Lecture 3 Japan's Political System and Institutions PDF

Political System and Institutions of Japan  The Japanese Occupation 1945 - 1952 Supreme Commander of the Allied Powers (SCAP) - General Douglas MacArthur Two main tasks: – demilitarization – democratization Emperor Hirohito and...

Political System and Institutions of Japan  The Japanese Occupation 1945 - 1952 Supreme Commander of the Allied Powers (SCAP) - General Douglas MacArthur Two main tasks: – demilitarization – democratization Emperor Hirohito and General MacArthur, at their first meeting, at the U.S. Embassy, Tokyo, 27 September, 1945. 2  Demilitarization Purged almost all wartime officers and politicians Disbanded almost all militaristic associations and parties Prosecuted almost all war criminals – The issue of Yasukuni Shrine Dismantled almost all war industries 3  War Criminals Yasukuni Shrine was built in Meiji period (1869) Japan’s Pacific War criminals have been worshiped in it since 1978 Strong protests from other Asian countries 4  New Constitution It was drafted by American Army officers on the basis of the Meiji Constitution (1889) with consultations from the pacifist politicians in Japan Adopted in 1946 and enacted in May 1947 Popular Sovereignty “We, the Japanese people, acting through our duly elected representatives…do proclaim that sovereign power resides with the people…Government is a sacred trust fo the people, the authority for which is derived from the people…” Popular consent Political equality Human Rights (the longest part has 31 articles addressing a wide range of civil and social rights.) Judicial review  New Constitution -- Remaking Japan along on American model Pacifism (Article 9 Renunciation of War): “...the Japanese people forever renounce war as a sovereign right of the nation...land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.” (Peace Clause) Constitutional Monarchy (Article 1): Emperor as “...symbol of the state and unity of the people, deriving his position from the will of the people, with who resides sovereign power” (No direct political role) http://www.sangiin.go.jp/eng/law/tcoj/index.htm  Amending Constitution? The Article 96 specifies the process for making amendments. The Constitution has remained unchanged since coming into effect on May 3, 1947. It requires two-thirds of all members in each chamber of National Diet and the majority of Japanese people. Why the LDP faces an uphill battle to revise Japan’s Constitution?  The Constitution of Japan provides for the principle of the separation of powers and the system of checks and balances.  National Diet “the highest organ of state power" and "the sole law-making organ of the State – In contrast, in Meiji Constitution, the emperor was the one who exercised legislative power with the consent of the Diet The size of Diet, election system of Diet, member qualification are not prescribed by the Constitution. But the Constitution does guarantee universal adult suffrage, secret ballot, and political equality.  National Diet Powers of National Diet – Enactment of laws, – Decisions regarding the budget and other matters related to national finances, – Decisions regarding approval for the conclusion of international treaties, – Designation of the Prime Minister, and – Initiation of amendments to the Constitution. House of Councilors (Upper House) House of Representatives (Lower House) Lower House is more powerful than the upper one, esp. – choose prime minister – pass budget – ratify treaties – Lower House prevails if opposite decisions (no conference committee)  The House of Representatives 465 members in House of Representatives – 4-year term – must be at least 25 years old Japanese citizens – Can be dissolved by the Cabinet – 289 elected from single-seat constituencies – 176 elected from 11 (electoral blocs) proportional representation districts – Standing committees controlled by the ruling party/coalition  Strength of Political Groups in the House of Representatives Liberal Democratic Party 257 (22) The Constitutional Democratic Party of Japan and the Independent 99 (15) Japan Innovation Party and Free Education for All 45 (5) Komeito 32 (4) Japanese Communist Party 10 (2) Democratic Party For the People 7 (1) Yushi no Kai 4 (0) REIWA SHINSENGUMI 3 (2) Independents 7 (0) INCUMBENTS 464 (51) Vacancies 1 MEMBERSHIP 465 Note: Figures in parentheses show the number of women members.  The House of Councillors 248 members in House of Councilors – 6-year term (1/2 every 3rd year) – must be at least 30 years old Japanese citizens – Not subject to dissolution Political Groups in the House Number of Members Abbreviation Liberal Democratic Party 114 (23) LDP The Constitutional Democratic Party of Japan and Social Democratic Party 40 (19) CDP Komeito 27 (4) KP Japan Innovation Party and Free Education For All 21 (5) JIFE Democratic Party For the People and The Shin-Ryokufukai 11 (3) DPFP-SR Japanese Communist Party 11 (5) JCP REIWA SHINSENGUMI 5 (1) Okinawa Whirlwind 2 (0) OW The Party to Protect People from NHK 2 (0) NHK Party Independents 12 (4) None INCUMBENTS 245 (64) - Vacancies 3 - MEMBERSHIP 248 -  Prime Minister & Cabinet All are members of the Japanese National Diet Most are members of the House of Representatives  The Prime Minister Designated from among the members of the Diet A Diet member who acquires majority votes in a single signed ballot shall be designated as Prime Minister; If both houses cannot reach agreement, the selection of lower house will be selection of the Diet. Appointed by the Emperor; PM and Ministers of State must be civilians. Prime Minister appoints the Ministers of States and may dismiss them as he chooses.  