Feb 12 • 20:00 UTC 🇯🇵 Japan Asahi Shimbun (JP)

What is the Legislative Council? What has been discussed?

The Legislative Council of Japan, in its recent session, provided recommendations regarding the review of the retrial system and discussed various legal reforms.

The Legislative Council, chaired by Professor Hitoshi Saeki from Chuo University, is a consultative body for the Minister of Justice in Japan. Recently, the council submitted a report to Justice Minister Hiroshi Hiraguchi concerning the reevaluation of the retrial system and other legal frameworks. The council plays a crucial role in reviewing fundamental laws such as criminal and civil code by forming subcommittees that involve scholars and practitioners who engage in discussions, culminating in recommendations that guide the Ministry of Justice in drafting legislation for the Diet's approval.

Throughout its history, the Legislative Council has addressed various themes, including the recent discussions around the retrial system for criminal trials, support systems for individuals with limited decision-making abilities, and the introduction of joint custody post-divorce. Notably, it had previously recommended the introduction of a selective couple's surname system, but this proposal was not advanced due to opposition from the ruling Liberal Democratic Party. The council's proceedings typically involve extensive deliberations, with major revisions sometimes taking years to complete, ensuring thorough examination of legal issues.

Formed in 1949 with origins tracing back to the Meiji period, the Legislative Council operates under the National Government Organization Act. Similar consultative bodies exist in other ministries, focusing on various governance aspects including education (Central Education Council) and financial legislation (Council on Fiscal System). However, the council faces criticism for becoming a 'shield' for bureaucrats, potentially obscuring administrative accountability. Ensuring transparency and fairness in membership selection and procedural conduct remains a critical challenge for the council.

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