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Gerald L. Curtis :: Now the parliament
that exists in Japan today, the so-called "Diet," was created
anew after the Second World War as a result of the adoption of a new
constitution. And, unlike the pre-war system, the new constitution is
unambiguous in making the Diet the supreme organ of state power.
Under the pre-war system, sovereignty rested not with the people, as
it does under the post-war system, but with the Emperor. And so the Diet
had responsibilities, had certain functions in the political system,
but it did not have real power. Real power rested, theoretically, with
the Emperor.
Now, under the post-war system, because the Diet is defined as the supreme
organ of state, of state power, it is theoretically the fountainhead
of all political power in Japan. So anything, all laws, have to be adopted
by the parliament, by the Diet.
So in theory the Diet has a central role to play in Japanese politics.
In fact, the Diet has not performed the roles that the constitution defines
for it. It is not the supreme organ of real power in Japan because the
institutions within the Diet, within the Japanese parliament, that are
so powerful in other countries are not powerful there.
For example, Japanese parliament has committees, just as we have in
the United States Congress. But in the U.S. Congress, committees are
very important. It's where legislation is drafted and then that legislation,
if it’s adopted by the committee, goes to the full House or the
full Senate for a vote. And if it’s adopted by the Senate and the
House, it then becomes a law.
But in Japan, the committees do not draft legislation, or draft very
little legislation. Most legislation in Japan is drafted by the bureaucracy
and then submitted to the parliament by the cabinet. And the committees
rarely even amend these bills, but simply vote them up or vote them down,
so that the center of policy-making in modern Japan tends to take place
not in the Diet, but in the bureaucracy. |