KENYATTA UNIVERSITY

SCHOOL OF LAW ARTS AND SOCIAL SCIENCES

AHT 414

GROUP WORK

CAT 2

GROUP 7

MEMBERS

1. WHITNEY CHRISTABEL AUMA - C01/0422/2019

QUESTION

Compare main features of federal systems of the following country

JAPAN

1
Introduction

The concept of a federal system typically involves a central government sharing power with
regional governments, often referred to as states or provinces. This distribution of power creates
a balance between national unity and regional autonomy.

Japan operates under a unitary system of government, where power is concentrated at the
national level with limited autonomy granted to local governments. The central government in
Tokyo holds significant authority over policies, laws, and decision-making processes, while
prefectural and municipal governments carry out administrative functions under its guidance.
This centralized structure allows for consistency and efficiency in governance across the country.

The local government in Japan, located in Tokyo, holds authority over the entire county. It
establishes laws, policies and regulations that apply uniformly throughout Japan.

Features of Federal System in Japan

Centralized Power: The Ministry of Finance in the capital of Tokyo holds high powers over
multiple functionalities, such as legislative, executive, and judicial. It is empowered to create,
enact and execute laws, policies and other forms of decisions that seek to address the needs of
the nation.

Subordination of local government: Although Japan has lower levels of government, such as
prefectures, municipalities, and special wards, they possess authority of their own and they are
subordinate to the central government. The governments of regions at the local level adopt the
decisions made by the central government and are bound to obey the laws.

Uniform laws and policies: The Government in the center forms the laws, regulations and
policies that are applied absolutely within the territory of the country. This way, it also assures
2
smooth and orderly flow of decisions in management, in order to avoid conflicts or
inconsistencies across different areas of a company.

Central control for intergovernmental organizations: It is the central government that holds the
ultimate authority to remove, alter the borders and interfere with local authorities if deemed
necessary. This indicates the central authority and the place of local entities in this system.

Single Citizenship: In Japan there is only one citizenship system, and the matter of whether you
reside in a metropolis in Tokyo or a small town in Hokkaido does not change anything: you are
obliged to follow the laws and rules enacted by the central government all the same.

- The Japanese governmental system comprises legislative, executive and judiciary branches,
where in the power of the people is the ultimate source. The government is the one that functions
under the framework set in the 1947 established Constitution of Japan. He is a unitary state, with
a Central government with forty-seven regions, with the emperor as its head of state.

Their functions are purely ceremonial and they have no power to make any kind of decisions in
the Government. In this regard, it is the Cabinet, which is the Ministers of State and the Prime
Minister, who direct and the government and civil service. The Cabinet has executive power and
it is formed by the Prime Minister who is the leader of government. The Prime Minister is the
one who is appointed by the National Diet.

1. LEGISLATIVE

The National Diet is the first of all legislative bodies in Japan through which all the laws of the
state are enacted. But The emperors of Japan are only ceremonial, emperor of Japan has no

3
political power. Political power is instead controlled by a democratically elected Diet, which is
divided into two houses.

House of Councilors which comprises of 248 members elected for 6-years period.

There is the House of Representatives whose membership equals 465 people elected for 4-year
terms.

Both chambers of the Diet propose a Ms Prime Minister candidate who is subsequently
appointed by the Hokusai monarch. Japan's prime minister holds the position of executive power
in the nation; As the head of both the army and the executive branch of the government, he is the
most influential person in the country.

2. EXECUTIVE

The chief of executive body of Japan is the Prime Minister. The Prime Minister is the head of the
Cabinet, and he is selected by the legislature, the National Diet.

The Cabinet is made up of the Ministers of State and the Prime Minister has the power of
appointing anyone them at any stage of the government.

This is, completely understood as executive power source, nevertheless, mostly depending on the
Prime Minister in practice. The Cabinet is responsible to the Diet. The Diet will decide if the
government will still be in power by the motion of no confidence if the Cabinet loses Diet's
confidence.

4
(A) As the National Diet decides to appoint Prime Minister, he may stay in office for a term of
four years or less, no limit is imposed on the number of Prime Ministerial posts. The prime
minister leads the cabinet and has the authority to oversee and direct the executive branch, and is
the prime minister and chief commander of the Jahanbinai-e-Jepan.

