Subcommittee on Fundamental and Organizational Role of Politics (Third Meeting)

Thursday, April 11, 2002

Meeting Agenda

Matters concerning the fundamental and organizational role of politics

After a statement was heard from Prof. OISHI Makoto concerning the above matters, questions were put to him; this was followed by discussion among the members.

Informant

Members who put questions to Prof. OISHI


Main points of Prof. OISHI's statement

Introduction

>> Election law prescribes the organization and other aspects of a legislative organ which is very important in national politics; thus, in a practical sense, it forms part of constitutional law.

>> My statement will focus on the constitutional debate concerning the method of organization (election of members) of the two Houses of the Diet, seen from the viewpoint of the intent of the bicameral system.

1. Basic Approach

>> It is appropriate to maintain a bicameral system, as it is doubtful that the will of a diverse electorate can be condensed under a unicameral system.

>> To ensure that each House performs independent functions, thereby making the bicameral system more meaningful, the two Houses should, as far as possible, be organized on different principles.

2. The Constitution of Japan and the Ideal Form of the Bicameral System

>> The Constitution of Japan adopts a "bicameral system of a unicameral type" which recognizes the predominance of the House of Representatives.

>> The approach to the election system is "determination by law," i.e., the Constitution stipulates only the terms of office of members of both Houses and the requirements that elections be held for all the members of the Lower House at one time, and for half the members of the Upper House every three years; all other matters are to be fixed by law.

>> The form of elections for the two Houses can, in principle, be decided at the discretion of the Diet; however, it is necessary to devise a system whereby the interests and opinions of the people are reflected fairly and effectively in the administration. Also, in thinking about the electoral system, there is a need to distinguish between constitutional principles, which cannot be changed by legislation, and matters that can be determined by law.

3. Issues Concerning the Organization of the Two Houses

>> The existing Public Office Election Law lays down similar methods of organization for the two Houses, but I believe that this detracts from what the bicameral system is intended to achieve.

>> The constitutional principles governing the organization of the House of Representatives are that members be elected directly and on the basis of one person, one vote.

>> With regard to the organization of the House of Councillors, the important point is to ensure that its expected role, namely, acting as a moderating influence on the dynamism of the House of Representatives, is reflected in the election system.

>> With regard to the election of members of the House of Councillors, I agree with the theory that an indirect system is also possible, and with the theory that, even under a direct election system, a one-person one-vote system is not required.

4. The Role of the Upper House (Matters Requiring Constitutional Revision)

>> The requirements for repassage of a bill by the Lower House should be relaxed; in addition, only the Lower House should have the right to designate the Prime Minister. Further, the system of Diet sessions and the related principle of not carrying bills over to the next session should be reviewed, and a system of "legislative assembly term" (elective office term) should be adopted.

5. Lowering the Voting Age to Eighteen, and Joint Conference Committee

>> Because many eighteen-year-olds already work and pay taxes, they should be granted the right to vote.

>> Issues that apply to both Houses, such as those concerning the bicameral system, should be discussed in a joint conference committee of the Research Commissions on the Constitution of the two Houses.


Main points of questions and comments to Prof. OISHI

OKUNO Seisuke (Liberal Democratic Party)

>> In my view, if the bicameral system is to be meaningful, the two Houses should be different in composition, among other aspects. The type of election system adopted for each House is important in achieving this. If elections for the Upper House were held under an indirect system, is there an effective method by which to elect appropriate persons?

>> In the Lower House elections, because candidates are allowed to run concurrently in both single-seat and proportional representation electorates, a candidate may lose in the former but be elected in the latter. I believe that if the election system does not make sense to the public, it leads to a loss of trust. What are your views in this regard?


MATSUZAWA Shigefumi (Democratic Party of Japan and Club of Independents)

>> Was there a historical background in Japan that made the bicameral system have a positive meaning, as in Britain and the United States?

