The Cabinet and Administrative Organizations in Japan
| Published date | 01 June 1982 |
| DOI | 10.1177/002085238204800204 |
| Date | 01 June 1982 |
| Author | Isao Sato |
| Subject Matter | Articles |
The
Cabinet
and
Administrative
Organizations
in
Japan
UDC :
354.1 :
35.07
(52)
by
Isao
SATO,
Professor,
Sophia
University
I.
THE
SYSTEM
OF
LAW
ON
ADMINISTRATIVE
ORGANIZATION
1.
The
Constitution
of
Japan
It
is
stated in
the
Constitution
of
Japan
that &dquo; Executive
power
shall
be
vested
in
the
Cabinet &dquo;
(Article
65),
and
that &dquo;
The
Cabinet,
in
the
exercise
of
executive
power,
shall
be
collectively
responsible
to
the
Diet &dquo;
(Article
66,
Paragraph
3).
This
means
that
all
exe-
cutive
power
is
placed
under
the
Cabinet’s
authority
and
exercised
by
the
Cabinet
(*),
which
is
collectively
responsible
to
the
Diet.
The
consequence
is
that
the executive
power
is
placed
under
the
democratic
control
of
the
people.
Concerning
the
structure
of the
Cabinet,
it
is
stated
that &dquo;
The
Cabinet
shall
consist
of
the
Prime
Minister,
who
shall
be
its
head,
and
other
Ministers
of
State
as
provided
for
by
law&dquo;
(Article
66,
Paragraph
1).
The
Prime
Minister,
&dquo;
representing
the
Cabinet,
...
exercises
control
and
supervision
over
various
administrative
branches &dquo;
(Article
72).
These
various
administrative
branches
are
adminis-
trative
organs
such
as
the
Ministries
and
Agen-
cies.
Thus,
the
national
administrative
organs
(*)
When
the
Cabinet
exercises
its
executive
power,
as
a
matter
of
course,
decision-making
at
Cabinet
Meetings
is
necessary.
Also
in
cases
where
executive
power
is
not
to
be
executed,
the
Prime
Minister
controls
and
super-
vises
the
Ministries
and
Agencies
based
on
the
policies
decided
upon
at
the
Cabinet
Meeting.
Issues
related
to
the
authority
of
the
Ministers
are
presented
by
the
Prime
Minister
to
the
Cabinet
Meeting
for
decision.
Respective
Ministers
are
entitled
to
present
to
the
Prime
Minister
a
request
for
holding
Cabinet
Meet-
ings,
regardless
of
the
agenda
items,
and
coordination
is
assured
through
Cabinet
Meetings.
Cabinet
Meetings
are
held
on
Tuesday
and
Friday
every
week.
Whenever
the
necessity
arises,
extra-
ordinary
meetings
are
called.
The
Director-General
of
the
Cabinet
Legislation
Bureau,
the
Deputy
Chief
Secretaries
(2)
and
the
Deputy
Director-General
of
Administrative Affairs
in
the
Prime
Minister’s
Office
attend
the
Cabinet
Meetings,
and
present
detailed
explanations
of
the
agenda
items,
if
necessary.
are
established
and
managed
under
the
Cab-
inet’s
control.
The
Ministries
and
Agencies
are
established
by
law.
Although
this
is
not
explicitly
stated
in
the
Constitution,
Article
66,
Paragraph
1
stipulates
that &dquo;
the
number
of
Ministers
of
State
is
fixed
by
law &dquo;.
Supposing
the
system
whereby
these
Ministers of
State,
acting
as
heads
of
their
Ministries,
manage
their
al-
located
share
of
administrative
affairs,
the
stipulation
of
the
number
of
Ministers
of
State
cannot
be
separated
from
the
consideration
of
what
kind
of
Ministries
should
be
estab-
lished.
And
this
is
also
a
matter
to
be
fixed
by
law.
In
addition,
since
the
Diet
is
in
control
of
the
executive
power,
it
has
been
construed
that
the
establishment,
abolishment,
and
allocation
of
affairs
of
the
fundamental
administrative
organs
should
be
provided
by
law.
2.
The
Cabinet
Law
The
Cabinet
Law
provides
for
the
structure,
authority,
and
management
of the
Cabinet;
the
competence
of
the
Prime
Minister
and
other
Ministers;
relations
with
the
adminis-
trative
branches;
the
Cabinet
Orders;
and
its
auxiliary
organs.
In
accordance
with
the
Constitution,
the
Cabinet
Law
stipulates
the
number
of
Minis-
ters
of
State,
excluding
the
Prime
Minister,
as
&dquo; 20
persons
or
less&dquo;
(Article
2,
Para-
graph
1).
However,
the
Cabinet
Law
does
not
stipulate
what
kind
of
administrative
af-
fairs
each
of these
Ministers
of
State
should
take
charge
of.
In
other
words,
it
does
not
mention
what
kind
of
Ministries
should
be
established.
It
only
stipulates
that &dquo;
the
Min-
isters
shall
divide
among
themselves
adminis-
trative
affairs
and
be
in
charge
of
their
respect-
ive
share
thereof
as
a
competent
Minister,
as
provided
for
by
other
law &dquo;
(Article
3,
Para-
graph
1).
In
accordance
with
this
provision,
the
National
Government
Organization
Law
was
established.
Within
the
Cabinet,
the
Cabinet
Secretariat
is
established
as
an
auxiliary
organ,
its
chief
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