OKOCHI Minori
Professor of Constitutional Law
NAGOYA University, School of Law

COMPARATIVECONSTITUTION 5-3
PARLIAMENTARY SYSTEM OF
JAPANESE CONSTITUTIONHISTORY OF JAPANESELEGISLATIVE BRANCHIMPERIAL DIETDIETOF MEIJI CONSTITUTIONOF CURRENT CONSTITUTION•Legislative power
belonging to theEmperor• Highest organ of thestate• Solo-lawmaking organ

HISTORY OF JAPANESELEGISLATIVE BRANCHIMPERIAL DIETDIETOF MEIJI CONSTITUTIONOF CURRENT CONSTITUTION• Legislative power
belonging to theEmperor• Emergency order /Independent order• Highest organ of thestate• Solo-lawmaking organHIGHEST ORGAN?
•Article 41: Highest organ of the state• GHQ draft: The Diet was given the authority to be called thehighest organ in the entire system of the government
Ex.
• Annulment of unconstitutional decisions of the Supreme
Court by a special majority of the Diet
• Diet’s Consent in the appointment of ministers•On the whole of government system, the equality of thethree powers is rather secured.

HIGHEST ORGAN?
•Article 41: Highest organ of the state• GHQ draft: The Diet was given the authority to be called thehighest organ in the entire system of the government
Ex.
• Annulment of unconstitutional decisions of the Supreme
Court by a special majority of the Diet
• Diet’s Consent in the appointment of ministers•On the whole of government system, the equality of thethree powers is rather secured.

→merely Lip service to Diet

BICAMERAL SYSTEM•double-checking toensure carefuldeliberation• preventing tyranny
by the first house• reflecting diverseinterests.

•reducing costs interms of time andmoney•being more flexible

77

US, UK, Germany,Japan, etc.

118

Unicameral
Bicameral

Scandinavia, Israel,Turkey, China, Korea,Mongolia, etc.

BICAMERAL SYSTEM:
2 TYPES IN HISTORY•Status-based bicameralism• Ex. United Kingdom, Meiji Constitution← Each House represents the interests of its own status•Bicameralism with federalism• Ex. United States, Germany, Austria← Senate as a body to coordinate the interests of the states
Members of the Senate represent the interests of the states→What about current Japan?

BICAMERAL SYSTEM:
DEMOCRATIC 2ND CHAMBERHouse of Representatives

House of Councillors→Neither representative ofspecific status interest norstate interest under federalism

Both houses shall consist of elected members,

representative of all people

REFLECTING DIVERSEINTEREST?
House of Representatives

House of Councillors

Both houses shall consist of elected members,

representative of all people•double-checking toensure careful
deliberation• preventing tyranny
by the first house• reflecting diverse
interests.

REFLECTING DIVERSEINTEREST?
House of Representatives• Number of members: 465• Term of office: 4 years• Right to stand for: citizens
25 years of age or over• Constituency: Single-seatconstituency 289/
proportional
representation 176

House of Councillors• Number of members: 245• Term of office: 6 years• Right to stand for: citizens
30 years of age or over
• Constituency: Plural-seat
prefectural constituency
147/ proportional
representation 98

PREVENTING TYRANNY OF
HOR?
House of Representatives

House of Councillors
Before 1980s“Carbon copy of the Houseof Representatives”
2000s~“Too Strong House ofCouncillors”

IS TWISTED PARLIAMENTA BAD THING?

Prevailingtyranny ofHoR
Carefuldeliberation
Naturally expected results

Instability inpolitics
Politics thatcan't decideAbnormal situation

RELATION BETWEENTWO HOUSES
Bicameral system: the two houses must be positioned as equals,
at least in principle.
•Principle• The unanimous consent of the two houses shall be the will of theDiet.
•Exception• Primacy of the House of Representatives• in matters where the House of Representatives is always given
superior authority• in cases of disagreement between the House of Representatives
and the House of Councillors.

RELATION BETWEENTWO HOUSES
Bicameral system: the two houses must be positioned as equals,
at least in principle.
•Principle• The unanimous consent of the two houses shall be the will of theDiet.
•Exception
Incomplete bicameralism• Primacy of the House of Representatives>• in matters where the House of Representatives is always given
superior authority• in cases of disagreement between the House of Representatives
bicameralism
andComplete
the House ofCouncillors.

=

RELATION BETWEENTWO HOUSES
Bicameral system: the two houses must be positioned as equals,
at least in principle.
•Principle• The unanimous consent of the two houses shall be the will of theDiet.
•Exception• Primacy of the House of Representatives• in matters where the House of Representatives is always given
superior authority• in cases of disagreement between the House of Representatives
and the House of Councillors.

PRIMACY OF THE HOUSEOF REPRESENTATIVESHoR is always given superiorauthority

In case of disagreement, HoR
is given superior authority

No confidence vote[art.69]

Bill [art.59]

Right to deliberate on
budget first [art.60]

Budget [art.60]

Approval required for theconclusion of treaty [art.61]
Designation of prime
minister [art.67]

PRIMACY OF THE HOUSEOF REPRESENTATIVESHoR is always given superiorauthority

In case of disagreement, HoR
is given superior authority

No confidence vote[art.69]

Bill [art.59]

Right to deliberate on
budget first [art.60]

Budget [art.60]

Approval required for theconclusion of treaty [art.61]

What are the matters that the HoR can reauthorize with a simple majority when thetwo chambers differ in their decisions?
And why do you think this is so?
See, Japanese Constitution.

Designation of prime
minister [art.67]

IS IT ESSENTIAL TODECIDE?
HoR is always given superiorauthority

In case of disagreement, HoR
is given superior authority

No confidence vote[art.69]

Bill [art.59]

Right to deliberate onbudget first [art.60]

Budget [art.60]

Essential

Approval required for theconclusion of treaty [art.61]
Designation of prime
minister [art.67]

RAISON D‘ETRE OF
BICAMERAL SYSTEM
Agreement of 2 houses

Principle

Bill [art.59]

Priority of HoR

Budget, Treaty, PMCONTINUE TO NEXT
PPT