>> I think that the Constitution should state explicitly that the disparity in the weight of a single vote should not exceed a factor of two. I would like to hear your views on this point.

>> When Diet members discuss the electoral system, the debate tends to be reduced to partisanship. If a proposal were decided on by a neutral public body and then presented to the Diet for approval, would that not enable us to realize a fair system?


SAITO Tetsuo (New Komeito)

>> You stated that the Constitution of Japan adopts the approach that the election system is to be determined by law, but that there is a need to distinguish constitutional principles which cannot be altered by legislation. Where do you think the boundary line lies between the constitutional principles and the scope of legislature's discretionary powers?

>> How do you evaluate the present electoral systems of the two Houses from the viewpoint of the dual role of elections, namely, reflecting and condensing the will of the people?

>> In the Upper House elections, it seems to me that there is no readily identifiable organizing principle in the number of seats per constituency, which varies widely. I would like to hear your views on this point.

>> For elections to the Lower House, the New Komeito has proposed a medium-sized constituency consisting of 150 constituencies with three seats each, in order to reduce the total number of seats and to correct disparities in the weight of a single vote. How do you evaluate this proposal?


FUJISHIMA Masayuki (Liberal Party)

>> In these times of rapid change, rather than giving the Upper House similar powers to those of the Lower House and conducting the deliberative process twice over, I think that we should establish distinct roles for the two Houses, with the Upper House acting as a moderating influence on the Lower House's "dynamism." What are your views on this point?

>> I would like to hear your views regarding the ideal form of party politics.


YAMAGUCHI Tomio (Japanese Communist Party)

>> I believe that universal suffrage, one-person one-vote, and the secret ballot are constitutional principles that are prescribed rigorously and explicitly in the Constitution. I would like to hear your views on this point.

>> From the viewpoint of constitutional principles, what do you think of the fact that there is a more than 2.5-fold disparity in the value of a single vote in elections to the Lower House?

>> You stated that the right to vote should be granted at eighteen, because people pay taxes before they reach the age of twenty. Do you consider that this is also called for by the requirements of the Constitution?


KANEKO Tetsuo (Social Democratic Party)

>> I believe that holding simultaneous elections for both Houses is problematic from a constitutional point of view. Among other problems, it prevents the full realization of the intent of the bicameral system, as similar electoral systems have been adopted for the two Houses and thus virtually the same results are obtained in both. What is your view of this?

>> I believe that there is a problem in terms of reflecting the popular will when, as in the case of the set of emergency laws being debated in the current session of the Diet, a matter is not raised as an election issue and no public commitments are made during the election campaign, but after the election it is brought up for debate as a policy of national importance. What is your view in this regard?


INOUE Kiichi (New Conservative Party)

>> Unlike yourself, I am skeptical as to the usefulness of the bicameral system. I can understand its advantages in theory, but how often have its special features been fully realized in practice, in Japan or in Western nations?

>> At present, a combined system of single-seat constituencies and proportional representation is used in elections for the House of Representatives, but it seems that Japan does not yet have the groundwork in place for a single-seat constituency system to operate in a way that fully realizes its original intent, namely, putting forward candidates who have been carefully selected by each party to be judged by the voters. For example, sometimes those who lose during their party's internal selection process do not go around supporting the chosen candidate. Given these conditions, what do you think is the election system best suited to Japan?


NAKAYAMA Masaaki (Liberal Democratic Party)

>> I serve as chairman of the Liberal Democratic Party's Research Commission on the Election System, where we are presently seeking to draw up a blueprint for the ideal election system (including a possible return to a medium-sized constituency system), while taking geographical conditions and various other factors into account. By geographical conditions, I mean, for example, the fact that Japan has many islands, and the fact that the majority of the population is concentrated in the Pacific coastal belt. If you can offer any good advice, I would very much like to hear it.


BANNO Yutaka (Democratic Party of Japan and Club of Independents)

>> One advantage of the bicameral system is that it ensures a second examination, that is to say, conducting deliberations twice on the same matter can act as a check. What are your views on this point?

