been changed, this

1260-476: A prime minister that has lost support in the middle of his term can be easily replaced by his own peers with a more popular alternative, as the Conservative Party in the UK did with successive prime ministers David Cameron , Theresa May , Boris Johnson , Liz Truss , and Rishi Sunak . Although Bagehot praised parliamentary governments for allowing an election to take place at any time, the lack of

1344-431: A rapid change in legislation and policy as long as there is a stable majority or coalition in parliament, allowing the government to have 'few legal limits on what it can do' When combined with first-past-the-post voting , this system produces the classic "Westminster model" with the twin virtues of strong but responsive party government. This electoral system providing a strong majority in the House of Commons, paired with

1428-516: A shrewd timing of elections, in a parliamentary system, a party can extend its rule for longer than is feasible in a presidential system. This problem can be alleviated somewhat by setting fixed dates for parliamentary elections, as is the case in several of Australia's state parliaments. In other systems, such as the Dutch and the Belgian, the ruling party or coalition has some flexibility in determining

1512-415: A touching-up of the Meiji Constitution". MacArthur rejected them outright and ordered his staff to draft a completely new document. An additional reason for this was that on 24 January 1946, Prime Minister Shidehara had suggested to MacArthur that the new Constitution should contain an article renouncing war. As the momentum for constitutional amendment increased, interest in the constitution increased among

1596-486: A warning example of the flaws of parliamentary systems that if the United States had a parliamentary system, Donald Trump , as head of government, could have dissolved the United States Congress . The ability for strong parliamentary governments to push legislation through with the ease of fused power systems such as in the United Kingdom, whilst positive in allowing rapid adaptation when necessary e.g.

1680-539: Is a violation of the Constitution. Article 9. 1)    Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. 2)   In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of

1764-461: Is rather what is often criticized about presidential systems. Fontaine compares United Kingdom's Margaret Thatcher to the United States' Ronald Reagan noting the former head of government was much more powerful despite governing under a parliamentary system. The rise to power of Viktor Orbán in Hungary has been claimed to show how parliamentary systems can be subverted. The situation in Hungary

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1848-528: Is remembered as one of the figures relevant later for convening two famous parliaments. The first , in 1258, stripped the king of unlimited authority and the second, in 1265, included ordinary citizens from the towns . Later, in the 17th century, the Parliament of England pioneered some of the ideas and systems of liberal democracy culminating in the Glorious Revolution and passage of

1932-546: Is the supreme law of Japan . Written primarily by American civilian officials during the occupation of Japan after World War II , it was adopted on 3 November 1946 and came into effect on 3 May 1947, succeeding the Meiji Constitution of 1889. The constitution consists of a preamble and 103 articles grouped into 11 chapters. It is based on the principles of popular sovereignty , with the Emperor of Japan as

2016-554: Is the dominant form of government in the European Union , Oceania , and throughout the former British Empire , with other users scattered throughout Africa and Asia . A similar system, called a council–manager government , is used by many local governments in the United States . The first parliaments date back to Europe in the Middle Ages. The earliest example of a parliament is disputed, especially depending how

2100-406: Is their ability to allow and accommodate more diverse viewpoints. He states that because "legislators are not compelled to vote against their constituents on matters of local concern, parties can serve as organizational and roll-call cuing vehicles without forcing out dissidents." All current parliamentary democracies see the indirect election or appointment of their head of government. As a result,

2184-403: Is usually, but not always, distinct from a ceremonial head of state . This is in contrast to a presidential system, which features a president who is not fully accountable to the legislature, and cannot be replaced by a simple majority vote. Countries with parliamentary systems may be constitutional monarchies , where a monarch is the head of state while the head of government is almost always

2268-552: The 1708 Scottish Militia Bill . Whilst both the UK and New Zealand have some Acts or parliamentary rules establishing supermajorities or additional legislative procedures for certain legislation, such as previously with the Fixed-term Parliaments Act 2011 (FTPA), these can be bypassed through the enactment of another that amends or ignores these supermajorities away, such as with the Early Parliamentary General Election Act 2019 – bypassing

