Page 87 - kpi17073
P. 87

86     การประชุมวิชาการ
                   สถาบันพระปกเกล้า ครั้งที่ 16




                            ๏ (Relationship between the Diet and the Cabinet (and the Prime
                               Minister))

                            ๏ Important relationships between the Diet and the Cabinet are as
                               follows.


                            ๏ The Prime Minister shall be designated by the Diet from among the
                               members of the Diet.

                            ๏ Majority of the Ministers of State whom the Prime Minister shall
                               appoint must be chosen from among the members of the Diet.


                            ๏ The Cabinet, in the exercise of the executive power, shall be
                               collectively responsible to the Diet.

                            ๏ If the House of Representative passes a non-confidence resolution, or
                               rejects a confidence resolution, the Cabinet shall resign en masse,
                               unless the House of Representatives is dissolved within 10 days.

                            ๏ The Cabinet prepares the budget and presents it to the Diet.


                            ๏ The Prime Minister, representing the Cabinet, submits bills, reports on
                               general national affairs and foreign relations to the Diet.


                      The   diciary
                           The whole judiciary power is vested in the Supreme Court and lower level
                     courts. The Japanese Constitution prescribes that no extraordinary tribunal shall
                     be established, nor shall any organ or agency of the Executive be given final
                     judicial power. Therefore, the organizational structure of judicial power in Japan
                     is very simple compared with other countries.


                           There is the Supreme Court, eight High Courts, 50 District Courts and 50
        เอกสารประกอบการอภิปรายร่วมระหว่างผู้แทนจากต่างประเทศ
                     Family Courts and 438 Summary Courts. There is not a special court like the
                     Administrative Court and the Constitutional Court. Constitutionality of legislations
                     or administrative actions is dealt with the normal court with the Supreme Court
                     as the final court.

                           The Constitution requires that all judges shall be independent in the
                     exercise of their conscience and shall be found only by the Constitution and the
                     laws. The Constitution also stipulates that judges shall not be removed except
                     by public impeachment unless declared mentally or physically incompetent to
                     perform official duties and that no disciplinary action against judges shall be
                     administered by any executive organ or agency. The Chief Justice of the
                     Supreme Court is appointed by the Emperor as designated by the Cabinet and
   82   83   84   85   86   87   88   89   90   91   92