National Diet

The National Diet (国会, Kokkai; Japanese pronunciation: [kok̚.kai]) is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (衆議院, Shūgiin), and an upper house, the House of Councillors (参議院, Sangiin). Both houses are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally responsible for nominating the prime minister. The Diet was first established as the Imperial Diet in 1890 under the Meiji Constitution, and took its current form in 1947 upon the adoption of the post-war constitution. Both houses meet in the National Diet Building (国会議事堂, Kokkai-gijidō) in Nagatachō, Chiyoda, Tokyo.

The houses of the National Diet are both elected under parallel voting systems. This means that the seats to be filled in any given election are divided into two groups, each elected by a different method; the main difference between the houses is in the sizes of the two groups and how they are elected. Voters are asked to cast two votes: one for an individual candidate in a constituency, and one for a party list. Any national of Japan at least 18 years of age may vote in these elections, reduced from age 20 in 2016. Japan's parallel voting system (mixed-member majoritarian) is not to be confused with the mixed-member proportional systems used in many other nations. The Constitution of Japan does not specify the number of members of each house of the Diet, the voting system, or the necessary qualifications of those who may vote or be returned in parliamentary elections, thus allowing all of these things to be determined by law. However it does guarantee universal adult suffrage and a secret ballot. It also stipulates that the electoral law must not discriminate in terms of "race, creed, sex, social status, family origin, education, property or income".

Generally, the election of Diet members is controlled by statutes passed by the Diet. This is a source of contention concerning re-apportionment of prefectures' seats in response to changes of population distribution. For example, the Liberal Democratic Party (LDP) had controlled Japan for most of its post-war history, and it gained much of its support from rural areas. During the post-war era, large numbers of people relocated to urban centers for economic reasons; though some re-apportionments have been made to the number of each prefecture's assigned seats in the Diet, rural areas generally have more representation than do urban areas. Among rural interests, Japanese rice farmers historically had particular influence in internal LDP politics and national policies on trade and agricultural subsidies.

The Supreme Court of Japan began exercising judicial review of apportionment laws following the Kurokawa decision of 1976, invalidating an election in which one district in Hyōgo Prefecture received five times the representation of another district in Osaka Prefecture. In the most recent elections, the malapportionment ratio amounted to 3.03 in the House of Councillors (2022 election: Kanagawa/Fukui) and 2.06 in the House of Representatives (2024 election: Hokkaidō 3/Tottori 1).

Candidates for the lower house must be 25 years old or older and 30 years or older for the upper house. All candidates must be Japanese nationals. Under Article 49 of Japan's Constitution, Diet members are paid about ¥1.3 million a month in salary. Each lawmaker is entitled to employ three secretaries with taxpayer funds, and to receive free Shinkansen tickets, and four round-trip airplane tickets a month to enable them to travel back and forth to their home districts.

Article 41 of the Constitution describes the National Diet as "the highest organ of State power" and "the sole law-making organ of the State". This statement is in forceful contrast to the Meiji Constitution, which described the Emperor as the one who exercised legislative power with the consent of the Diet. The Diet's responsibilities include not only the making of laws but also the approval of the annual national budget that the government submits and the ratification of treaties. It can also initiate draft constitutional amendments, which, if approved, must be presented to the people in a referendum. The Diet may conduct "investigations in relation to government" (Article 62).

The Prime Minister must be designated by Diet resolution, establishing the principle of legislative supremacy over executive government agencies (Article 67). The government can also be dissolved by the Diet if the House of Representatives passes a motion of no confidence introduced by fifty members of the House of Representatives. Government officials, including the Prime Minister and Cabinet members, are required to appear before Diet investigative committees and answer inquiries. The Diet also has the power to impeach judges convicted of criminal or irregular conduct.

In most circumstances, in order to become law a bill must be first passed by both houses of the Diet and then promulgated by the Emperor. This role of the Emperor is similar to the Royal Assent in some other nations; however, the Emperor cannot refuse to promulgate a law and therefore his legislative role is merely a formality.