2352-593: The Bill of Rights 1689 . In the Kingdom of Great Britain , the monarch, in theory, chaired the cabinet and chose ministers. In practice, King George I 's inability to speak English led to the responsibility for chairing cabinet to go to the leading minister, literally the prime or first minister, Robert Walpole . The gradual democratisation of parliament with the broadening of the voting franchise increased parliament's role in controlling government, and in deciding whom

2436-576: The Empire of Japan , propagated during the reign of Emperor Meiji ( r.  1867–1912 ). It provided for a form of mixed constitutional and absolute monarchy , based on the Prussian and British models. In theory, the Emperor of Japan was the supreme leader, and the cabinet, whose prime minister was elected by a privy council , were his followers; in practice, the Emperor was head of state but

2520-778: The First Austrian Republic . Nineteenth-century urbanisation , the Industrial Revolution and modernism had already made the parliamentarist demands of the Radicals and the emerging movement of social democrats increasingly impossible to ignore; these forces came to dominate many states that transitioned to parliamentarism, particularly in the French Third Republic where the Radical Party and its centre-left allies dominated

2604-927: The Irish Free State and the Union of South Africa . Some of these parliaments were reformed from, or were initially developed as distinct from their original British model: the Australian Senate , for instance, has since its inception more closely reflected the US Senate than the British House of Lords ; whereas since 1950 there is no upper house in New Zealand. Many of these countries such as Trinidad and Tobago and Barbados have severed institutional ties to Great Britain by becoming republics with their own ceremonial Presidents, but retain

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2688-521: The Ministry of Internal Affairs and Communications in Tokyo , which monitors relations between LPEs, as well as relations between LPEs and the government. The Ministry generally approves all inter-prefectural special LPEs, while inter-municipal special LPEs are approved by prefectural governors. The Local Autonomy Act (paragraph 5 of Article 2) was revised in 1969 that required local governments to produce

2772-484: The Northern Ireland Assembly in 2017 and 2022 . A few parliamentary democratic nations such as India , Pakistan and Bangladesh have enacted laws that prohibit floor crossing or switching parties after the election. Under these laws, elected representatives will lose their seat in the parliament if they go against their party in votes. In the UK parliament, a member is free to cross over to

2856-712: The States General of the Netherlands from the monarch, King Philip II of Spain . Significant developments Kingdom of Great Britain , in particular in the period 1707 to 1800 and its contemporary, the Parliamentary System in Sweden between 1721 and 1772 , and later in Europe and elsewhere in the 19th and 20th centuries, with the expansion of like institutions, and beyond In England, Simon de Montfort

2940-530: The United Kingdom (Prime Minister Winston Churchill ), and the Republic of China (President Chiang Kai-shek ) issued the Potsdam Declaration . The Declaration demanded Japanese military's unconditional surrender , demilitarisation and democratisation . The declaration defined the major goals of the post-surrender Allied occupation : "The Japanese Government shall remove all obstacles to

3024-490: The fused power system results in a particularly powerful government able to provide change and 'innovate'. The United Kingdom's fused power system is often noted to be advantageous with regard to accountability. The centralised government allows for more transparency as to where decisions originate from, this contrasts with the American system with Treasury Secretary C. Douglas Dillon saying "the president blames Congress,

3108-803: The parliamentary constitutions of Italy and West Germany (now all of Germany) and the 1947 Constitution of Japan . The experiences of the war in the occupied nations where the legitimate democratic governments were allowed to return strengthened the public commitment to parliamentary principles; in Denmark , a new constitution was written in 1953, while a long and acrimonious debate in Norway resulted in no changes being made to that country's strongly entrenched democratic constitution . A parliamentary system may be either bicameral , with two chambers of parliament (or houses) or unicameral , with just one parliamentary chamber. A bicameral parliament usually consists of

3192-578: The 2/3rd supermajority required for an early dissolution under the FTPA -, which enabled the early dissolution for the 2019 general election . Parliamentarism metrics allow a quantitative comparison of the strength of parliamentary systems for individual countries. One parliamentarism metric is the Parliamentary Powers Index. Parliamentary systems like that found in the United Kingdom are widely considered to be more flexible, allowing

