The Law for Special Exception of the Imperial House Law concerning Abdication, etc. of Emperor , or in short Emperor Abdication Law , is a

Japanese law The law of Japan refers to the legal system in Japan, which is primarily based on legal codes and statutes, with precedents also playing an important role. Japan has a civil law legal system with six legal codes, which were greatly influenced b ...

enacted for the

abdication Abdication is the act of formally relinquishing monarchical authority. Abdications have played various roles in the Order of succession, succession procedures of monarchies. While some cultures have viewed abdication as an extreme abandonment of ...

Akihito Akihito (born 23 December 1933) is a member of the Imperial House of Japan who reigned as the 125th emperor of Japan from 1989 until 2019 Japanese imperial transition, his abdication in 2019. The era of his rule was named the Heisei era, Hei ...

, the 125th

emperor of Japan The emperor of Japan is the hereditary monarch and head of state of Japan. The emperor is defined by the Constitution of Japan as the symbol of the Japanese state and the unity of the Japanese people, his position deriving from "the will of ...

. The special law was enacted by the

National Diet , transcription_name = ''Kokkai'' , legislature = 215th Session of the National Diet , coa_pic = Flag of Japan.svg , house_type = Bicameral , houses = , foundation=29 November 1890(), leader1_type ...

on 9 June 2017 after both houses passed the legislation. The law partially came into effect on 16 June 2017, and fully in effect on 1 May 2019 after the accession and enthronement of the new emperor,

Naruhito Naruhito (born 23 February 1960) is Emperor of Japan. He acceded to the Chrysanthemum Throne following 2019 Japanese imperial transition, the abdication of his father, Akihito, on 1 May 2019, beginning the Reiwa era. He is the 126th monarch, ...

Background

According to the

Imperial Household Law is a Japanese law that governs the line of imperial succession, the membership of the imperial family, and several other matters pertaining to the administration of the Imperial Household. In 2017, the National Diet changed the law to enable ...

, the Emperor is "on throne until death". The Abdication Law, however, provides legal basis for the abdication of

and the accession of

Crown Prince A crown prince or hereditary prince is the heir apparent to the throne in a royal or imperial monarchy. The female form of the title, crown princess, is held by a woman who is heir apparent or is married to the heir apparent. ''Crown prince ...

, and was described by the Chief Cabinet Secretary as "setting up precedents for the future". Akihito reportedly revealed his intention to abdicate on 22 July 2010 in a Palace Meeting, admitting his parents' illnesses in their later years, including cancer of

Emperor Hirohito , Posthumous name, posthumously honored as , was the 124th emperor of Japan according to the traditional order of succession, from 25 December 1926 until Death and state funeral of Hirohito, his death in 1989. He remains Japan's longest-reigni ...

and dementia of

Empress Kōjun Nagako (6 March 190316 June 2000), posthumously honoured as Empress Kōjun, was a member of the Imperial House of Japan, the wife of Emperor Shōwa (Hirohito) and the mother of Emperor Emeritus Akihito. She was Empress of Japan from 1926 unti ...

, had impacted him hugely.

NHK , also known by its Romanization of Japanese, romanized initialism NHK, is a Japanese public broadcasting, public broadcaster. It is a statutory corporation funded by viewers' payments of a television licence, television license fee. NHK ope ...

, a major Japanese public broadcaster, reported on 13 July 2016 and citing officials of

Imperial Household Agency The (IHA) is an agency of the government of Japan in charge of state matters concerning the Imperial House of Japan, Imperial Family, and the keeping of the Privy Seal of Japan, Privy Seal and State Seal of Japan. From around the 8th century ...

, that "His Majesty the Emperor had expressed his intention to abdicate for Crown Prince Naruhito in the coming few years". The Agency initially rejected the report as "impossible" and "unrealistic". On 8 August, the Emperor made his second-ever televised address to the public. Akihito said his declining health means it is difficult to fulfil his duties, which strongly indicated his wish to abdicate as he was barred from making political statements according to the constitution.

Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...

