| Parliament name (generic / translated) |
Kokkai / National Diet |
| Structure of parliament |
Bicameral |
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· From the day of the election, or, if the term of office of Members of the House of Representatives has not yet expired, from the day following the date of expiration of the said term of office (Art. 102 and 256 of the Public Offices Election Law) |
| Validation of mandates |
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 45 of the Constitution of 03.11.1946; for dissolution, see Art. 54 of the Constitution) |
| Can MPs resign? |
Yes |
·(See Art. 107 of the Diet Law). Reasons: running for election as a prefectural governor, or municipal mayor, or for other special reasons (item 88 of the Collection of Precedents of the House of Representatives)
· Procedure (Art. 186 to 188 of the Rules of the House of Representatives)
· Authority competent to accept the resignation: the House, or, while the Diet is out of session, the Presiding Officer of the House |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Disputes related to qualifications (Art. 55 of the Constitution, Art. 111 to 113 of the Diet Law, Art. 189 to 199 of the Rules of the House of Representatives)
- Disciplinary measure (Art. 58 (2) of the Constitution, Art. 122 (4) and 123 of the Diet Law, Art. 245 and 246 of the Rules of the House of Representatives; see Discipline)
(b) Loss of mandate by judicial decision:
- Loss of legal eligibility for election (Art. 109 of the Diet Law; causes of ineligibility)
(c) Loss of mandate for incompatibilities (Art. 48 of the Constitution, Art. 108 of the Diet Law, Art. 90 of the Public Offices Election Law) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Official passport· Basic salary:in accordance with function
+ Additional allowance: in accordance with function
+ Allowance for Diet Expenses (President, Vice-President, Chairmen of Standing, Special, and Research Committees): Yen 6,000 per day during sessions
· No exemption from tax, except for the postal and telephone services allowance
· Pension scheme (Art. 36 of the Diet Law, Law on Diet Members Mutual Aid Pension)
· Other facilities:
(a) Secretariat (Art. 132-II of the Diet Law)
(b) Assistants (Art. 26, 43, 131 and 132 of the Diet Law)
(c) Official housing
(d) Official car
(e) Postal and telephone services (Art. 38 of the Diet Law, Art. 9 of the Law Concerning Salaries, Transport Allowances, and Other Expenses of Diet Members)
(f) Travel and transport (Art. 8 and 10 of the Law Concerning Salaries, Transport Allowances, and Other Expenses of Diet Members)
(g) Others: National Diet Library (Art. 130 of the Diet Law) |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 51 of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: insulting language or remarks on another person's private affairs (Art. 119 and 120 of the Diet Law, Art. 216 of the Rules of the House of Representatives), offensive remarks (Art. 116 of the Diet Law, Art. 216 and 238 of the Rules of the House of Representatives) (for both, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 50 of the Constitution, Art. 33 of the Diet Law).· It applies only to criminal proceedings, covers all offences but protects MPs only from arrest and from being held in preventive custody. It does not protect MPs from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in cases of flagrante delicto, the consent of the House is not necessary (Art. 33 of the Diet Law)
· Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal (Art. 191 of the Code of Civil Procedure, Art. 144 of the Code of Criminal Procedure).
· Protection is provided only during sessions. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election. However, any Member arrested before the opening of a session shall be freed during the term of the session at the request of the House (Art. 50 of the Constitution).
· Parliamentary immunity (inviolability) can be lifted (Art. 33 of the Diet Law):
- Competent authority: the House of Representatives
- Procedure (Art. 34 of the Diet Law, item 95 of the Collection of the Precedents of the House of Representatives). In this case, MPs do not have to be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions (item 97 of the Collection of Precedents of the House of Representatives, Decision of the Tokyo District Court of 6 March 1954)
· Parliament can suspend the detention of one of its members (Art. 50 of the Constitution; see also Authorisation to attend sittings of Parliament):
- Competent authority: the House
- Procedure (Art. 50 of the Constitution, Art. 34-II and 34-III of the Diet Law)
· In the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament (Art. 50 of the Constitution; see also Suspension of the detention of one of the Members of Parliament)
- Competent authority: the House
- Procedure (Art. 50 of the Constitution, Art. 34-II and 34-III of the Diet Law) |
| EXERCISE OF THE MANDATE |
| Training |
· Handbooks of parliamentary procedure:
- Collection of the Precedents of the House of Representatives
- Collection of the Precedents of Committees of the House of Representatives
- Compendium of the House of Representatives |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 124 of the Diet Law; see also Art. 181 to 185 of the Rules of the House of Representatives).
