Cabinet of Japan

The Cabinet of Japan (内閣) is the chief executive body of the government of Japan. It consists of the prime minister, who is appointed by the emperor after being nominated by the National Diet, in addition to up to nineteen other members, called ministers of state.

The prime minister is nominated by the National Diet, while the remaining ministers are appointed and dismissed by the prime minister. The Cabinet is collectively responsible to the National Diet and must resign if a motion of no confidence is adopted by the National Diet.

Appointment
Under the Constitution of Japan, Cabinet ministers are appointed after the selection of the prime minister. A majority of the Cabinet, including the prime minister, must be members of the National Diet, and all members must be civilians. Under the Cabinet Law, the number of Cabinet ministers (excluding the prime minister) must be fourteen or less, but this may be increased to nineteen if a special need arises. If the Cabinet collectively resigns, it continues to exercise its functions until the appointment of a new prime minister. While they are in office, legal action may not be taken against Cabinet ministers without the consent of the prime minister. The Cabinet must resign en masse in the following circumstances:
 * When a motion of no confidence is adopted, or a vote of confidence defeated, by the House of Representatives, unless there is a dissolution of the house within ten days.
 * Upon the first convocation of the National Diet after a general election to the House of Representatives (even if the same prime minister is to be re-elected and appointed, and every other minister is to be reappointed).
 * When the position of prime minister becomes vacant, or the prime minister declares his intention to resign.

Powers
The Cabinet exercises two kinds of power. Some of its powers are nominally exercised by the Emperor with the binding "advice and approval" of the Cabinet. Other powers are explicitly vested in the Cabinet. Contrary to the practice in many constitutional monarchies, the Emperor is not even the nominal chief executive. Instead, the Constitution explicitly vests executive authority in the Cabinet. Hence, nearly all of the day-to-day work of governing is done by the Cabinet.

In practice, much of the Cabinet's authority is exercised by the prime minister. Under the Constitution, the prime minister exercises "control and supervision" over the executive branch, and no law or Cabinet order can take effect without the prime minister's countersignature (and the emperor's promulgation). While Cabinet Ministers in most other parliamentary democracies theoretically have some freedom of action (within the limits of cabinet collective responsibility), the Japanese Cabinet is effectively an extension of the prime minister's authority.

According to Article 75 of the Constitution, Ministers of State are not subject to legal action without the consent of the prime minister during their tenure of office.

Powers exercised via the Emperor

 * Promulgation of amendment of the constitution, laws, cabinet orders, and treaties
 * Convocation of the National Diet
 * Dissolution of the House of Representatives
 * Proclamation of general elections to the National Diet
 * Receiving of foreign ambassadors and ministers
 * Conferring of honours

Explicit powers

 * Execution of the law
 * Conduct of foreign affairs
 * Conclusion of treaties (with the consent of the National Diet).
 * Administration of the civil service
 * Drafting of the budget (which must be adopted by the National Diet)
 * Adoption of cabinet orders
 * Granting of general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights
 * Signing of laws or cabinet orders by the relevant Minister of State and countersigned by the Prime Minister
 * Appointment of the associate justices of the Supreme Court of Japan (except for the Chief Justice, who is nominated by the Prime Minister and formally appointed by the Emperor)
 * Appointment of vice-ministers (who are nominated by their respective minister to whom they will report)