Japan's Lawmaking Process: Bills To Laws

The process of a bill becoming a law in Japan is a complex one, with multiple stages and stakeholders involved. The National Diet, the country's highest political decision-making organ, is the sole law-making organ of the State, and the bicameral legislature consists of a House of Representatives (lower house) and a House of Councillors (upper house). A bill can be introduced by a Diet member or the Cabinet, and it must be deliberated and passed by both houses to become a law. This article will outline the key steps and stakeholders involved in this process, from the drafting of a bill to its final approval and enactment as a law in Japan.

Drafting of a legislative bill

The legislative process in Japan follows the timeline of the Japanese fiscal year, which starts in April and ends in March. Budget bills are prioritised so that they can be passed by the start of the next fiscal year each April.

The drafting of a legislative bill begins with the ministry having jurisdiction over the issue. The ministry draws up the first draft of the bill, which can either be to enact a new law or to amend or abolish an existing law to achieve a policy goal. This first draft is then consulted on with other ministries, advisory councils and, where necessary, public hearings. Once the draft is ready, the ministry in charge puts the draft into a proper statutory form.

The final draft of the legislative bill is then sent to the Cabinet Legislation Bureau for a preliminary examination. The Bureau examines the bill from all angles, including the relationship between the bill and the Constitution and other existing laws, and the appropriateness of the bill's content and structure.

Once the preliminary examination is completed, the state minister in charge of the bill follows the procedure for sending a request to the Prime Minister for a Cabinet meeting regarding the submission of the bill to the Diet. The Cabinet Secretariat then sends the request to the Cabinet Legislation Bureau for a final examination, which considers the results of the preliminary examination and makes any necessary revisions.

The Cabinet Legislation Bureau's evaluation of the bill is critical, as without support from the ruling party, the bill will not proceed. If the ruling party backs the bill, it is circulated in the Cabinet and submitted to the Diet by the Prime Minister.

Examination by the Cabinet Legislation Bureau

The Cabinet Legislation Bureau plays a crucial role in the legislative process in Japan, acting as a gatekeeper for bills before they are introduced in Cabinet meetings. This body undertakes a rigorous examination of all legislative bills that the Cabinet intends to introduce. The process ensures that any bill introduced by the Cabinet is legally and technically sound and meets the required standards.

The examination by the Cabinet Legislation Bureau is comprehensive and covers various aspects of the bill. Firstly, they scrutinise the relationship between the proposed bill and the existing legal framework, including the Constitution and other laws. This review ensures that the bill does not contradict or conflict with any existing laws and that its contents are legally appropriate.

Secondly, the Bureau assesses whether the intentions and objectives of the bill are accurately and clearly expressed in the text. This step ensures that the bill's purpose is unambiguous and aligns with the intended policy goals. The examination also includes a review of the bill's structure, including the order of articles, to ensure it follows a logical and appropriate format.

Another critical aspect examined is the correctness of letter and word usage. This step ensures that the language used in the bill is precise, clear, and free from errors. The Bureau also conducts a "preliminary examination" of the bill, which involves consulting with other ministries and, if necessary, advisory councils or public hearings. This preliminary process ensures that the bill has undergone thorough scrutiny and necessary revisions before being submitted to the Cabinet.

Once the preliminary examination is completed, the state minister in charge of the legislative bill requests a Cabinet meeting to discuss submitting the bill to the Diet. This request is sent to the Prime Minister, who forwards it to the Cabinet Legislation Bureau for a final examination. The Bureau considers the results of its preliminary examination and makes any necessary revisions before returning the bill to the Cabinet Secretary.

The Cabinet Legislation Bureau's role is vital in maintaining the quality and legality of legislative bills introduced by the Cabinet. Their meticulous examination process helps ensure that only well-crafted, legally sound, and technically correct bills proceed through the legislative process, contributing to the overall integrity of Japan's law-making process.

Cabinet decision to submit the bill to the Diet

Once a legislative bill has been drafted by the relevant ministry and undergone a preliminary examination by the Cabinet Legislation Bureau, the state minister in charge of the bill can request a Cabinet meeting to take place regarding its submission to the Diet. The request is sent to the Prime Minister via the Cabinet Secretariat, who forwards it to the Cabinet Legislation Bureau for a final examination. The Bureau then communicates the results of its examination to the Cabinet Secretary.

At the Cabinet meeting, the Cabinet will decide whether to submit the bill to the Diet. Factors considered in this decision include the urgency of the bill and how it fits alongside existing laws. If the Cabinet decides in favour, the Prime Minister will submit the bill to the Diet, either to the House of Representatives or the House of Councilors. The administrative work related to the submission is conducted by the Cabinet Secretariat.