The Cabinet The Cabinet has the Cabinet Office, 10 Ministries and other cabinet organs. It consists of the Prime Minister and about 17 Ministers of State (including Ministers without portfolio and the Chief Cabinet Secretary) They are collectively responsible to the Diet. If the House of Representatives passes a non-confidence resolution or rejects a confidence resolution the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten days.  The Cabinet Subsidiary Organs of the Cabinet: The Cabinet Secretariat The Cabinet Legislation Bureau The Security Council of Japan The National Personnel Authority The National Administrative Organs. 1 Office 10 Ministries 6-7 Commissions (e.g. National Public Safety Commission) 18-20 Agencies (e.g. Defense Agency)  The Prime Minister of Japan Most post-WWII Japanese Prime Ministers are LDP leaders (except 1993 - 1996 and 2009-2012) Junichiro Koizumi (2001-06) Six Prime Ministers since Koizumi Shinzō Abe (assumed the office 2006-07 and 2012-2020) Fumio Kishida (2021-2024)  Political Parties in Japan I Liberal Democratic Party (LDP) – ‘Neither Liberal nor Democratic’: non-ideological (patron-client networks) or conservative catch-all party – Apart from two brief intervals, the LDP has been in power since it was formed in 1955,. – Factional politics: every time it picks a new leader 7-8 internal factions vie for power: factionalism has been part of the party’s makeup since its founding Its Diet members are not always on the same political page and have formed factions to consolidate their views The factions are generally centered around powerful lawmakers considered possible candidates for LDP president. The factions have gone through minor splits and mergers over the years, but the core of each has remained effectively intact and has been handed down from one leader to another  Political Parties in Japan II After a series of major political scandals and the end of the miracle economy (economic stagnation), LDP lost control of Lower House in 1993. Since early 1990s, man new opposition parties emerged: Divided and in a constant state of flux for the past three decades Many of these ‘new parties’ are simply groupings of ex-LDP people For a brief 11-month period between 1993 and 1994, 7 opposition parties— including several formed by LDP dissidents—formed a government headed by LDP dissident Morihiro Hosokawa of the Japan New Party. In 1996, LDP regained a majority in Lower House; the main opposition is New Frontier Party After 1998, New Frontier Party dissolved and Democratic Party of Japan (DPJ) emerged as the main opposition party In 2017, the Constitutional Democratic Party of Japan (CDP) was split from DPJ CDP is considered the primary opposition party in Japan and is the second largest party in the National Diet behind the ruling LDP  Political Parties in Japan IV Japan Social Democratic Party (JSP) – “Japan Peace Party” – Used to be main opposition party before 1990s Japan Communist Party (JCP) – anti-emperor, anti-capitalism, anti-military and “less corrupt” Komeito (based on Tokyo) – Moderate conservative party (junior coalition partner of LDP) – Buddhist roots and “Pro-China” foreign policy standing Japanese Innovation Party – A conservative and right-wing populist party (based on Osaka) – Hawkish foreign policy  The Bureaucracy Heavy involvement in policymaking: – draft legislation – implementing or enforcing legislation Recruit the best of college graduates Civil Service System: “Prime Ministers come and go, but we are forever.” Those bureaucrats are survivors of a grueling education and testing process that necessarily began in early childhood. They are insulated from direct political pressure: tension between party leaders and bureaucrats. The Iron Triangle in American Bureaucracy The Iron Triangle in Japanese Politics bureaucrats big business career politicians (party leaders) executives  The Judiciary An independent branch (articles 76-82) Hierarchy: Supreme Court (1), High Courts (8), District Courts (50), and Summary Courts (438). In addition, there are Family Courts (50). The appointment of Supreme Court judges (15) are based on the consensus of the Cabinet. The Supreme Court has judicial review power. And it has always used it cautiously, avoiding any politically charged issues. A. the constitutionality of the Self-Defense Forces, B. the sponsorship of Shinto ceremonies by public authorities, or C. the authority of the Ministry of Education to determine the content of school textbooks The judges of high and district courts are nominated by the Supreme Court and appointed by Cabinet; the judges of Summary courts are selected by a special commission.  Local Governments Not a federal system: – local authority delegated by central government. – 47 prefectures governor and assembly – hundreds of municipalities city, district, town, village 2/3 of all government spending 1/3 of all tax revenues