Prime Minister Fumio Kishida speaks at a press conference for the first time after being elected and announces he will dissolve the House of Representatives, at the prime minister's office in Tokyo on Oct. 4, 2021. (Pool photo)

       The Mainichi Shimbun answers some common questions readers may have about who has the right to dissolve the House of Representatives, which Prime Minister Fumio Kishida called during the lower house plenary session on Oct 14.

       Question: Is the prime minister the only individual who has the authority to dissolve the lower house?

       Answer: There's a saying that "The right of dissolution is the prime minister's exclusive right," and people have that kind of impression. However, there is no provision in Japan's Constitution that clearly states that the prime minister has such authority.

       Q: What does the Constitution say?

       A: Dissolution of the House of Representatives is listed as one of the matters of state to be performed by the emperor under Article 7 of the Constitution, with the advice and approval of the Cabinet. As the emperor is not allowed to be directly involved in national politics under the current Constitution, administrations in the past have viewed the right of dissolution as essentially belonging to the Cabinet.

       Q: So is it really the Cabinet that has the authority to dissolve the House of Representatives?

       A: The Cabinet is a collegial system, and a Cabinet decision is required for dissolution. The prime minister is the head of the Cabinet and has the right to appoint Cabinet members, and they can also dismiss the members if they oppose the dissolution. As the prime minister in essence has the authority to decide on the dissolution, it is referred to as their "trump card."

       Q: Can the Cabinet members stop the prime minister from dissolving the lower house?

       A: No. However, it has been pointed out that dissolving the lower chamber of the Diet should be carried out to confirm the will of the people when national affairs are in a critical phase and that the prime minister should refrain from abusing the right of dissolution. When former Prime Minister Shinzo Abe disbanded the lower house in 2014 and 2017, citing postponement of the consumption tax hike and other reasons, opposition parties criticized the move as "abusing the right of dissolution." Some argued that the Constitution should be amended to limit such authority.

       Q: But lower house lawmakers' terms in office were set to expire on Oct. 21. Wasn't it impossible to dissolve the House of Representatives?

       A: It's possible to do so as long as it's called before their terms expire. The prime minster had earlier announced he would dissolve the lower house on Oct. 14 for a general election on Oct. 31. The terms of lower house members end when the House of Representatives is dissolved, and they lose their positions.

       (Japanese original by Akiko Kato, Political News Department)

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