Regierungsberatung durch Sachverständige

Verfassungsrechtliche Herausforderungen am Beispiel Japans

Abstract

The COVID-19 pandemic has underscored the growing role of expert knowledge in political decision-making worldwide. In Japan, informal expert committees played a central role in advising the government, despite lacking a formal legal basis or democratic legitimacy. This raises fundamental constitutional questions: To what extent is the government accountable for decisions effectively shaped by external experts? How does such reliance on expert advice align with democratic principles and the rule of law? This article examines Japan’s use of informal advisory bodies, exploring how experts were integrated into political communication and used to legitimize government action. A comparison with Germany highlights how cultural and institutional factors influence the legal framing of expert involvement. The article concludes by proposing a constitutional approach to regulating expert consultation, emphasizing transparency, accountability, and procedural safeguards to ensure democratic legitimacy in times of crisis.