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

Thursday, November 14, 2002

Meeting Agenda

Matters concerning the fundamental and organizational role of politics

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

Informant

  • TAKADA Atsushi, Associate Professor, Faculty of Integrated Human Studies, Kyoto University

Members who put questions to Prof. TAKADA

Main points of Prof. TAKADA's statement

Introduction

>> There is currently strong criticism of political parties in Japan, but political parties are an essential component of constitutional governments. In Japan, there is a need to actively build up the foundations that support the significance of political parties' existence.

1. Constitutional Theory regarding Political Parties

>> Most constitutional theorists positively approve diversity overall, with the exception of Carl Schmidt, who believes that diversity is harmful. Hans Kelsen and Hermann Heller respect diversity. James Madison and Hannah Arendt believe that diversity should be given greater significance. Political parties are based on this principle of diversity, and have a solid theoretical foundation as an indispensable presence that brings rationality to the democratic system.

2. Constitutional (Social Science) Aspects of Political Parties

A. Social Science Perspective on the Democratic System

>> From a social science perspective, democracy is understood as a comprehensive multi-stage system for (a) identifying and addressing points of dispute via political communication, (b) forming and presenting choices, (c) arriving at tentative decisions, and (d) accepting these decisions.   

B. Function of Political Parties in Achieving Prerequisites to Democracy 
>> Political parties play a decisive role at each stage of democratic system development in realizing the essential prerequisites to democracy, for example, by (a) recruiting and fostering the growth of political leadership candidates, (b) drafting political policies, and (c) providing choices to the electorate. 

C. Three-stage Model of the Development of Political Parties within a Democratic System 
>> Stage 1 (party democracy establishment period): Political parties of legislators (the legislators are from the landowner and bourgeois class); a society in which nearly 50% of the working population is engaged in primary industry.
>> Stage 2 (era of organized parties): Organized mass parties; a society in which nearly 40% of the working population is still engaged in primary industry.
>> Stage 3 (post-industrial society): Organized mass parties are shaken; a society in which more than 50% of the working population is engaged in tertiary industry.  

D. Universal Issues under the Stage 3 of the Democratic System Development Model
>> At the third stage of development, as society and "individuals" become more complex and "fragmented," it becomes increasingly difficult for the political parties to reflect the political opinions of each class of citizens via political communication, and the number of parties catering to special interest groups becomes comparatively large. To function appropriately under these conditions, it becomes critical for political parties and the political system to have sufficient complexity and to be sufficiently fragmented. Additionally, as factors where Japan is lacking, it becomes necessary to focus on the importance of the openness and transparency of political parties.

3. Significance of Legislation Related to Political Parties

A. Political Party Legislation in Japan and Germany after World War II

>> Following World War II, Germany established provisions in its constitution that place certain restrictions on political parties, such as mandating democratic procedures in internal party matters, based on the national experience whereby organized mass parties had destroyed the very foundations of party democracy. Simultaneously, the nation built up "people's parties" by legislating special privileges such as political party subsidies. In contrast, Japan still faced many factors that obstructed the development of party democracy. The Japanese constitution gave complete freedom to political parties based on the concept of "freedom of assembly," and the nation addressed individual areas through legislation such as the Public Offices Election Law.
 

B. Political Reform

>> Japan implemented "political reform" during the 1990s by adopting an electoral system that gave greater emphasis to political parties and their platforms, and which was aimed at facilitating changes in administrations from one party to another. However, this "political reform" was an inappropriate prescription for Japanese politics because, for example, (a) it provided existing political parties with subsidies and other special privileges without imposing any strong restrictions, such as obligating the parties to follow democratic procedures in their internal party matters, and (b) it represented the introduction of a political system that required the prior development of second-stage organized mass parties into Japan, which objectively may be said to have entered its third stage of development without having built up organized mass parties during its second-stage development.
 

C. Hints for Appropriate Political Party Legislation for Contemporary Japanese Society

>> In Germany, there has been criticism that the provision of subsidies and other special privileges to political parties has effectively "fortified" the existing parties and obstructed the influx of new political forces. The system is being rectified in various ways. The German Federal Constitutional Court has ruled that certain aspects of the original subsidy regulations were unconstitutional and that political subsidies may not exceed 50% of a party's political funds. Some have proposed a "citizens' bonus system" whereby the future of political party subsidies would be determined by the voters. Other issues include reinforcing democracy and decentralizing authority within political parties. 
 

D. Areas that can be Addressed by Law

>> The areas that can be addressed by law include (a) removing the barriers that political parties face in discovering and fostering the growth of human resources, and (b) ensuring political party openness and transparency.

