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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