Abstract
<p>This paper introduces the process of law formulation and the characteristics of basic laws in Japan. More specifically, this paper presents the effects of the Basic Environmental Law and the Basic Law on Biodiversity on environmental administration as a case study. In Japan, both the cabinet and legislators can submit a bill to the diet. When a ministry develops a bill, it must obtain a report from a council that justifies the necessity of the new law. The ministry must then obtain approval from the ruling party and consent among the other ministries including the Cabinet Legislation Bureau. After a cabinet decision, the bill is submitted to the diet. At the end of 2015, there were 48 basic laws in effect, and while there is no firm definition of a basic law, such a law generally provides simple policy framework and direction. The cabinet submitted the bill of the Basic Environmental Law, and the law was established in 1993. A collaboration of environmental officers and big-name politicians initiated its formation, and the law legalized environmental impact assessments, economic instruments, and provided a global environmental policy, significantly improving Japanese environmental policy. A group of NGOs drafted the Basic Law on Biodiversity, which was subsequently submitted by diet members. It was established in 2008; however, it has not significantly influenced environmental policy. Major issues stipulated by the Basic Law on Biodiversity had already been implemented or planned prior to the establishment of the law.</p>
Highlights
In Japan, both legislators and the cabinet are authorized to submit a bill to the diet, and more than 80 percent of the Japanese laws adopted after World War II were submitted by the cabinet
Many basic laws have been adopted as diet laws, including the Basic Law on Biodiversity (BLB)
The BLB was a basic law under the Basic Environmental Law (BEL) as indicated by the Article 1 of the former, and only eight years have passed since the enactment
Summary
In Japan, both legislators and the cabinet are authorized to submit a bill to the diet, and more than 80 percent of the Japanese laws adopted after World War II were submitted by the cabinet (hereafter referred to as cabinet laws). No legal definition is given regarding the basic laws, and their legal status remains unclear They are sometimes seen as set between the Japanese Constitution and other ordinary laws, whereas a number of sectors have no basic law and some basic laws are placed under other basic laws. This paper introduces the usual formulation process of diet laws and cabinet laws. It discusses the formation process of the Basic Environmental Law (BEL) and the Basic Law on Biodiversity (BLB) as a case study; the former is a cabinet law, whereas the latter is a diet law. This paper compares the effects of the BEL and the BLB on Japan’s environmental administration (Note 1)
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