4. The Constitution and Political Party Legislation

>> The legal system governing political parties in Japan could be revised within the framework of the existing Constitution. Such political party legislation must be approached prudently because it effectively sets the rules for the political process. Specifically, there are dangers that legislators will abuse the system by (a) making it disadvantageous to minority political parties, (b) monopolizing politics by forming cartels, or (c) arbitrarily increasing political party subsidies. Moreover, because the courts play the main role in preventing the abuse of political party legislation, the effects of court rulings on constitutionality should also be carefully considered.

>> Creating constitutional provisions to govern political parties is extremely difficult. If the stipulations are merely declaratory, they might actually wind up weakening judicial control over political party legislation, and this would be inappropriate. However, excessively detailed stipulations on associations, public interest groups, political parties and other bodies would run counter to the fundamental principle that constitutional stipulations should be simple and concise.

Main points of questions and comments to Prof. TAKADA

NAKAYAMA Masaaki (Liberal Democratic Party)

>> As demonstrated by the Seventeen-Article Constitution promulgated by Prince Shotoku, since ancient times the Japanese people have treasured the proverb "Harmony is to be valued." Isn't it important to remember this in our discussions of the contemporary political party system?

>> I would like to hear your thoughts as to how we should oppose the infiltration of fear and violence into politics.

>> I would like to hear your views on how political party legislation should be created in order to position political parties in Japanese democracy, given the brief history of political parties in this country.
 

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

>> Prof. TAKADA stated that political parties are based on the principle of political diversity and are an essential element of democratic systems. I believe this implies that the requirements for establishing political parties must be lenient. In this case, how should we ensure the credibility of political parties?

>> Prof. TAKADA stated that contemporary society is becoming "fragmented" with no majority group but just a collection of minorities, and that individuals are also becoming "fragmented" as a multi-layered presence with diverse aspects. What is the best electoral system for the House of Representatives under such conditions?

>> When you spoke about removing the barriers that political parties face in discovering and fostering the growth of their human resources, do you envision measures such as a system whereby salaried employees who run for office and lose would be able to return to the positions they held before resigning to stand for election?

>> Germany has revised its constitution dozens of times since the end of World War II, while Japan has not revised its present Constitution even once. How do you evaluate the debate on revising the constitution in Japan compared with that in Germany?
 

SAITO Tetsuo (New Komeito)

>> I do not believe that Japanese voters necessarily support the development of "people's parties" that would be supported by all citizens. What is your opinion about the relationship between orientation toward such "people's parties" and public distrust of politics?

>> I believe that political parties function to demonstrate the will of the people in an integrated format, and that elections function to collectively express the diverse will of the people. What is your opinion regarding the relationship between elections and political parties as reflections of the will of the people?
 

FUJISHIMA Masayuki (Liberal Party)

>> What does "the modernization of political parties" mean, and which countries do you view as implementing ideal political party governance?

>> Some believe that Japan should aim at establishing a system with two main political parties. What is your opinion?

>> Under Japan's current election system, candidates who lose their bids in single-seat constituencies can still be elected by proportional representation. I think this is odd for an electoral system. What is your opinion?

>> What is your opinion regarding political parties and internal party factions?

>> What is your opinion regarding the relationship between party-mandated binding votes and the freedom of Diet members?
 

HARUNA Naoaki (Japanese Communist Party)

>> Under the Japanese constitution political parties have been assembled tacitly based on the right of freedom of association, while under the German constitution political parties are essentially components of the state. In Japan, we also have the problems posed by the non-party issue of special-interest politics. Considering all this, what is your basic understanding regarding the relationship between constitutions and political parties?

>> I think that portions of Japan's political reform of 1994 have unconstitutional aspects. You also suggested that this Japanese political reform adopted only the best aspects of Germany's system. Could you explain this in greater detail?

>> What is your opinion regarding the German Federal Constitutional Court's ruling that political party subsidies in excess of 50% of a party's political funds are unconstitutional?

>> Corporate and business association donations to political parties have become a hotbed of special-interest politics. I believe that such donations should be completely banned based on the logic that enterprises and associations do not have the right to vote. What do you think about this? Also, I believe that the regulations governing money and politics should be very precisely stipulated because these are the most important rules for a democratic system. Do you agree?
 

KANEKO Tetsuo (Social Democratic Party)

>> You said that the party-mandated binding votes enforced on legislators should be eased in the future, but I think that legislators who gain office under the proportional representation system should follow their party lines, precisely because they are elected by votes cast for their parties. Don't you think there is some problem when legislators with proportional representation seats take political actions that contradict their parties' policies?

>> While political parties are essential for democracy, how do you think the role of political parties should change amid the growing diversification of the will of the people? Also, under these conditions, what sort of measures do you think are necessary to increase voter turnout?
 