In addition to making proposals of bills to the Diet, signing the laws, and declaring the state of
emergency at free discretion, the Prime Minister also possessed the right of dissolving the Diet's
House of Representatives.

Cabinet consists of the Prime Minister as its chair and other ministers who are appointed or fired
by the Prime Minister.

The troika of the National Diet, i.e., both houses of the National Diet, nominate the Prime
Minister supported by a run-off system. According to the provisions of the Constitution, if the
two Houses do not converge on a common agreement, then by the use of the joint committee,
their differences can be resolved; especially in 10 days excluding a recess period is guaranteed
by this proposition. Nevertheless, in case of gridlock, where the two houses failed to attain a
consensus, the decision of the House of Representative becomes a National Diet.

The prime minister must also be both a civilian and a member of either house of the Diet.

B) The Cabinet in Japan, also called the Ministers' Council, is composed of the Minister of State
and the Prime Minister. The Cabinet of Ministers, including the Prime Minister, are appointed by
law and the number of members of the Cabinet of Ministers entrusted with the exclusion of the
Prime Minister and submitted to the Parliament by the Prime Minister should not be more than
fourteen but can only be extended to nineteen special needs cases.

5
The Constitution, Article 68, includes that all individuals of the Cabinet of Ministers must be
civilians, and that the majority of them should be chosen from among the members of the
National Assembly. The consciously vague wording enables to empower the Foolish Minister
with the right to nominate several unelected Food Workers. The Cabinet of Ministers is required
to resign in masse, continuing in office until a new Prime Minister is appointed, when the
following occurs: The Cabinet of Ministers is required to resign in masse, continuing in office
until a new Prime Minister is appointed, when the following occurs:

If the House of Representatives is not suspended within the next ten days, the House of
Representatives move against them with the motion of no confidence, or the House of
Representatives decline the motion of confidence.

When a new cabinet is formed or when the Diet is required to conclude its session after being
summoned for the first time after the general elections of the DPR members.

The Ministry Council, which is based on the parliament with the power of question, practices its
power in two ways. In the real life, the Prime Minister actually exercises nearly all of the ruling
power to be exact.

Now it's time to create the budget and bring it to the Diet.

Execute the Cabinet of Ministers direction on constituting requirements and law. However, the
Cabinet is not allowed to establish penalties in its order the absence of explicit permission under
the law.

6
Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and
restoration of rights.

Under the Constitution, all laws and cabinet orders must be signed by the competent Minister
and countersigned by the Prime Minister, before being formally promulgated by the Emperor.
Also, all members of the Cabinet cannot be subject to legal action without the consent of the
Prime Minister; however, without impairing the right to take legal action.

3. JUDICIARY

Besides the Supreme Court, Japan's judicial branch has 4 other courts: the superior court, the
district court, the family court and the summary court.

The independence of the four-tier Judiciary from the executive and legislative branches is
guaranteed by the Constitution and states: "the congress shall not create special courts or
agencies exercising judicial power, nor the executive"; it is a separate power of functions.

According to the article 76 of the Constitution, all judges will be compelled to act with
conscience and stay in the limits only set by the Constitution and the law.

It is only the public impeachment which can lead to the judges being removed, and in the
absence of it, when the judges are declared as having been devoid of physical or mental abilities
of judicial duties.

The Constitution discharges laws that executive agencies cannot have the right to deal with
judges this way. The vote of people rejected judges can be served. They could also be decided

7
every ten years in the first general election after their appointment to the National Diet
Representative Council.

If the judges of the supreme court do not state that this case is against the public order or public
morals "unanimously", the case must be declared openly; those involving political prisoners,
press freedom and all constitutionally guaranteed human rights must be non-committal and not
subject to judicial review.

An appointed committee of the Cabinet of Ministers who also enjoy the approval of the Emperor
is the one that selects the judges of the court, while it is the Emperor who appoints the Chief
Justice after he/she has been nominated by the Cabinet of Ministers; I am aware that the former
chief justice was the advisor of the Emperor.

8
References

1. A. Bingman, Charles F. 1989, Japanese Leadership and management.