Q: How is the Cabinet organized in Japan's executive branch, and what are its primary functions and powers?

The Cabinet (Naikaku - 内閣) stands as the nucleus of executive power in Japan's system of government. Operating within a parliamentary cabinet framework, its organization, status, and the scope of its functions and powers are meticulously defined by the Constitution of Japan and further elaborated by laws such as the Cabinet Law. Understanding the Cabinet's structure and its multifaceted responsibilities is crucial for comprehending the dynamics of Japanese governance, policymaking, and administration.

The Cabinet in Japan's Constitutional Architecture

The Constitution of Japan, in a clear departure from the Meiji era's imperial-centered system, vests executive power squarely in the Cabinet. Article 65 states, "Executive power shall be vested in the Cabinet." This establishes the Cabinet not merely as an advisory body but as the supreme organ responsible for the administration of the state. Its unique position is further defined by its intimate relationship with the National Diet, the legislature. Unlike presidential systems where the executive and legislature are largely separate and independently legitimized, Japan's Cabinet is existentially linked to the Diet, particularly the House of Representatives.

Historically, the concept of a cabinet under the Meiji Constitution was less defined in terms of parliamentary responsibility. Ministers were individually accountable to the Emperor. The current Constitution, however, adopted a system more akin to the British model, emphasizing collective responsibility to the elected legislature, thereby embedding democratic accountability at the heart of the executive.

Organization and Constitutional Status of the Cabinet

The framework for the Cabinet's organization and its standing within the governmental structure is laid out in the Constitution and the Cabinet Law.

1. Composition:
   • Prime Minister (Naikaku Sōri-daijin - 内閣総理大臣): The Cabinet is headed by the Prime Minister (Article 66, paragraph 1). The Prime Minister is not popularly elected directly but is designated by a resolution of the National Diet from among its members (Article 67, paragraph 1). The Emperor then formally appoints the individual so designated (Article 6, paragraph 1). By convention and political reality, the Prime Minister is typically the leader of the majority party or the dominant party in a ruling coalition in the House of Representatives.
   • Ministers of State (Kokumu Daijin - 国務大臣): The Prime Minister appoints the other Ministers of State who form the Cabinet (Article 68, paragraph 1). A critical constitutional requirement is that a majority of these Ministers of State must be chosen from among the members of the Diet (Article 68, paragraph 1, proviso). In practice, almost all Ministers of State are incumbent Diet members. The number of Ministers of State is stipulated by the Cabinet Law, typically around 14, but this can be extended up to 17 in cases of special necessity. Furthermore, special-purpose ministerial posts can sometimes temporarily increase this number.
   • Civilian Requirement (Bunmin Jōkō - 文民条項): Article 66, paragraph 2, mandates that "The Prime Minister and other Ministers of State must be civilians." A "civilian" in this context means a person not serving in the active military. This provision underscores the principle of civilian control over the government, a significant departure from pre-war Japan where military figures held cabinet positions.
2. Key Constitutional Characteristics:
   • Dependence on Diet's Confidence: The Cabinet's very existence hinges on maintaining the confidence of the House of Representatives. If the House of Representatives passes a non-confidence resolution or rejects a confidence resolution, the Cabinet must resign en masse, unless the Prime Minister chooses to dissolve the House of Representatives within ten days (Article 69). This mechanism ensures the Cabinet remains responsive to the will of the elected legislature.
   • Collegial Body (Gōgitai - 合議体): The Cabinet functions as a collegial body, making its formal decisions through Cabinet meetings (kakugi - 閣議). While the Prime Minister is designated as its "head" and possesses significant powers of leadership and dismissal over other ministers, fundamental Cabinet policy and decisions are, by long-standing tradition, made unanimously. This practice reinforces the principle of collective responsibility to the Diet. Even if majority voting were constitutionally permissible for kakugi, the custom of unanimity prevails.
   • Supreme Authority over Administrative Branches: The Cabinet stands at the apex of Japan's extensive administrative apparatus. Article 72 empowers the Prime Minister, representing the Cabinet, to "exercise control and supervision over various administrative branches." This ensures unified direction and accountability across government ministries and agencies.

Primary Functions and Powers of the Cabinet

The Constitution, particularly Article 73, enumerates the primary functions and powers of the Cabinet. These are not exhaustive in a purely descriptive sense but represent the core constitutional mandate for the executive.

