A Constitutional Revision and Legislation for a System for the Direct Election of the Prime Minister

Abstract

A System for the Direct Election of the Prime Minister has been promoted in Japan as a solution to political corruption and estrangement between the government and people. The adoption of the system would require revisions to the Japanese constitution. Yet the arguments and discussion about this system frequently lack a specific model for the Direct Election of the Prime Minister. This paper will present a specific model for consideration. Three issues must be considered upon presenting a specific model for the Direct Election of Prime Minister. The first issue to consider is the status and power of the symbolic Tenno system. There is criticism from those who consider Tenno the head of state, as a publicly elected Prime Minister would be likely to supplant Tenno in their view. We argue that a publicly elected Prime Minister does not necessarily have to contradict the Tenno system. The second issue to consider is the status, power, and structure of the Diet. A publicly elected Prime Minister would perform the function of integrating the will of the people. The Diet, meanwhile, would perform the function of reflecting the will of the people. If the Prime Minister failed to fulfill his role, the Diet would be able to pass a vote of non-confidence. To counteract this action, the Prime Minister would have the power to dissolve the Diet. The third issue to consider is the power and structure of the Cabinet. The structure of administrative power has to be altered to make the Cabinet more responsive. On the basis of the above and considerations of existing proposals for the revision of the constitution, this study will make specific proposals for amendments to the constitution and accompanying legislation to establish a System for the Direct Election of the Prime Minister.