Abstract: The 1946 Constitution of Japan adopted the principle of separation of powers, dividing three governmental powers and vesting each in a different department. However, it also adopted the Westminster system of parliamentary government, creating a very close relationship between the legislature and the executive. As a result, there are several differences between Japan and the United States, which adopted a presidential system based on the separation of powers principle. The Japanese system is also different from the system in the United Kingdom. Moreover, the actual relationships among the three departments are heavily infl uenced by the dominant administrative law doctrines, resulting in a much stronger executive department. This article closely analyses the separation of powers principle in Japan and critically examines its actual implementation.
Keywords: separation of powers; cabinet; Prime Minister; the executive power; the legislative power; dissolution; delegation; judicial injunction
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