3276-458: The Benelux countries require a sitting member of the legislature to resign such positions upon being appointed to the executive. Furthermore, there are variations as to what conditions exist (if any) for the government to have the right to dissolve the parliament: The parliamentary system can be contrasted with a presidential system which operates under a stricter separation of powers, whereby

3360-673: The Congress blames the president, and the public remains confused and disgusted with government in Washington". Furthermore, ministers of the U.K. cabinet are subject to weekly Question Periods in which their actions/policies are scrutinised; no such regular check on the government exists in the U.S. system. A 2001 World Bank study found that parliamentary systems are associated with less corruption. In his 1867 book The English Constitution , Walter Bagehot praised parliamentary governments for producing serious debates, for allowing for

3444-522: The GHQ dignitaries. It is analyzed that it was reflected in the GHQ proposal. The Constitution was mostly drafted by American authors. A few Japanese scholars reviewed and modified it. Much of the drafting was done by two senior army officers with law degrees: Milo Rowell and Courtney Whitney , although others chosen by MacArthur had a large say in the document. The articles about equality between men and women were written by Beate Sirota . MacArthur gave

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3528-454: The GHQ headquarters on 4 October 1945. Although the GHQ later denied this fact, citing a mistake by the Japanese interpreter, diplomatic documents between Japan and the U.S. state that "the Constitution must be amended to fully incorporate liberal elements". "At the meeting, the General told Konoe that the Constitution must be amended". In this regard, it can be said that the GHQ granted Konoe

3612-426: The Japanese to allow a bicameral one, with both houses being elected. In most other important respects, the government adopted the ideas embodied in 13 February document in its own draft proposal of 6 March. These included the constitution's most distinctive features: the symbolic role of the Emperor, the prominence of guarantees of civil and human rights, and the renunciation of war. The constitution followed closely

3696-473: The Meiji Constitution, their drafts included the principle of popular sovereignty, which grants sovereignty to the people and regards the Emperor as a symbol of the people. The Constitutional Study Group submitted a draft to the Prime Minister's Office on 26 December 1945. On 2 January 1946, GHQ issued a statement that it would focus on the content. Toyoharu Konishi states that the GHQ may have included

3780-650: The Office of the Minister of the Interior was about to be abolished, he decided to submit a proposal for amendment before then. Konoe's proposal reflected the wishes of the GHQ and was very liberal in content, including "limitation of the imperial prerogative," "independent dissolution of the Diet," and "freedom of speech," but it was never finally approved as a draft, and Konoe committed suicide by poisoning himself. After this,

3864-700: The Prime Minister was the actual head of government. Under the Meiji Constitution, the prime minister and his cabinet were not accountable to the elected members of the Imperial Diet , and increasingly deferred to the Imperial Japanese Army in the lead-up to the Second Sino-Japanese War . On 26 July 1945, shortly before the end of World War II , Allied leaders of the United States (President Harry S. Truman ),

3948-584: The Soviet Union, China, Australia and other allies to occupy and control Japan, and its authority was higher than that of GHQ. MacArthur learned that the Far Eastern Commission was interested in constitutional amendment, and thought that constitutional authority could be transferred to the Far Eastern Commission after the commission was established. Therefore, he might be eager to end the constitutional issue with unlimited authority before it

4032-427: The Westminster system of government. The idea of parliamentary accountability and responsible government spread with these systems. Democracy and parliamentarianism became increasingly prevalent in Europe in the years after World War I , partially imposed by the democratic victors, the United States, Great Britain and France, on the defeated countries and their successors, notably Germany's Weimar Republic and

4116-489: The aim of the preceding paragraph," was added to paragraph 2 by Hitoshi Ashida without the diet deliberations. Although the reason is not clear, this addition has led to the interpretation of the Constitution as allowing the retention of force when factors other than the purpose of the preceding paragraph arise. Even now, there is a great debate over whether force for self-defense, such as the Self Defense Forces,