· Penalties foreseen in case of failure to fulfil this obligation: writ of summons, disciplinary measures |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 58 (2) of the Constitution, Art. 68, 116, 117, and 119 to 124 of the Diet Law, and Art. 216, 220, and 233 to 247 of the Rules of the House of Representatives.
· Disciplinary measures foreseen:
- Warning (Art. 116 of the Diet Law)
- Restraint (Art. 116 of the Diet Law)
- Retraction (Art. 116 of the Diet Law)
- Prohibition to speak (Art. 116 of the Diet Law)
- Order to withdraw (Art. 116 of the Diet Law, Art. 233 of the Rules of the House of Representatives)
- Recess or close of the sitting (Art. 233 of the Rules of the House of Representatives)
- Admonition in an open plenary sitting (Art. 122 (1) of the Diet Law)
- Apology in an open plenary sitting (Art. 122 (2) of the Diet Law)
- Suspension of attendance at the House for a certain period (Art. 122 (3) of the Diet Law)
- Expulsion (Art. 58 (2) of the Constitution, Art. 122 (4) and 123 of the Diet Law, Art. 245 and 246 of the Rules of the House of Representatives)
· Specific cases:
- Insulting language or remarks on another person's private affairs (Art. 119 and 120 of the Diet Law, and Art. 216 of the Rules of the House of Representatives): admonition in an open plenary sitting, apology in an open plenary sitting, suspension of attendance at the House for a certain period, expulsion
- Offensive remarks (Art. 116 of the Diet Law, Art. 216, and 238 of the Rules of the House of Representatives): warning, restraint, retraction, prohibition to speak, order to withdraw/admonition in an open plenary sitting, apology in an open plenary sitting, suspension of attendance at the House for a certain period, expulsion
- Disturbance in the Chamber (Art. 117 of the Diet Law): temporary suspension or adjournment of the sitting
- Failure to be present at plenary sittings or committee meetings (Art. 124 of the Diet Law): writ of summons, admonition in an open plenary sitting, apology in an open plenary sitting, suspension of attendance at the House for a certain period, expulsion
· Competent body to judge such cases/to apply penalties (see also Art. 220 of the Rules of the House of Representatives):
- Warning, restraint, retraction, prohibition to speak, order to withdraw, recess or close of the sitting, offensive remarks, disturbance in the Chamber: the Presiding Officer
- Admonition in an open plenary sitting, apology in an open plenary sitting, suspension of attendance at the House for a certain period, expulsion, insulting language or remarks on another person's private affairs, offensive remarks: the House, on the proposal of the Committee on Discipline
- Failure to be present at plenary sittings or committee meetings: the Presiding Officer; the House, on the proposal of the Committee on Discipline
· Procedure:
- General (Art. 58 (2) of the Constitution, Art. 68, 121, 121-II and 121-III of the Diet Law, Art. 234 to 240, and 247 of the Rules of the House of Representatives)
- Warning, restraint, retraction, prohibition to speak, order to withdraw, recess or close of the sitting, offensive remarks (Art. 116 of the Diet Law, Art. 233 and 238 of the Rules of the House of Representatives)
- Apology in an open plenary sitting (Art. 241 of the Rules of the House of Representatives)
- Suspension of attendance at the House for a certain period (Art. 242 to 244 of the Rules of the House of Representatives)
- Expulsion (Art. 58 (2) of the Constitution, Art. 123 of the Diet Law, Art. 245 and 246 of the Rules of the House of Representatives)
- Insulting language or remarks on another person's private affairs (Art. 119 and 120 of the Diet Law)
- Disturbance in the Chamber (Art. 117 of the Diet Law)
- Failure to be present at plenary sittings or committee meetings (Art. 124 of the Diet Law) |
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (Art. 124-II to 124 IV of the Diet Law, Principles of Political Ethics, Standards of Conduct, Detailed Rules for Application of the Standards of Conduct, Regulations of the Deliberative Council on Political Ethics of the House of Representatives.
· Penalties foreseen for violation of the code of conduct (Art. 3 of the Regulations of the Deliberative Council on Political Ethics of the House of Representatives):
- admonition to abide by the Standards of Conduct
- admonition to refrain from presenting himself at the House for a certain period
- admonition to resign from the post of an Officer of the House or the Chairmanship of a Special Committee of the House
· Competent body to judge such cases/to impose penalties: the Deliberative Council on Political Ethics
· Procedure (Art. 1 to 5, 15, 17 to 24 of the Regulations of the Deliberative Council on Political Ethics of the House of Representatives). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
|
