 JAPAN  | |
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Japan is a constitutional monarchy with a parliamentary government. There is universal adult suffrage with a secret ballot for all elective offices. The executive branch is responsible to the Diet, and the judicial branch is independent. Sovereignty, previously embodied in the emperor, is vested in the Japanese people, and the Emperor is defined as the symbol of the state.
Japan's Government is a parliamentary democracy, with a House of Representatives and a House of Councillors. Executive power is vested in a cabinet composed of a prime minister and ministers of state, all of whom must be civilians. The prime minister must be a member of the Diet and is designated by his colleagues. The prime minister has the power to appoint and remove ministers, a majority of whom must be Diet members. . [source: US Department of State]
Law, Courts & Judgments
Japan's judicial system, drawn from customary law, civil law, and Anglo-American common law, consists of several levels of courts, including high courts, district courts, family courts, and summary courts, with the Supreme Court serving as the final court of appeal. Normally a trial begins at the district court level, and a verdict may be appealed to a higher court, and ultimately, to the Supreme Court.
The Japanese constitution includes a bill of rights similar to the U.S. Bill of Rights, and the Supreme Court has the right of judicial review. Japanese courts do not use a jury system, and there are no administrative courts or claims courts. Because of the judicial system's basis, court decisions are made in accordance with legal statutes. Only Supreme Court decisions have any direct effect on later interpretation of the law. [source: US Department of State]
Human Rights
The Japanese Government generally respected the human rights of its citizens in 2003; however, there were problems in some areas. There continued to be credible reports that police and prison officials physically and psychologically abused prisoners and detainees. Violence against women and children, child prostitution, and trafficking in women were problems. Women, the Ainu (the country's indigenous people), the Burakumin (a group whose members historically were treated as outcasts), and alien residents experienced varying degrees of societal discrimination, some of it severe and longstanding. According to Ministry of Justice figures, Legal Affairs Bureau offices and civil liberties volunteers dealt with 382,952 human rights-related complaints during 2002. Also during 2002, the Regional Legal Affairs Bureaus and the District Legal Affairs Bureaus received reports of 18,517 suspected human rights violations. However, staffing constraints and limited legal powers kept the administrative system for combating human rights violations weak, and many of these cases were ultimately resolved in the courts. [source: US Department of State]
Legal Profession
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