MATSUNAMI Kenshiro (New Conservative Party)

>> Do you think that the freedom of association guaranteed by Article 21 of the Constitution alone provides fully sufficient grounds for the existence of political parties? Don't you think that the issue of parties should be explicitly addressed by the constitution because the parliamentary cabinet system is, in fact, government through political parties?

>> Article 42 of the Constitution stipulates a bicameral system, but should we not eventually switch to a unicameral system, assuming the further maturation of political parties? And if we do retain a bicameral system, I think that the functions of the two houses should be split by, for example, changing the House of Councillors into a vocational representation body. What is your opinion?

>> Some argue that the present electoral system for the House of Representatives Members, which combines single-seat electorates with proportional representation, is unconstitutional. I would like to hear your views regarding this.
 

FUKUI Teru (Liberal Democratic Party)

>> From my election campaign, I felt that individual citizens have a desire to aggregate their lives into a national vision, and I was elected based on an appeal to realizing this type of politics. From this perspective, I felt that the dialog between "parts" and "the whole," as mentioned in your statement, is important, but I doubt that the present composition and activities of the Diet really reflect this type of dialog. What do you think about my interpretation of the will of the people? Additionally, I believe that in practice elections are largely emotional, and that the results of such emotional elections are reflected in actual politics. What should the people do to make the administration of the state more logical?
 

SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)

>> I believe that structural problems with the Constitution constitute one of the main causes of the institutional fatigue presently affecting Japanese politics and government administration. The Constitution does not clearly state what "formation of political power" means. I think the Constitution should explicitly state that under the parliamentary cabinet system the Diet creates political power and that the burden of this authority is borne, in essence, by political parties. What is your opinion about this?

>> While the function of the Diet and political parties in identifying and addressing points of dispute is clearly important, there is a problem in the emerging age of "media politics" or "theater politics" whereby the media does not report on Diet activities even though the Diet is properly carrying out its mandate to engage in political debate. On the other hand, a certain "public consensus" is being formed based on gossip talk shows and other television programs. What do you think we should do about this issue of the media and addressing points of dispute?  

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

OKUNO Seisuke (Liberal Democratic Party)

>> Japan's present Constitution was drafted after the end of World War II in accordance with the United States' policy for the management of Japan. Accordingly, rather than conducting debates based on the existing Constitution, I think our main perspective for these discussions should be the ideal future for the nation. Also, considering that the domestic social conditions and the global conditions surrounding Japan are certain to change over time, I think that the Constitution, like the Meiji Constitution, should be as concise and flexible as possible.

>> Our present electoral system was designed as a policy-based electoral system to minimize the influence of money, but amid the kaleidoscopic changes now taking place in Japanese political parties it has become difficult for the voters to chose their parties. I think it is better just to have the voters chose their representatives as individuals.

>> You stated that the party-mandated binding votes enforced on legislators should be eased in the future, but political parties are bodies formed for the very purpose of implementing party policies, and from this perspective I think that, in principle, party-mandated binding votes should be enforced.

HARUNA Naoaki (Japanese Communist Party)

>> Your presentation reminded me of the large presence of political parties in the democratic system. Japan's present political party legislation, including the Political Party Subsidization Law enacted along with the political reform of 1994, needs to be carefully reviewed taking into consideration that (a) some of the legislation has become unconstitutional, and (b) the system has adopted only the best aspects of the German system as suggested by Prof. TAKADA. I would like to add that the influence of money on politics is a grave problem that threatens the sovereignty of the people, and must be addressed head on.

>> I think that the Research Commission on the Constitution needs to deepen its debate on the relationship between the Constitution and political parties.
 

SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)

>> Under a parliamentary cabinet system, political power should properly be unified under the ruling party and the cabinet. In Japan, however, there has been a bifurcation of power between the ruling party and the cabinet to date whereby the ruling party has had greater power than the government administration, and it has generally been believed that this split of power is actually preferable. The split between the ruling party and the cabinet has intensified since the inauguration of the Koizumi administration, and this has highlighted the contradictions inherent in the Japanese-style parliamentary cabinet system.

>> In Japanese elections today the candidates generally make campaign pledges that are unclear or that have a minimal probability of being achieved, and this is leading to distrust of political parties among the electorate. To eliminate this distrust, I think that we need a national debate to consider the relationships among elections, political parties and political power together with the citizens.

>> Considering Israel's failed system for directly electing the prime minister, I think Japan has no choice but to maintain the present parliamentary cabinet system.
 

OKUNO Seisuke (Liberal Democratic Party)

>> I think the issue of internal party procedures, including how political parties select their leaders, is now becoming extremely important.