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Integrity Scorecard

2007 Assessment

Japan: Integrity Indicators Scorecard

Japan: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	83
30	Are there regulations governing conflicts of interest by members of the national legislature?	46
31	Can citizens access the asset disclosure records of members of the national legislature?	83
32	Can citizens access legislative processes and documents?	100

Indicator and sub-Indicator Details

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

29a: 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.

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: Japan adopted American-type incidental judgment of unconstitutionality, therefore judgment is passively made based upon specific cases. In fact, there are few cases where the Supreme Court made unconstitutional judgment. Moreover the legislature tends to ignore or act very slowly on unconstitutional judgments.

References: Media reports [ LINK ]

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: Other than the privilege of apprehension exemption during the session, MPs are subject to criminal proceedings.

References: Article 50 of the Constitution. "Except in cases as provided for 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."

Chapter IV. Members of the Diet Article 33 of Diet Law. "During a session of the Diet, a Member of a House shall not be apprehended without the consent of his House, unless he is in the very act of committing a criminal offense outside the House."

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

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: The law was promulgated in 1992. All MPs have to file within 100 days from taking the seat. There is no penalty for false disclosure.

References: Members of Parliament Assets Disclosure Act [ LINK ]

30b: 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 to enter private sector after leaving the government. In fact MPs can have private sector jobs while they are in public service.

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

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: Every time scandals surrounding MPs happen, the Act for the Regulation of Political Funds is modified, however it is said this law is full of loopholes.

References: The Act for the Regulation of Political Funds.

30d: 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 needs not to be a qualified accountant nor an independent one.

References: The Act for the Regulation of Political Funds.

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: As there is no regulation, there is no practice restricting post-government private sector employment for MPs.

References: No legal requirements.

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: National Public Service Ethics Law describes rules and regulations of gifts and hospitality for general public officials, but special public officials such as the prime minister and cabinet members are excluded.

References: Media reports [ LINK ]" target="_blank">[ LINK ] http://www.jinji.go.jp/rinri/eng/index.htm

Peer Review Comments: In practice, it is possible to find loopholes to get around the regulations -- for example, by making gifts to organizations associated with the legislators rather than the legislators themselves.

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: Disclosure records shall be audited by a certified public accountant or audit firm.

References: Government studies. Article 19 of political Party Subsidy Act. [ LINK ]

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

31a: 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 to demand the access. However, the Political Fund Disclosure Act is notorious for being full of loopholes.

References: [ LINK ] [ LINK ] [ LINK ]

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: Records are disclosed in an official gazette. Citizens can view the information at the Ministry of Internal Affairs and Communications for five years. In most cases, the information is available online.

References: [ LINK ]

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

References: Government studies [ LINK ]

Can citizens access legislative processes and documents?

32a: 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 ]

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: The records are mostly available online.

References: Government studies [ LINK ]

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: The records are mostly available online.

References: Government studies [ LINK ]