Shinzo Abe Shinzo Abe (21 September 1954 – 8 July 2022) was a Japanese politician who served as Prime Minister of Japan and President of the Liberal Democratic Party (Liberal Democratic Party (Japan), LDP) from 2006 to 2007 and again from 2012 to 2020. ...

said the government would take the remarks seriously and discuss what could be done.

Legislation

The cabinet convened 14 meetings on "reducing the burden of Emperor's duties" in 2016 and 2017. On 21 April 2017, the final report of the meetings was published which recommended the enactment of new law by the National Diet. The proposed bill would allow Akihito to abdicate and be conferred the title of "Emperor Emeritus", while

Empress Michiko is a member of the Imperial House of Japan. She was Empress of Japan as the wife of Akihito, the 125th Emperor of Japan reigning from 7 January 1989 to 30 April 2019. Michiko married Crown Prince Akihito and became Crown Princess of Japan i ...

, wife of Akihito, will be called "Empress Emeritus". Both will retain the title of "

Majesty Majesty (abbreviated HM for His Majesty or Her Majesty, oral address Your Majesty; from the Latin , meaning ) is used as a manner of address by many monarchs, usually kings or queens. Where used, the style outranks the style of ''(Imperial/Roy ...

". The Imperial Household Agency will be reformed by creating "Department of Emperor Emeritus" and "Department of Crown Prince". All parliamentary parties were invited to send representatives over drafting of the bill by virtue of Article 1 of the Constitution, which said "The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power." The bill was agreed by the cabinet in the meeting on 19 May 2017, and was sent to the National Diet on the same day. Following discussion in a committee of the House of Representatives on 1 June, the bill was passed in the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...

with a simple majority on the next day - noticeably that no independent member or parties indicate objection. The

House of Councillors The is the upper house of the National Diet of Japan. The House of Representatives (Japan), House of Representatives is the lower house. The House of Councillors is the successor to the pre-war House of Peers (Japan), House of Peers. If the t ...

, the upper house, then established the "Special Bills Committee on the Law for Special Exception of the Imperial House Law concerning Abdication, etc. of Emperor" for further discussion. The Councillors passed the bill on 9 June without objection, but the

Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. For example, while the political systems ...

abstained from the vote, saying the abdication should be handled by the amendment to the Imperial Household Law. The law came into effect on 16 June. Diet of Japan Kokkai 2009

A resolution was included in the bill, which confirmed "the Government will take into account the shrinking of the imperial family, and will consider various measures regarding the imperial succession, including the establishment of female palace, and to timely report to the National Diet." The opposition party, the

Constitutional Democratic Party The Constitutional Democratic Party (, K-D), also called Constitutional Democrats and formally the Party of People's Freedom (), was a political party in the Russian Empire that promoted Western constitutional monarchy—among other policies� ...

, formed a study group on studying the possibility of

absolute primogeniture Primogeniture () is the right, by law or custom, of the firstborn legitimate child to inherit all or most of their parent's estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relat ...

(i.e. to allow female succession to the crown) and to make abdication procedures permanent.

Subsequent decisions

Following the passage of bill into law, the Government started planning the timeline of the abdication and to decide on the new era name. On 1 December 2017, the

Imperial Household Council The is a ten-member body to approve the statutory matters on the Imperial House of Japan. The Council was established in 1947, when the current Imperial Household Law took effect. Functions The Imperial Household Law provides that the Counc ...

decided the abdication of Emperor

will take place on 30 April 2019. Members of the Imperial Household Council (on 1 December 2017) below: *

(

) - Chairperson *

Masahito, Prince Hitachi is a member of the Imperial House of Japan, the younger brother of Akihito, Emperor emeritus Akihito and the paternal uncle of Naruhito, Emperor Naruhito. He is the second son and sixth born child of Hirohito, Emperor Shōwa and Empress Kōju ...

(Member of

Japanese Imperial Family The is the reigning dynasty of Japan, consisting of those members of the extended family of the reigning emperor of Japan who undertake official and public duties. Under the present constitution of Japan, the emperor is "the symbol of the State ...

