Cabinet of Japan - Appointment

Appointment

Under the constitution, Ministers of State are appointed after the selection of the Prime Minister. A majority of the Cabinet, including the Prime Minister, must be members of the Diet (but may be members of either house), and all members must be civilians. Under the 2001 Cabinet Law, the number of Ministers of State (excluding the Prime Minister) must be fourteen or less, but this may be increased to seventeen if a special need arises. In the event that the Cabinet collectively resigns it continues to exercise its functions until the appointment of a new Prime Minister. While in office, legal action may not be taken against Ministers of State without the consent of the Prime Minister. The Cabinet must resign en masse in the following circumstances:

  • When a motion of no confidence is adopted, or a vote of confidence defeated, by the House of Representatives, unless there is a dissolution of the house within ten days.
  • Upon the first convocation of the Diet after a general election to the House of Representatives (even if every minister will then be reappointed).
  • When the position Prime Minister becomes vacant, or the Prime Minister declares his intention to resign.

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