4200-410: The authority to amend the Constitution was completely transferred to Shidehara's cabinet. In late 1945, Shidehara appointed Jōji Matsumoto , state minister without portfolio, head of a blue-ribbon committee of Constitutional scholars to suggest revisions. The Matsumoto Committee was composed of the authorities of the Japanese law academia, including Tatsuki Minobe (美濃部達吉), and the first general meeting

4284-791: The authority to amend the Constitution. However, at this point, the Higashikuninomiya Cabinet was succeeded by the Shidehara Cabinet, and Jōji Matsumoto, the then Minister of State, stated that the Cabinet should be the only one to amend the Constitution, and the Constitutional Problems Investigation Committee was established. In other words, there was a conflict between the Konoe and Shidehara cabinets as to who should take

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4368-584: The authors less than a week to complete the draft, which was presented to surprised Japanese officials on 13 February 1946. MacArthur initially had a policy of not interfering with the revision of the Constitution, but from around January 1946, he made a statement to the Constitutional Draft Outline of the Constitutional Study Group and activated movements related to the Constitution. There are various theories as to

4452-719: The conditions of the Potsdam Declaration, which necessitates amendments to its Constitution after the surrender. The wording of the Potsdam Declaration—"The Japanese Government shall remove all obstacles ..."—and the initial post-surrender measures taken by MacArthur , suggest that neither he nor his superiors in Washington intended to impose a new political system on Japan unilaterally. Instead, they wished to encourage Japan's new leaders to initiate democratic reforms on their own. But by early 1946, MacArthur's staff and Japanese officials were at odds over

4536-408: The election date. Conversely, flexibility in the timing of parliamentary elections can avoid periods of legislative gridlock that can occur in a fixed period presidential system. In any case, voters ultimately have the power to choose whether to vote for the ruling party or someone else. According to Arturo Fontaine , parliamentary systems in Europe have yielded very powerful heads of government which

4620-429: The electorate has limited power to remove or install the person or party wielding the most power. Although strategic voting may enable the party of the prime minister to be removed or empowered, this can be at the expense of voters first preferences in the many parliamentary systems utilising first past the post , or having no effect in dislodging those parties who consistently form part of a coalition government, as with

4704-467: The emperor with supreme political power, under the 1946 constitution his role in the system of constitutional monarchy is reduced to "the symbol of the State and of the unity of the people", and he exercises only a ceremonial role under popular sovereignty. Article 9 of the constitution renounces Japan's right to wage war and to maintain military forces. Despite this, it retains a de facto military in

4788-491: The executive does not form part of—nor is appointed by—the parliamentary or legislative body. In such a system, parliaments or congresses do not select or dismiss heads of government, and governments cannot request an early dissolution as may be the case for parliaments (although the parliament may still be able to dissolve itself, as in the case of Cyprus ). There also exists the semi-presidential system that draws on both presidential systems and parliamentary systems by combining

4872-552: The form of the Self-Defense Forces and hosts a substantial U.S. military presence . Amendments to the constitution require a two-thirds vote in both houses of the National Diet and approval in a referendum , and despite the efforts of conservative and nationalist forces to revise Article 9 in particular, it remains the world's oldest un-amended constitution. The Meiji Constitution was the fundamental law of

4956-574: The freely expressed will of the Japanese people a peacefully inclined and responsible government" (Section 12). The Allies sought not merely punishment or reparations from a militaristic foe, but fundamental changes in the nature of its political system. In the words of a political scientist Robert E. Ward : "The occupation was perhaps the single most exhaustively planned operation of massive and externally directed political change in world history." The Japanese government, Prime Minister Kantarō Suzuki 's administration and Emperor Hirohito accepted

5040-600: The government for several decades. However, the rise of Fascism in the 1930s put an end to parliamentary democracy in Italy and Germany, among others. After the Second World War , the defeated fascist Axis powers were occupied by the victorious Allies . In those countries occupied by the Allied democracies (the United States , United Kingdom , and France ) parliamentary constitutions were implemented, resulting in

