Cabinet Order

Article

July 5, 2022

A Cabinet Order is an order enacted by the Cabinet based on Article 73, Item 6 of the Constitution of Japan. It has the highest priority among the orders enacted by government agencies.

Type

A Cabinet Order classified as an enforcement order enacted to implement the provisions of the Constitution and the law, and a Cabinet Order classified as a delegation order enacted based on the delegation of the law (the proviso of Article 73, No. 6 of the Constitution of Japan). , See Article 11 of the Cabinet Law). Independent orders are not allowed.

Title

Many cabinet orders have enacted a set of provisions entrusted by a specific law and the provisions necessary to enforce a specific law, and such a cabinet order uses the title of the law to "~ law enforcement order." It is often named like this. The enforcement order of the National Organization Establishment Law often has a name such as "-Ministry Organization Ordinance".

Effectiveness

Superiority or inferiority of efficacy

The superiority and inferiority relationship between the Cabinet Order and other legal forms is as follows. Law> Cabinet Order> Cabinet Office Ordinance, Cabinet Office Ordinance, Reconstruction Agency Ordinance, Ministerial Ordinance, External Bureau Rules (Rules, Agency Ordinance) Supreme Court Rule, House Rule, Ordinance , There is also a dispute.

Example

Local Autonomy Law (Act No. 67 of 1947) Local Autonomy Law Enforcement Ordinance (Cabinet Order No. 16 of 1947) Local Autonomy Law Enforcement Regulations (Ministry of Interior Ordinance No. 29, 1947)

Limitation of efficacy

Since the Constitution of Japan presupposes that the Diet is the only legislative body, the enactment of a cabinet order such as an independence order under the Constitution of the Empire of Japan is not permitted (Article 41 of the Constitution). It should be noted that, as in the case of the rank order (Edict No. 325 of 1918) and the enactment of medals (Proclamation No. 54 of Daijo-kan's Decree No. 54 of 1887), the independence order under the old Constitution is valid as it is and is effective as a Cabinet Order. There is an example given. No penalties can be set, especially if there is a delegation of law. (Provision of Article 73, No. 6 of the Constitution) Without the delegation of law, it is not possible to impose obligations or establish provisions to limit rights (Cabinet Law Article 11). There are also examples such as the Immigration Control and Refugee Recognition Act, in which the "Immigration Control and Refuge" became effective as a law after the occupation was lifted.

Enactment procedure

The Cabinet Order is enacted by the following procedure. Determined by the Cabinet (Cabinet Law, Article 4, Paragraph 1). Signed by the Chief Minister of State and co-signed by the Prime Minister (Article 74 of the Constitution). Promulgated by the Emperor (Article 7, Item 1 of the Constitution) It will be published in the official bulletin.

Relationship with the Edict

The decree issued under Article 9 of the Constitution of the Dainichi this empire, which is still valid under the Constitution of Japan (those that do not violate the provisions of the Constitution of Japan), is considered to have the effect of a Cabinet Order. (Cabinet Order concerning the effect of the provisions of the Imperial Decree that are currently in effect when the Constitution of Japan is enforced (Showa 22 Administration 14)).

Orders in effect of Cabinet Order

With the revision of the law, as a transitional measure, there is an example of giving the effect of a cabinet order to an order that is originally positioned below the cabinet order. Law Concerning the Arrangement of Related Laws Accompanying the Enforcement of the Autonomous Agency Establishment Law (Law No. 262 of 1952) Supplementary Provisions Paragraph 5 The rules of the Local Finance Committee or the rules of the National Election Commission, which are in effect at the time of enforcement of this Act, shall be those that stipulate the matters to be stipulated by Cabinet Order after the enforcement of this Act. As a Cabinet Order, those that stipulate matters to be stipulated by the Prime Minister's Office Ordinance shall be effective as the Prime Minister's Office Ordinance. Law to partially revise the National Civil Service Law (Law No. 69 of 1965) Supplementary Provisions Article 2, Paragraph 7 of the rules of the National Personnel Authority that are currently in effect at the time of enforcement of this Act