Chapter 5: Japanese Constitution

The Cabinet Icon

November 20, 2021

Article 65. Executive power shall be vested in the Cabinet.

Article 66. The Cabinet has Ministers with the Prime Minister as its head, and are responsible to the Diet. These must be civilians.

Article 67. The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet.

This designation shall precede all other business.

If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within ten (10) days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet.

Article 68. The Prime Minister shall appoint the Ministers.

Most of them must be chosen from the Diet.

The Prime Minister may remove the Ministers as he chooses.

Article 69

If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days.

Article 70. The Cabinet shall resign en masse when there is no Prime Minister, or after the first convocation of the Diet after a general election of the House of Representatives.

Article 71. In such cases, the Cabinet shall continue until a new Prime Minister is appointed.

Article 72. The Prime Minister, representing the Cabinet:

  • submits bills
  • reports on general national affairs and foreign relations to the Diet
  • exercises control and supervision over various administrative branches.

Article 73. The Cabinet, in addition to other general administrative functions, shall perform the following functions:

  • administer the law faithfully
  • conduct affairs of state
  • manage foreign affairs
  • conclude treaties
    • However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
  • administer the civil service
  • prepare the budget and present it to the Diet
  • enact cabinet orders to execute this Constitution and the law
    • However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
  • Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.

Article 74. All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister.

Article 75.

The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.

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