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
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)
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