2006 Volume 6 Pages 7-16
The Cabinet Legislation Bureau (CLB) which is a auxiliary engine of the Cabinet carries on its shoulder the function of constitutional intelligence in the legal system of Japan. The CLB has played the ordering function of the constitutional structure in various forms from the era of the Meiji-Constitution up to today underwent the legislation such as the present Constitution of Japan and organic laws after the World War II. The task of the CLB is mainly divided into examination work which examines legal plans and opinion-giving work which is concerned with legal issues. It is also one of the important functions for it to make reply to the questions by the members of the Diet which is concerned with legal issues and the unified view of the Government.
The examination work of the CLB adds up to an annual average of 650 issues, adding the bills presented by the Cabinet and the cabinet orders. In particular, the bills presented by the Cabinet which are drafted by each governmental department are examined severely in terms of the consistency with the Constitution and the whole system of Japanese law, including the relationship with fundamental rights and duties of the citizens. Therefore, cases where any provision of an Act is regarded as unconstitutional are very few of constitutional law litigation.
On the other hand, it is the legal opinion which is concerned with interpretative problems and reply in writing for referrals from each governmental department that occupies a main part of opinion-giving work. It also has the de-fact function taking over a precedent of the Supreme Court in the Government and Administration. In that sense, it has greatly contributed to forming and carrying out the constitutional government.
But, while legal opinions decrease, replies of opinion by oral increase against the background of the increase of establishing the legal system after war of Japan, of activities in the deliberations of the Diet and of constitutional precedents of the Supreme Court.