1. Executive Power (Gyōseiken - 行政権) (Article 65):
   While Article 65 vests "executive power" in the Cabinet, the precise definition of this power has been a subject of ongoing scholarly discussion in Japan.
   • The traditional "subtraction theory" (kōjo-setsu - 控除説) posits that executive power encompasses all state functions remaining after legislative and judicial powers are subtracted.
   • More recent theories emphasize specific aspects, such as "governance power" (shissei-ken setsu - 執政権説), focusing on high-level policymaking and national leadership, or "law execution theory" (hōritsu shikkō setsu - 法律執行説), stressing the role of implementing laws enacted by the Diet.
     A practical view is that "executive power" serves as a collective term for the various specific powers and responsibilities assigned to the Cabinet by the Constitution and law, rather than a neatly defined substantive category with inherent, unenumerated powers.
2. Specific Duties Enumerated in Article 73:
   Article 73 lists several key administrative functions:
   • Item 1: To faithfully execute the law and conduct affairs of state.
     • "Faithful execution of the law" (hōritsu no seijitsu na shikkō - 法律の誠実な執行) obliges the Cabinet to implement laws passed by the Diet without discretion to refuse enforcement based on its own policy preferences or independent constitutional judgments (unless a court has declared a law unconstitutional).
     • "Conduct affairs of state" (or "general management of state affairs" - kokumu no sōri - 国務の総理) is a broader mandate encompassing overall policy direction, coordination among ministries, crisis management, and national leadership. This is often seen as the heart of the Cabinet's governance or shissei function.
   • Item 2: To manage foreign affairs. This includes day-to-day diplomacy, negotiating with foreign governments, and representing Japan in international forums.
   • Item 3: To conclude treaties. However, it shall, depending on circumstances, obtain prior or, subsequent approval of the Diet.
   • Item 4: To administer the civil service, in accordance with standards established by law. This involves managing the national public service system, including appointments, dismissals, and personnel policies, under the framework of laws like the National Public Service Act. The National Personnel Authority (Jinji-in - 人事院) operates with a degree of independence in ensuring merit-based and politically neutral civil service administration.
   • Item 5: To prepare the budget and present it to the Diet. The Cabinet holds the exclusive power to draft the annual national budget (Article 86), a critical tool for implementing its policy agenda, which then requires Diet approval.
   • Item 6: To enact cabinet orders in order to execute the provisions of this Constitution and of law. However, it cannot enact penal provisions in such cabinet orders unless authorized by such law. These Cabinet Orders (seirei - 政令) are a form of delegated legislation and must remain within the scope of the authorizing statute. Unlike the Meiji era's "independent orders," they cannot create new obligations or restrict rights without a clear statutory basis.
   • Item 7: To decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights. The Emperor then attests these decisions as acts in matters of state (Article 7, item 6).
3. Other Constitutional Powers and Responsibilities:
   Beyond Article 73, other constitutional provisions assign or relate to Cabinet powers:
   • Advice and Approval for Emperor's Acts: The Cabinet provides advice and approval for all acts of the Emperor in matters of state, and the Cabinet is responsible therefor (Article 3, Article 7). This is crucial for maintaining the Emperor's symbolic, non-political role.
   • Powers in Relation to the Diet: This includes advising the Emperor on the convocation of Diet sessions (Article 7, item 2; Articles 52-54), submitting bills to the Diet (Article 72, though primarily based on the Cabinet Law), dissolving the House of Representatives (Article 7, item 3; Article 69), and reporting to the Diet on national affairs and finances (Article 72).
   • Powers in Relation to the Judiciary: The Cabinet appoints Supreme Court Justices (other than the Chief Justice, who is designated by the Cabinet and appointed by the Emperor – Article 79, paragraph 1) and all lower court judges (from lists nominated by the Supreme Court – Article 80, paragraph 1).
   • Management of Reserve Funds: The Diet can authorize the Cabinet to establish a reserve fund (yobihi - 予備費) to meet unforeseen budgetary deficiencies, with the Cabinet responsible for its expenditure and required to obtain subsequent Diet approval (Article 87).
4. The Prime Minister's Unique Role and Powers:
   The Prime Minister is not merely the "first among equals" (dōhai-chū no shuseki - 同輩中の首席) as under the pre-war Cabinet Order, but is constitutionally designated as the "head" (shuchō - 首長) of the Cabinet (Article 66, paragraph 1). This grants the Prime Minister a distinct leadership position.
   • Appointment and Dismissal of Ministers: The Prime Minister has the sole authority to appoint and may arbitrarily dismiss Ministers of State (Article 68). This power is a significant tool for maintaining Cabinet unity and enforcing policy direction.
   • Representing the Cabinet and Directing Administration: Article 72 states that the Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet, and exercises control and supervision over various administrative branches.
   • Presiding over Cabinet Meetings: The Prime Minister presides over Cabinet meetings and guides their deliberations (Cabinet Law, Article 4).
   • Maintaining Cabinet Unity: The Prime Minister has the authority to suspend the official actions or orders of any administrative agency pending action by the Cabinet if deemed necessary for maintaining the unity of the Cabinet (Cabinet Law, Article 8).
   • The Supreme Court, in the Lockheed bribery case (Grand Bench judgment, February 22, 1995 [Heisei 7]), affirmed that the Prime Minister possesses the authority to give instructions and advice to administrative branches even without a prior specific Cabinet decision, as long as such instructions are not contrary to the Cabinet's express will, to ensure flexible and timely responses to diverse administrative needs. This acknowledges a degree of independent leadership capacity.
5. The Administrative Branches (Gyōsei Kakubu) and Independent Commissions:
   The day-to-day work of the executive is carried out by various ministries and agencies, collectively referred to as the administrative branches (gyōsei kakubu - 行政各部). These operate under the Cabinet's overall direction and supervision.
   However, certain administrative commissions (dokuritsu gyōsei iinkai - 独立行政委員会), such as the Fair Trade Commission or the National Personnel Authority, are established by law with a degree of independence from direct Cabinet control in their decision-making. This is intended to ensure impartiality, specialized expertise, or political neutrality in specific regulatory or administrative areas. The constitutionality of these independent bodies, given Article 65's vesting of executive power in the "Cabinet," has been debated. The prevailing view considers them permissible as long as they function within the broader executive sphere and remain subject to ultimate democratic accountability through legislative oversight, budgetary controls, or judicial review.

Conclusion: The Engine of Governance, Accountable to the People's Representatives

The Cabinet in Japan is the central organ of executive power, tasked with leading the nation, implementing its laws, managing its finances, and conducting its foreign relations. Its organization reflects the principles of a parliamentary system, with its members largely drawn from the Diet and its survival dependent on the Diet's confidence. Its powers are extensive, encompassing both high-level policy formulation and the day-to-day administration of the state. While the Prime Minister holds a position of clear leadership, the Cabinet operates on the principle of collective responsibility. This intricate structure, defined by both constitutional mandate and evolving practice, aims to provide effective governance while ensuring democratic accountability through the National Diet.