5124-403: The initiative in constitutional amendment. However, this conflict ended with Konoe being nominated as a candidate for Class A war criminal due to domestic and international criticism. To begin with, Konoe was able to have the initiative to amend the Constitution because he had been assigned full-time by the GHQ to amend the constitution, although he was not an unappointed minister when the cabinet

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5208-544: The king could ask to form a government. By the 19th century, the Great Reform Act of 1832 led to parliamentary dominance, with its choice invariably deciding who was prime minister and the complexion of the government. Other countries gradually adopted what came to be called the Westminster system of government, with an executive answerable to the lower house of a bicameral parliament, and exercising, in

5292-555: The legislative power of their Parliaments, where any newly approved Act shall take precedence over all prior Acts. All laws are equally unentrenched, wherein judicial review may not outright annul nor amend them, as frequently occurs in other parliamentary systems like Germany . Whilst the head of state for both nations ( Monarch , and or Governor General ) has the de jure power to withhold assent to any bill passed by their Parliament, this check has not been exercised in Britain since

5376-444: The most fundamental issue, the writing of a new Constitution. Emperor Hirohito , Prime Minister Kijūrō Shidehara , and most of the cabinet members were extremely reluctant to take the drastic step of replacing the 1889 Meiji Constitution with a more liberal document. Former prime minister Fumimaro Konoe , Shidehara Cabinet and the civil constitutional study groups formed original constitutions. The formal draft constitution, which

5460-419: The name of the head of state, powers nominally vested in the head of state – hence the use of phrases such as Her Majesty's government (in constitutional monarchies) or His Excellency's government (in parliamentary republics ). Such a system became particularly prevalent in older British dominions, many of which had their constitutions enacted by the British parliament; such as Australia, New Zealand, Canada,

5544-678: The nationalisation of services during the world wars, in the opinion of some commentators does have its drawbacks. For instance, the flip-flopping of legislation back and forth as the majority in parliament changed between the Conservatives and Labour over the period 1940–1980, contesting over the nationalisation and privatisation of the British Steel Industry resulted in major instability for the British steel sector. In R. Kent Weaver's book Are Parliamentary Systems Better? , he writes that an advantage of presidential systems

5628-426: The opinion of the Constitutional Study Group in the draft, reflecting the situation in the United States, where people disregarded popular sovereignty at that time. Also, regarding the symbolic emperor system, since the members of the Constitutional Study Group came into contact with the GHQ dignitaries earlier than the drafting of the guidelines, the Constitutional Study Group proposed the symbolic emperor system through

5712-429: The people. In fact, not only political parties but also private organizations have announced draft constitutional amendments. The most famous of these is the outline of the draft constitution by the Constitution Study Group. The Constitutional Study Group was established on 29 October 1945 to study and prepare for the establishment of the Constitution from a leftist approach. While many political party drafts only added to

5796-437: The prime minister and government are appointed and whether the government needs the explicit approval of the parliament, rather than just the absence of its disapproval. While most parliamentary systems such as India require the prime minister and other ministers to be a member of the legislature, in other countries like Canada and the United Kingdom this only exists as a convention, some other countries including Norway, Sweden and

5880-414: The reason. Kenzo Yanagi mentioned the memorandum of Courtney Whitney, who was the director of the Civil Affairs Bureau of the General Headquarters, on 1 February 1946 as a reason for the attitude change. In the memorandum, it is mentioned that the Far Eastern Commission was about to be established. The Far Eastern Commission is the supreme policy-making body established by the United States, Great Britain,

5964-405: The revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech , of religion , and of thought , as well as respect for the fundamental human rights shall be established" (Section 10). In addition, "The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with

6048-405: The same effect; the presidential election, and the legislative election, and that the president's party has the legislative supermajority required for constitutional amendments. Safeguards against this situation implementable in both systems include the establishment of an upper house or a requirement for external ratification of constitutional amendments such as a referendum . Fontaine also notes as

6132-455: The state will not be recognized. Unlike most previous Japanese legal documents, the constitution is written in modern colloquial Japanese instead of Classical Japanese . The Japanese version includes some awkward phrasing and scholars sometimes consult the English drafts to resolve ambiguities. The MacArthur draft, which proposed a unicameral legislature, was changed at the insistence of