) *

Hanako, Princess Hitachi (born ; 19 July 1940), is a member of the Japanese Imperial Family as the wife of Masahito, Prince Hitachi, who is the younger son of Emperor Shōwa and the only brother of Emperor Emeritus Akihito. By marriage, she is the aunt of Emperor ...

(Member of

) *

Tadamori Ōshima is a former Japanese politician who served as the Speaker of the House of Representatives of Japan from 2015 to 2021. A member of the Liberal Democratic Party, he previously served as the Minister of Agriculture, Forestry and Fisheries, and ...

( Speaker of the House of Representatives) * Chūichi Date (

President of the House of Councillors The is the presiding officer of the House of Councillors, the upper house of Japan, and together with the Speaker of the House of Representatives (Japan), Speaker of the House of Representatives, the president is also the head of the Governme ...

) * Hirotaka Akamatsu (Vice Speaker of the House of Representatives) * Akira Gunji (Vice President of the House of Councillors) *Itsuro Terada ( Chief Justice of the Supreme Court) * Kiyoko Okabe ( Justice of the Supreme Court of Japan) *Shinichiro Yamamoto (

Grand Steward The is the head department of the Imperial Household Agency of Japan. History The origins of the structure of the Imperial Household can be traced back to the reign of Emperor Monmu, with the organisation of the government structure in 701 AD ...

) *''Some other members of the National Diet'' The abdication of Akihito had once been considered to be held on 31 March 2019 and the accession on the next day, but was abandoned because of the potential political impact by the

local elections Local may refer to: Geography and transportation * Local (train), a train serving local traffic demand * Local, Missouri, a community in the United States Arts, entertainment, and media * ''Local'' (comics), a limited series comic book by Bria ...

. The

Third Abe Cabinet The Third Abe cabinet governed Japan under the leadership of the prime minister, Shinzō Abe, from December 2014 to November 2017. The government was a coalition between the Liberal Democratic Party and the Komeito (which had changed its name from ...

agreed the abdication date on 8 December 2017, and the decree was gazetted on 13 December. The decree which provides legal basis for the abdication ceremony was also promulgated on 9 March 2018 after cabinet's decision on 6 March. On 1 April 2019, the cabinet decided on the details of the announcement of the new era name, and that the new era name would come into effect on 1 May 2019 with the accession to the throne of

, Akihito's eldest son. Crown Prince Naruhito became the 126th Emperor at the midnight of 1 May 2019, and the era name was changed from

Heisei The was the period of Japanese history corresponding to the reign of Emperor Akihito from 8 January 1989 until his abdication on 30 April 2019. The Heisei era started on 8 January 1989, the day after the death of the Emperor Hirohito, when hi ...

Reiwa is the current and 232nd era of the official calendar of Japan. It began on 1 May 2019, the day on which Emperor Akihito's eldest son, Naruhito, ascended the throne as the 126th Emperor of Japan. The day before, Emperor Akihito abdicated ...

simultaneously.

Provisions

Section 1 (Preamble) provides the background information of Emperor

, which includes his health issues and the necessity of abdication. Section 2 (Abdication of Emperor and Succession by Crown Prince) stipulates that the abdication of Akihito and succession by his eldest son, Crown Prince

will happen on "enforcement date". Section 3 ( Emperor Emeritus) and Section 4 (Empress Emeritus) stipulate, respectively, the title of Emperor Akihito and

after abdication. Section 5 (Crown Prince after succession to the throne) confers the title of crown prince to

Fumihito is the heir presumptive to the Japanese throne. He is the younger brother of Emperor Naruhito, and the younger son of Emperor Akihito and Empress Michiko. Since his marriage in June 1990, he has had the title and has headed the Akishino br ...

, Naruhito's brother. The annexes of the law provides further details in connection with the abdication, including the enforcement and expiry date of the law, application of laws related to Emperor and Empress Emeritus and the finance of the Imperial Family, taxation, exemption of public consultation, amendment to the Imperial Household, Public Holiday Law and Imperial Household Agency Law.

Notes

References

{{Reflist 2017 in Japanese politics 2017 in law Succession acts Japanese imperial history