Emperor of Japan - Modern Role

Modern Role

Unlike most constitutional monarchies, the Emperor is not even the nominal chief executive. The Constitution states that the Emperor "shall perform only such acts in matters of state as are provided for in the Constitution and he shall not have powers related to government." (article 4) It also stipulates that "the advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state" (article 3). Article 4 also states that these duties can be delegated by the Emperor as provided for by law. Article 65 explicitly vests executive power in the Cabinet, of which the Prime Minister is the leader.

For example, while the Emperor formally appoints the Prime Minister to office, article 6 of the constitution requires him to appoint the candidate "as designated by the Diet" (in practice, the candidate designated by the House of Representatives), without any right to decline appointment. Also, he is not the (ceremonial) commander-in-chief of the Japan Self-Defense Forces, as in some other monarchies. The Japan Self-Defense Forces Act of 1954 explicitly vests this role as commander-in-chief with the Prime Minister. This is similar to the system in Germany, where article 65a of the Basic Law makes the Federal Minister of Defence commander-in-chief.

The other detailed regulation of the Emperor's duties is laid down in article 7 of the constitution, where it is stated that the "Emperor with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:

1. Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
2. Convocation of the Diet.
3. Dissolution of the House of Representatives.
4. Proclamation of general election of members of the Diet.
5. Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
6. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
7. Awarding of honors.
8. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
9. Receiving foreign ambassadors and ministers.
10. Performance of ceremonial functions."

Regular ceremonies of the Emperor with a constitutional basis are the Prime Minister investitures in the Imperial palace throne room and the Speech from the Throne ceremony in the House of Councillors in the National Diet Building. The latter ceremony opens ordinary and extra sessions of the Diet. Ordinary sessions are opened this way each January and also after new elections to the House of Representatives. Extra sessions usually convene in the autumn and are opened then.