>> What form should elections for the House of Councillors take?

>> I would like to hear your views on a system of popular election of the Prime Minister.

>> On an issue related to politics and the election system, what are your views on how to create an election system compatible with the proper role of media coverage and the newly available technology?

>> You have stated your view that the right to vote should be granted at eighteen, but what do you think should be the minimum age for electoral candidates?


ITO Tatsuya (Liberal Democratic Party)

>> In thinking about the ideal form of the Constitution for the future, I believe that popular election of the Prime Minister would be effective in terms of the self-realization and self-government of the people, with whom sovereignty resides. I would like to hear your views on the possibility of introducing popular election of the Prime Minister under a parliamentary cabinet system, and on how its introduction would affect the bicameral system.

>> I think that it is a given that further progress must be made in party politics, but I would like to hear your evaluation of party politics today and your view of the ideal form of a political party.


Main points of comments made by members of the Subcommittee (in order of presentation)

FUJISHIMA Masayuki (Liberal Party)

>> In my view, last year's reforms of the Upper House election system were determined by the interests of the Liberal Democratic Party. I would like to hear Mr. Nakayama's views on this point.

> NAKAYAMA Taro, Chairman of the Commission

>> In a party-political system, will not the structure of the election system always be determined in a way that favors the party then in the majority? As to whether the will of the people is being reflected as a result of the election reforms, I think this needs to be verified over time.

> FUJISHIMA Masayuki (Liberal Party)

>> I think that history will evaluate the results of the actual election reforms, but is it not true that the public is dissatisfied with the recent reforms?


YAMAGUCHI Tomio (Japanese Communist Party)

>> The first thing that should be done is to reform Japan's bicameral system in line with the provisions of the present Constitution.

>> Japan has more voters per parliamentary seat than many other countries, and I believe that this weakens the significance of Japan's Diet members as representatives of the people. I think that we should take such a difference into account in studying the system.


KANEKO Tetsuo (Social Democratic Party)

>> As a question of more fundamental importance than the electoral system, the low turnout of voters needs to be examined.

>> The fact that important national issues are not always contested during election campaigns is problematic in terms of reflecting the popular will.


NAKANO Kansei, Deputy Chairman of the Commission

>> I think that no election system is perfect.

>> With regard to setting the voting age at eighteen, we should act quickly. Also, the minimum age for candidates is 25 for the House of Representatives and prefectural and local assemblies, and 30 for the House of Councillors and the offices of mayor and prefectural governor. This difference of five years is meaningless; both should be set at 25.

>> To avoid system fatigue, we should conduct a complete review of the election system about every ten to twenty years. In doing so, however, we need to ensure that the election systems of the two Houses are different.


SHIMA Satoshi (Democratic Party of Japan and Club of Independents)

>> I believe that we should aim for a bicameral system that can express the will of the people through elections.

>> Article 96 specifies that a concurring vote of two-thirds or more of all the members of each House is necessary in order to initiate an amendment to the Constitution, but I would argue that there is no need to impose the same condition on both Houses. Also, I believe that the failure to enact a law concerning the referendum required to amend the Constitution is a case of "legislative nonfeasance."


SAITO Tetsuo (New Komeito)

>> Listening to Professor Oishi's statement and answers to questions, I gained the understanding that the existing Constitution provides for the election system by setting general limits. Personally, I believe that there is also a need to prescribe the specific contents of the election system in the Constitution.

>> I also came to realize that, in terms of population ratios, the number of members of parliament in Japan is certainly not large compared with other countries.


NAKAYAMA Taro, Chairman of the Commission

>> With regard to the election system for the House of Councillors, I recognize that while the former "national constituency" placed great demands on candidates because the whole country was their constituency, it was also meaningful, as it enabled them to come in contact with public opinion in all parts of Japan and thus to develop an awareness of the country as a whole.