| Parliament name (generic / translated) |
Kokkai / National Diet |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Sangiin / House of Councillors |
| Related chamber (for bicameral parliaments) |
Shugiin / House of Representatives
|
| 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 Councillors 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 (Art. 46 of the Constitution of 03.11.1946; the House of Councillors is not subject to an early dissolution; see Art. 54 of the Constitution) |
| Can MPs resign? |
Yes |
· (See Art. 107 of the Diet Law)
· Procedure (Art. 190 to 192 of the Rules of the House of Councillors)
· 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. 193 to 206 of the Rules of the House of Councillors)
- 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 Councillors; 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 |
· Within Parliament:
1. The President
2. The Vice-President
3. The Chairmen of Standing Committees
5. The other Members of the House of Councillors |
| Indemnities, facilities and services |
· Diplomatic or official passport
· Basic salary:
- President: Yen 2,265,000 per month
- Vice-President: Yen 1,653,000 per month
- other MPs: Yen 1,349,000 per month
+ Allowance for Diet Expenses (President, Vice-President, Chairmen of Standing, Special, and Research Committees): Yen 6,000 per day during sessions
· Exemption from tax for the additional allowances (see also Postal and telephone services). The basic salary is taxable.· 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, item 109 of the Collection of the Precedents of the House of Councillors)
(b) Assistants (Art. 26, 43, 131, and 132 of the Diet Law, Law of the Legislative Board of the House of Councillors)
(c) Official housing (Collection of the Precedents of the House of Councillors)
(d) Official car (items 545 and 546 of the Collection of the Precedents of the House of Councillors)
(e) Postal and telephone services/travel and transport (Art. 38 of the Diet Law, Art. 8 to 10 of the Law Concerning Salaries, Transport Allowances, and Other Expenses of Diet Members)
(f) 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 applies to words spoken and written by MPs both within and outside Parliament, as far as they constitute part or their parliamentary activities.
· Derogations: insulting language or remarks on another person's private affairs (Art. 119 and 120 of the Diet Law, Art. 212 of the Rules of the House of Councillors), offensive remarks (Art. 116 of the Diet Law, Art. 51, 212, and 235 of the Rules of the House of Councillors) (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 and 100 (1) 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 and 100 (1) of the Diet Law). Exception.· 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 or emergency 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 and 100 (1) of the Diet Law):
- Competent authority: the House of Councillors
- Procedure (Art. 34 of the Diet Law). 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 (see 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, Art. 100 (4) of the Diet Law; see also Authorisation to attend sittings of Parliament):
- Competent authority: the House
- Procedure (Art. 50 of the Constitution, Art. 34-II and 34-III, and 100 (2), (3), and (5) 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, Art. 100 (4) of the Diet Law; 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, and 100 (2), (3), and (5) of the Diet Law) |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of an explanation given to the newly elected Members when they first attend the House.· It is provided by the Secretariat.
· Handbooks of parliamentary procedure:
- Guidebook of the House of Councillors
- Collection of the Precedents of the House of Councillors
- Compendium of the House of Councillors |
| 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. 187 to 189 of the Rules of the House of Councillors).
· 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. 116, 117, and 119 to 124 of the Diet Law, and Art. 212, 216, and 232 to 247 of the Rules of the House of Councillors.
· 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. 232 of the Rules of the House of Councillors)
- Recess or close of the sitting (Art. 232 and 233 of the Rules of the House of Councillors)
- 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 Councillors)
· Specific cases:
- Insulting language or remarks on another person's private affairs (Art. 119 and 120 of the Diet Law, and Art. 212 of the Rules of the House of Councillors): 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. 51, 212, and 235 of the Rules of the House of Councillors): 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
- Disclosure of secret records of proceedings (Art. 236 of the Rules of the House of Councillors): 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. 216 of the Rules of the House of Councillors):
- 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, disclosure of secret records of proceedings: 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. 121, 121-II and 121-III of the Diet Law, Art. 234, 237 to 240, and 247 of the Rules of the House of Councillors)
- Warning, restraint, retraction, prohibition to speak, order to withdraw, recess or close of the sitting, offensive remarks (Art. 116 of the Diet Law, Art. 51, 232, 233, and 235 of the Rules of the House of Councillors)
- Admonition/apology in an open plenary sitting (Art. 241 of the Rules of the House of Councillors)
- Suspension of attendance at the House for a certain period (Art. 242 to 245 of the Rules of the House of Councillors)
- Expulsion (Art. 58 (2) of the Constitution, Art. 123 of the Diet Law, Art. 245 and 246 of the Rules of the House of Councillors)
- 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)
- Disclosure of secret records of proceedings (Art. 236 of the Rules of the House of Councillors) |
| 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 Councillors.
· 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 Councillors):
- 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, the Chairmanship of a Special Committee of the House, or the Chairmanship of a Research Committee
· Competent body to judge such cases/to impose penalties: the Deliberative Council on Political Ethics· Procedure (Art. 1 to 5, 15 to 23 of the Regulations of the Deliberative Council on Political Ethics of the House of Councillors). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
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