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Integrity Scorecard

2008 Assessment

Japan: Integrity Indicators Scorecard

Japan: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
32	Can members of the legislature be held accountable for their actions?	83
33	Are there regulations governing conflicts of interest by members of the national legislature?	29
34	Can citizens access the asset disclosure records of members of the national legislature?	83
35	Can citizens access legislative processes and documents?	100

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

32a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments:

References: Article 81 of the Constitution: The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.

32b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: Japan adopted the American-type incidental approach to judging regarding unconstitutionality, therefore judgment is passively made, based upon specific cases. In fact there are few cases where the Supreme Court has judged a law to be unconstitutional. Moreover, the legislature tends to ignore or act very slowly when laws are judged to be unconstitutional.

References: Media reports, [ LINK ].

32c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: Other than the privilege of being exempt from apprehension while the Diet is in session, ministers of parliament are subject to criminal proceedings.

References: Article 50 of the Constitution: "Except in cases provided by law, members of both Houses shall be exempt from apprehension while the Diet is in session, and any members apprehended before the opening of the session shall be freed during the term of the session upon demand of the House."

Are there regulations governing conflicts of interest by members of the national legislature?

33a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: The law requiring filing of an asset disclosure form was promulgated in 1992. All ministers must file within 100 days of taking their seat. There is no penalty for false disclosure.

References: [ LINK ].

Members of Parliament Assets Disclosure Act.

33b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: There is no restriction for national legislators on entering the private sector after leaving the government. In fact, ministers can even have private sector jobs while they are in public service.

References: Article 39 of The Diet Law prohibits having other public jobs.

33c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: Every time scandals involving ministers are exposed, the Act for the Regulation of Political Funds is modified. However, it is said that this law is always full of loopholes.

References: The Act for the Regulation of Political Funds.

33d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: The auditor is not required to be a qualified or independent accountant.

References: The Act for the Regulation of Political Funds.

33e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: As there is no regulation restricting post-government private sector employment for national legislators, there is no practice restricting this conduct that applies to ministers.

References: No legal requirements.

33f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: The National Public Service Ethics Law describes rules and regulations regarding gifts and hospitality given to general public officials, but special public officials, such as the prime minister and cabinet members are excluded from them.

References: Media reports, [ LINK ]" target="_blank">[ LINK ].

http://www.jinji.go.jp/rinri/eng/index.htm.

33g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments:

References: Article 19 of the Political Party Subsidy Act.

[ LINK ].

Can citizens access the asset disclosure records of members of the national legislature?

34a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: The Political Fund Regulation Act allows citizens to view the asset disclosure records and the Freedom of Information Act guarantees citizens the right to demand this access. However, the Political Fund Disclosure Act is notorious for being full of loopholes.

References: [ LINK ].

[ LINK ].

34b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: Legislative asset disclosure records are disclosed in an official gazette. They are available for review by citizens at the Ministry of Internal Affairs and Communications (MIC) for five years. In most cases, the information is available online.

References: Media reports, [ LINK ].

34c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: Legislative asset disclosure records are disclosed in an official gazette. The records are available for review by citizens at the Ministry of Internal Affairs and Communications (MIC) for five years. In most cases, the information is available online.

References: Government studies, [ LINK ].

Can citizens access legislative processes and documents?

35a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: Thanks to the Freedom of Information Act, citizens can access records of legislative processes and documents.

References: [ LINK ].

35b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: Records of legislative processes and documents are mostly available online.

References: Government studies, [ LINK ].

35c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: The records of legislative processes and documents are mostly available online.

References: Government studies, [ LINK ].