The Cabinet of Japan (内閣, Naikaku) is the executive branch of the government of Japan. It consists of the Prime Minister, who is appointed by the Emperor after being designated by the National Diet, and up to fourteen other members, called Ministers of State. The Prime Minister is designated by the Diet, and the remaining ministers are appointed and dismissed by the Prime Minister. The Cabinet is collectively responsible to the Diet and must resign if a motion of no confidence is adopted by the House of Representatives.
The modern Japanese Cabinet was established in December 1885. It replaced the DajÅ-kan that had been reactivated after the Meiji restoration as a modernized variation of the DaijÅ-kan, the imperial administration since the Nara period. The prime minister and the cabinet were appointed by and responsible to the Emperor. The cabinet system was continued under the Constitution of the Empire of Japan of 1889-1947. During the U.S.-led allied postwar occupation, the cabinet was reformed by Constitution of Japan which came into effect in 1947; since, the prime minister is elected by the Diet and the cabinet is responsible to the Diet.
Appointment
Under the constitution, Cabinet Ministers are appointed after the selection of the Prime Minister. A majority of the Cabinet, including the Prime Minister, must be members of the Diet (but may be members of either house), and all members must be civilians. Under the 2001 Cabinet Law, the number of Cabinet Ministers (excluding the Prime Minister) must be fourteen or less, but this may be increased to seventeen if a special need arises. In the event that the Cabinet collectively resigns it continues to exercise its functions until the appointment of a new Prime Minister. While they are in office, legal action may not be taken against Cabinet Ministers without the consent of the Prime Minister. The Cabinet must resign en masse in the following circumstances:
- When a motion of no confidence is adopted, or a vote of confidence defeated, by the House of Representatives, unless there is a dissolution of the house within ten days.
- Upon the first convocation of the Diet after a general election to the House of Representatives (even if every minister will then be reappointed).
- When the position Prime Minister becomes vacant, or the Prime Minister declares his intention to resign.
Powers
The Cabinet exercises two kinds of power. Some of its powers, while in practice exercised in accordance with the binding instructions of the Cabinet, are nominally exercised by the Emperor with the "advice and approval" of the Cabinet. Its other class of powers are exercised by the Cabinet explicitly. Contrary to the practice in many constitutional monarchies, the Emperor of Japan is not even the nominal chief executive. Instead, the Constitution explicitly vests executive authority in the Cabinet.
In practice, much of the Cabinet's authority is exercised by the Prime Minister. Under the Constitution, he exercises "control and supervision" over the executive branch, and no law or Cabinet order can take effect without his countersignature. While Cabinet Ministers in most other parliamentary regimes theoretically have some freedom of action (within the limits of collective responsibility), the Japanese Cabinet is effectively an extension of the Prime Minister's authority.
Powers exercised via the Emperor
- Convocation of the Diet.
- Dissolution of the House of Representatives.
- Proclamation of general elections to the Diet
- Conferring of honours.
Explicit powers
- Execution of the law.
- Conduct of foreign affairs.
- Conclusion of treaties (with the consent of the Diet).
- Administration of the civil service.
- Drafting of the budget (which must be adopted by the Diet).
- Adoption of cabinet orders.
- Granting of general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
- Every law or cabinet order is signed by the relevant Minister of State and countersigned by the Prime Minister.
- Appointment of the associate justices of the Supreme Court of Japan (except the Chief Justice, who is designated by the Prime Minister and formally appointed by the Emperor).
- Appointment of vice-ministers (who are nominated by the minister to whom they will report).
Current Cabinet of Japan
The members of the current cabinet of Japan headed by the Liberal Democratic Party lawmaker ShinzÅ Abe as of 24 December 2014 are as follows:
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