The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business.
内閣総理大臣は、国会議員の中から国会の議決で、これを指名する。この指名は、他のすべての案件に先だつて、これを行ふ。
If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within ten (10) days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet.
衆議院と参議院とが異なつた指名の議決をした場合に、法律の定めるところにより、両議院の協議会を開いても意見が一致しないとき、又は衆議院が指名の議決をした後、国会休会中の期間を除いて十日以内に、参議院が、指名の議決をしないときは、衆議院の議決を国会の議決とする。
the Diet
国会
Japan's parliament, and under Article 41 the only body that can make an Act (法律). It has two chambers, the House of Representatives and the House of Councillors, both made up of elected members (Articles 42 and 43). It designates the Prime Minister, approves the budget and treaties, and can start the process of amending the Constitution. A Cabinet Order (政令) or Ministerial Order (省令) may impose a duty or a penalty only where an Act the Diet passed says it may.
Written by AI using Constitution, Arts. 41, 42, 43 and Wikipedia: National Diet as a reference.
House of Councillors
参議院
The upper of the Diet's two chambers (Article 42). Its members serve six years, half of them elected every three years, and it is never dissolved (Article 46) — so it always has sitting members, where the House of Representatives can have none. That is not the same as always being open: when the House of Representatives is dissolved the House of Councillors is closed at the same time, and during that closure it sits only if the Cabinet calls it into emergency session because the country needs one (Article 54, paragraph (2)).
Written by AI using Constitution, Arts. 42, 46, 54 and Wikipedia: House of Councillors (Japan) as a reference.
House of Representatives
衆議院
The lower of the Diet's two chambers (Article 42). Its members serve four years, and the term ends early whenever the House is dissolved (Article 45) — which is the difference that matters: the House of Councillors cannot be dissolved. Where the two chambers disagree, the House of Representatives can prevail, on an Act by passing it again with two thirds of the members present (Article 59, paragraph (2)), and on the budget, treaties and the choice of Prime Minister by its decision simply becoming the Diet's.
Written by AI using Constitution, Arts. 42, 45, 59, 60, 61, 67 and Wikipedia: House of Representatives (Japan) as a reference.
Prime Minister
内閣総理大臣
The head of the Cabinet. Designated by the Diet from among its own members, and appointed by the Emperor on that designation (Articles 67 and 6). The Prime Minister appoints and may dismiss the other Ministers of State at will, and a majority of them must be members of the Diet (Article 68). No Minister of State can be subjected to legal action while in office without the Prime Minister's consent (Article 75).
Written by AI using Constitution, Arts. 6, 67, 68, 75 and Wikipedia: Prime Minister of Japan as a reference.