The bill is then referred to an appropriate committee for deliberation. In the case of major legislation, the purpose of the bill is explained, and the bill is subjected to questioning by Diet members in a plenary sitting before being referred to a committee. The committee plays a central role in deliberating over the legislation. The purpose of the bill is explained, and committee members direct questions at government ministers and other officials involved in drawing up the legislation. Experts are called to give their opinions, and if necessary, amendments are proposed. The issues are debated, and a vote is taken.

Bills that make it through the committee are then presented to the plenary sitting as proposed legislation. In the plenary sitting, the committee chairman presenting the bill summarises the discussions in the committee and reports on the results. Following that, the bill is debated and voted on.

Examination by the Diet

Once a legislative bill has been submitted to the Diet, it is assigned to an appropriate committee for deliberation. In the case of significant legislation, the bill is first explained and questioned by Diet members in a plenary sitting before being referred to a committee. The committee then conducts an examination, starting with an explanation by the state minister in charge regarding the reason for proposing the bill. The committee members direct questions at government ministers and other officials involved in drawing up the legislation, and experts are called to give their opinions. The examination itself largely follows a question-and-answer format. After the questioning and deliberation, a vote is taken on whether to approve the bill.

When the committee completes its examination, deliberation continues at a plenary session of the House concerned. The committee chairman presenting the bill summarizes the discussions in the committee and reports on the results. Following that, the bill is debated and voted on. When the legislative bill passes both the committee and the plenary of the House to which it was first submitted, it is sent on to the other House. The same procedure involving deliberation and decisions by a committee and a plenary is then followed by the second House.

If a bill is approved by one house but rejected by the other, a Conference Committee may be formed, comprising members of both houses, to develop a proposal that both houses can agree on. A bill rejected by the House of Councillors after approval by the House of Representatives may still pass if it is approved once more by the House of Representatives with two-thirds or more of the members voting in favour of the bill. This principle is known as the "superiority of the House of Representatives" because the House of Representatives is viewed as more reflective of national opinion given the shorter terms and the possibility of dissolution at any time at the Prime Minister's discretion.

The Diet is the "highest organ of state power" and the "sole law-making organ of the State" according to the Constitution. It is bicameral, with a House of Representatives (the lower house) and a House of Councillors (the upper house), to ensure that the interests of a wide spectrum of voters are addressed.

Enactment of a new law

The process of enacting a new law in Japan involves several steps, including drafting, deliberation, voting, and approval by the Emperor. Here is a detailed overview of the process:

Drafting of the Bill

The process of enacting a new law in Japan begins with the drafting of a legislative bill by the relevant ministry. This occurs when the ministry decides to enact a new law or amend/abolish an existing one to achieve a policy goal. Consultations take place with other ministries, and the bill may be referred to advisory councils or public hearings. Once the first draft is complete, the ministry puts the bill into a proper statutory form, creating the final draft.

Submission to the Diet

Once the bill is drafted, it can be submitted to the National Diet, the country's bicameral legislature, consisting of the House of Representatives (lower house) and the House of Councillors (upper house). A bill may be submitted by a Diet member or the Cabinet. The Cabinet can submit a bill before either house, while Diet members must secure the support of a minimum number of members (20 in the House of Representatives and 10 in the House of Councillors).

Deliberation and Voting

After submission, the bill is referred to an appropriate committee for deliberation. The committee plays a crucial role in examining the bill, with committee members directing questions at government ministers and officials involved in drafting the legislation. Experts may also be called upon for their opinions. Amendments may be proposed, and the issues are thoroughly debated. The committee then votes on the bill, and if it passes, it proceeds to the plenary sitting of the respective house.

In the plenary sitting, the committee chairman presents the bill, summarises the committee discussions, and reports on the results. The bill is then debated and voted on by the full house.

Passage into Law

For a bill to become a law, it must be approved by both houses of the Diet. If a bill is passed by one house but rejected by the other, a Conference Committee may be formed to develop a proposal agreeable to both houses. Additionally, the House of Representatives can override an upper house rejection by passing the bill a second time, with a two-thirds majority.

Approval by the Emperor

Once a bill is approved by both houses, it is submitted to the Emperor via the Cabinet. The Emperor's approval is a formality, and this step ensures that the new law is promulgated and made known to the public. The law must be promulgated within 30 days of submission to the Emperor and is done by publication in an official gazette.

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