Systems, Organizations and People for the Sustainable Democracy:

Thinking of democracy with reference to the case of Japan

KPI Congress of 2014

November 6, 2014

Masahiro HorieSenior Professor and Director

Executive Development Center for Global Leadership National Graduate Institute for Global Leadership (GRIPS)

1

Outline Introduction Systems of the Separation of Power and Democracy Vertical Separation of Power and Systems of Local Government and Democracy Horizontal Separation of Power and Organizations and Personnel System Reality of Separation of Power and Systems and Organizations for Democracy Democracy at Local Government Level The Election for the Houses of the Diet and the Democracy Merits and Demerits of Frequent Elections Bicameral System and the Roles and Functioning of the House of Councillors The Parliamentary Cabinet and the Functioning of the Diet Conditions for Appropriate Sustainable Democracy People in the Government General Public Mass Media Concluding Remarks

2

Introduction “Power tends to corrupt and absolute power corrupts absolutely.” (Acton) For the sustainable appropriate functioning of democracy, having systems is not 　　　 enough. There must be non-systemic conditions as well.

3

Systems of the Separation of Power and Democracy

　 Check and Balance of Power 　 Prevention of the Abuse of Power and Corruption 　 Democracy and Equal Rights and Opportunities for Everyone

Separation of Power

　 Vertical Separation of Power 　 Separation of Power between the Different Levels of Governments Horizontal Separation Power 　 Separation of Power within the same Level of Government

4

Separation of Power between the National Government and Local Government Unitary System

National Government and Local GovernmentFederal System

National Government, Sub-national Government, and Local Government Japanese Case Population 127 million Unitary System of Government Big Role of Local Governments=almost all areas except national defense

and diplomacy

(size of workforce) National Government 　　 0.64 million (full-time employees) Prefectural Governments 　 1.50 Municipal Governments 　 1.25

5

Government and Democracy at Local Level in Japan Prefectural Government (47) Chief executive =Governor directly elected by residents for 4 year term

(re-eligible) Assembly directly elected by residents for 4 year term

(re-eligible) Municipal (City, Town, Village) Government (1718) Chief Executive=Mayor directly elected by residents for 4 year term

(re-eligible) Assembly directly elected by residents for 4 year term

(re-eligible) “Direct Democracy” Systems at Local Government Level - elections of chief executives and members of local assemblies - petition for dissolution of local assembly - petition for removal of assembly members - petition for removal of chief executives - petition to enact (or revise or abolish) bye-laws - petition to audit local government activities - petition for audit and lawsuit Competition among Local Governments

6

Separation of Power at the National Government Level (Japanese Case) Legislative Power =The Diet The House of Representatives 480 members for 4 year term, elected directly by people 300 by the single seat constituency system 180 by the proportional representation system (11 regions) There is the dissolution system for the House of Representatives. The House of Councillors 242 members for 6 year term, elected directly by people 146 by the 1~5 seats constituency system (prefectural constituency) 96 by the nation-wide proportional representation system Election is held every three year for the half of members in each election. Executive Power =The Cabinet The Cabinet is composed of the Prime Minister and Ministers of State (18 ). Professional civil servants are recruited by difficult merit-based examinations. Judicial Power = The Judiciary=Court Supreme Court High Court (8) District Court (50) Family Court (50) Summary Court (438)*No special court such as the Constitution Court and the Administrative Court in Japan

7

Major Roles of the Diet The Constitution stipulates that the Diet shall be the highest organ of state power, and shall be the sole law-making organ of the Sate. - The Diet nominates the Prime Minister. - The House of Representatives can pass a no-confidence resolution or reject a confidence resolution against the Cabinet. - The Diet approves the appointment of certain officials such as the Governor of Japan and commissioners of important Commissions of the Government such the Board of

Audit, the National Personnel Authority and the National Public Safety Commission. - The Diet approves the conclusion of treaty. - The Diet decides on the budget submitted by the Cabinet. - The Diet conducts investigations in relation to government. - The Diet sets up the impeachment court and try those judges against whom removal

proceedings have been instituted.

8

Relationship between the Diet and the Cabinet - The Prime Minister shall be designated by the Diet from among the members of the

Diet. - Majority of the Ministers of Sate whom the Prime Minister appoints must be chosen

from among the members of the Diet. - The Cabinet, in the exercise of the executive power, shall be 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 10 days. - The Cabinet prepares the budget and presents it to the Diet. - The Prime Minister, representing the Cabinet, submits bills , reports on general national

affairs and foreign relations to the Diet.

9

Judiciary in Japan

- The Constitution requires that all judges shall be independent in the exercise of their conscience and shall be found only by the constitution and the laws.

- The Constitution stipulates that judges shall not be removed except by public impeachment unless declared mentally or physically incompetent to perform official duties and that no disciplinary action against judges shall be administered by any executive organ or agency,

- The Chief Justice of the Supreme Court is appointed by the Emperor as designated by the Cabinet and other Justices of the Supreme Court are appointed by the Cabinet.

- The Constitution requires that appointment of Justices of the Supreme Court shall be reviewed by the people at the time of the general election of the House of

Representatives.

- Judges of lower courts shall be appointed by the Cabinet from the list of persons nominated by the Supreme Court.