6216-614: The subordination of the Supreme Commander of the Allied Powers". Koseki interprets this statement as the GHQ's indirect rule through the Emperor and the Japanese government, rather than direct rule over the Japanese people. In other words, GHQ regarded the Emperor Hirohito not as a war criminal parallel to Hitler and Mussolini but as one governance mechanism. The Japanese government at the end of World War II

6300-577: The symbol of the state; pacifism and the renunciation of war; and individual rights . Upon the surrender of Japan at the end of the war in 1945, Japan was occupied and U.S. General Douglas MacArthur , the Supreme Commander for the Allied Powers , directed prime minister Kijūrō Shidehara to draft a new constitution. Shidehara created a committee of Japanese scholars for the task, but MacArthur reversed course in February 1946 and presented

6384-576: The term is defined. For example, the Icelandic Althing consisting of prominent individuals among the free landowners of the various districts of the Icelandic Commonwealth first gathered around the year 930 (it conducted its business orally, with no written record allowing an exact date). The first written record of a parliament, in particular in the sense of an assembly separate from the population called in presence of

6468-568: Was according to Fontaine allowed by the deficient separation of powers that characterises parliamentary and semi-presidential systems. Once Orbán's party got two-thirds of the seats in Parliament in a single election, a supermajority large enough to amend the Hungarian constitution, there was no institution that was able to balance the concentration of power. In a presidential system it would require at least two separate elections to create

6552-745: Was almost 90%. In January 2011, the Ministry of Internal Affairs and Communications announced plans to revise the law to enable the national government to investigate the laws of the LPEs for extralegality and place lawsuits against them if they fail to correct their actions. Constitution 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 The Constitution of Japan

6636-485: Was changed. However, due to domestic and foreign criticism of Konoe, the GHQ announced on 1 November that Konoe had not been appointed to amend the Constitution and that he had no authority to lead the amendment of the constitution since the cabinet had changed. At that time, Konoe belonged to the Office of the Minister of the Interior, which was in charge of politics related to the Imperial Household, but since

6720-493: Was created by the Shidehara Cabinet, was rejected by GHQ and the government reviewed the revised drafts by various political parties and accepted liberal ways of thinking especially toward the emperor as the symbol of nationals and dispossession of a military power. After World War II, the Allied Powers concluded an "Instrument of Surrender" with Japan, which stated that "the Emperor and the Government of Japan shall come under

6804-527: Was founded. On 18 February, the Japanese government called on the GHQ to reconsider the MacArthur Draft, which is significantly different from the Matsumoto Draft, but Whitney rejected the proposal on 20 February. On the contrary, he asked the Japanese government for a reply within 48 hours. Then, Prime Minister Shidehara met with MacArthur on 21 February and decided to accept the MacArthur draft by

6888-576: Was held on 27 October 1945. Jōji Matsumoto presented the following four principles of constitutional amendment to the Budget Committee of the House of Representatives in 1945. Four principles of constitutional amendment The Matsumoto Committee has prepared a constitutional amendment outline based on these principles. The Matsumoto Commission's recommendations ( ja:松本試案 ), made public in February 1946, were quite conservative as "no more than

6972-494: Was organized by Higashikuni Cabinet (Prime Minister Prince Naruhiko Higashikuni ), with Fumimaro Konoe , who had served as the prime minister during the Manchurian Incident in 1931, as a minister without portfolio. The trigger of constitutional amendment was from GHQ General MacArthur's word to Fumimaro Konoe. After an unsuccessful first visit on 13 September 1945, Fumimaro Konoe paid another visit to MacArthur at

7056-703: Was the first general election in Japan in which women were permitted to vote . In the process of passing through the House of Representatives in August 1946, the draft of the Constitutional Amendment was modified. This is called the Ashida Amendment, since the chairman of the committee at the time was Hitoshi Ashida. In particular, Article 9, which refers to the renunciation of armed forces, was controversial. The phrase "In order to accomplish

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