Strengthening the Legitimacy of Representative Democracy: Public Participation, Bipartisan Floor Bills and Plenary Deliberations in the Japanese Diet

摘要

It is argued that parliamentary legislation in Japan has become the almost exclusive playing field of the bureaucracy, who acts on behalf of the executive, and party councils. Moreover bureaucrats bypass the legislative Diet process by making rules themselves. This is problematic because it is the lawmakers who are directly held accountable by voters for the enacted legislation risking to be eventually voted out of office. It is suggested that under the given circumstances of strict party discipline, drafting of bills by the bureaucracy and endorsement by party councils, the formal majority rule alone is not sufficient to justify legislative outcomes. The legitimacy factor is introduced to verify in how far individual lawmakers are enabled to initiate and draft floor bills by themselves, discuss bill contents in plenary deliberations and get the public opinion involved. The article attempts to demonstrate that bipartisan floor bills reflect the quest for parliamentary legitimacy and equality among lawmakers across party boundaries. It is suggested that the more legislators participate in drafting and discussing a bill the more legitimate the outcome becomes. The paper screens to this effect several bipartisan bills submitted to the Diet of Japan. Bills such as the NPO law, the law to ratify the Rome Statute for the accession to the ICC, the law to prevent suicide and the law to implement internet filters to protect children are the result of cooperation among lawmakers trying to constrain the interference of the executive or of the powerful bureaucracy. The participation of non-parliamentary agents taking an active part in the legislative process has enhanced the dynamics of representative democracy as well. In the decades of radical ideological confrontation in the 1950s, 60s, and 70s the majority rule risked to become an instrument of coercion. The opposition was compelled to resort to anti-parliamentary obstructionist tactics to derail majority legislation that was rammed through parliament without sufficient plenary deliberation and without taking into account the concerns or viewpoints of the minority. Obstructionism decreased with the LDP co-optation of opposition parties to government responsibility in the 1990s. Opposition for the sake of opposition (communists, DPJ until 2006) and governing for the sake of governing (SDPJ, Komei) have not been honored by the voters. After 2007 the DPJ started to refocus its policies more on ideological differentiation and managed to beat the LDP in the 2009 elections. Recently the work of the Diet has been increasingly put under the scrutiny of international NGOs and legislatures abroad. The unresolved controversial comfort women issue suggests that omission to pass appropriate and timely reconciliatory legislation can cause a serious loss of parliamentary institutional esteem and respect.