- Most judges are recruited from among those who passed the National Bar Examination There are also judges, very few, appointed from among experienced law professors.

- Judges are assumed as the brightest people and highly professional and regarded as people of cleanness and integrity. They are among the most respected in the Japanese society.

10

Safeguard Organizations against Corruption

Major Organizations to investigate specific cases and to prevent corruptions, including organizations contributing, through their activities, to prevent corruptions - The Public Prosecutors Office - Police at the National and Local Level - The Board of Audit - The National Public Service Ethics Board of the National Personnel Authority - The Administrative Evaluation Bureau - The Fair Trade Commission - Others

* Officials of these organizations are appointed through rigorous procedures and their status is protected against arbitrary, inappropriate intervention.

11

Reality of Separation of Power and Systems and Organization for Democracy (1)

Democracy at Local Government Level - Progress of decentralization 　 - Increasing importance of local government and administration

- Increasing interest and concerns of residents in local government affairs- Increasing use of “direct democracy” system

- Increasing competition among local governments

　 - Increasing participation of residents at various stages of local government and administration

“Local Autonomy as a School of Democracy” Practice of democracy not only in rural areas but in urban areas as well People consider, speak, listen, persuade, make a compromise and decide on the issues of common interests or concerns, and carry out (implement) their decision

12

Reality of Separation of Power and Systems and Organizations for Democracy (2) The Election for the Houses of the Diet and the Democracy

Results of the Elections of the House of Representatives (single seat constituency) 2005 (Sep) 2010 (Aug) 2012 (Dec) ratio of votes seats ratio of votes seats ratio of votes seats LDP 47.77% 219 38.68% 64 43.01% 237 DPJ 36.44 52 47.43 221 22.81 27 (total) (300) (300) (300)

(note) LDP=Liberal Democratic Party DPJ=Democratic Party of Japan

Results of the Elections of the House of Councillors (prefectural district constituency)　　　　　 2007 (July) 2010 (July) 2013 (July) ratio of votes seats ratio of votes seats ratio of votes seats LDP 31.35% 23 33.38% 39 42.74% 47 DPJ 40.45 40 38.97 28 16.29 10 (total) (73) (73) (73)

(note) 1~5 seats are allocated for each prefectural district constituency. 　 5 seats for 1 constituency, 4 seats for 2 constituencies, 3 seats for 3 constituencies, 2 seats for 10 constituencies, 1 seat for 31 constituencies Controversies on “the value of one vote” Controversies on election systems

13

Reality of Separation of Power and Systems and Organizations for Democracy (3) Merits and Demerits of Frequent Elections Various Arguments from various Viewpoints and Interests and Concerns Democracy and Opportunities for the People Responsiveness to the People Stability or Instability of Politics Time Frame of Perspective and Consideration Quality of Politicians

Quality of Government and Policies

14

Reality of Separation of Power and Systems and Organizations for Democracy (4) Bi-cameral System and Roles and Functions of the Second House, the House of

Councillors Objectives of the Bi-cameral System Roles and Functions of Two Houses The Methods of Selecting Members of Two Houses Composition of the Members of Two Houses The Reality Change of Election Systems and Compositions Change of Actual Functioning of the House of Councillors Controversies on the Necessity, Roles and Functions of the House of Councillors Irony of “the Twisted Diet”, the Divided Government -What happens under the situation of “the twisted Diet” in which the ruling

party (or coalition) is the minority in the House of Councillors while it has the majority in the House of Representatives?

-The criticism of “the politics which could not make a decision” and the criticism of “the politics which decides too much and too fast.”

15

Reality of Separation of Power and Systems and Organizations for Democracy (5)

The Parliamentary Cabinet and the Functioning of the Diet Expectations of the Parliamentary Cabinet System Strong Cabinet and Weak Diet, Strong Diet and Weak Cabinet ? How is the checking function exercised in the Parliamentary Cabinet System? How is the checking function exercised by members of ruling party (parties)? Importance of the role of opposition party (parties)

16

Conditions Necessary for Appropriate Sustainable Democracy Having systems and organizations is not enough. There must be conditions for the appropriate functioning of systems and organizations.

People in the GovernmentFull Understanding of the Importance of Democracy by the People in the Government is crucially important. Understanding the value of wisdom, energy and potentiality of the general public and peaceful use of them is crucial for the democratic

development of the society.

General Public Democracy is fostered and supported by the people. The existence of well-informed,

active citizens is a prerequisite for the sustainable democracy. Education and practice is important. Experiencing the democratic process to address issues constructively and to solve problems in peaceful manner is extremely meaningful.

Mass Media It is not easy for the general public to get necessary data and information

continuously. Mass media has important roles as a mirror, arena and actor in the society.

The high quality, pro-democracy, informative mass media continue to be the important infrastructure for appropriate sustainable democracy.

Public opinion poll regularly conducted by mass media is valuable in the democracy to ensure responsiveness and integrity of the government and political leaders. 17

Concluding Remarks

To construct an appropriate sustainable democracy is not an easy task, a long way to go.

We need to stand on our own feet and squarely face problems and challenges ahead of us.

But it is not an isolated effort. By experiencing, we can be confident. By exchanging ideas and opinions and knowing experiences of others, we can be wiser and more courageous to go forward.

18