AMPONTAN

Japan from the inside out

Ram jam city

Posted by ampontan on Sunday, May 4, 2008

EVERY ONE of the following statements that appeared in recent news articles is incorrect.

Reuters, 2 May

In a poll carried out after the government rammed a bill through parliament reinstating the gasoline tax from May 1…

Bloomberg, 2 May

Japanese Prime Minister Yasuo Fukuda’s ruling coalition pushed through revenue bills that will reinstate a gasoline tax…

AFP 2 May

Fukuda, concerned about a budget shortfall, rammed through parliament bills to reimpose a petrol tax that had expired, under pressure from the opposition.

Radio Australia 2 May

The bill which was rammed through parliament reinstates the 24 US cent tax. (sic)

The only way anyone can state that the bills were “rammed through” the Diet is if one is under the impression that minority parties in a parliamentary chamber should be encouraged to sign off on any legislation they oppose before it can be passed.

It’s as if these news outlets think the democratic deal is for all legislators to hold up their identification badges and vote in a display of unity for whatever idea the Great Man happens to be peddling at the time. That’s standard operating procedure in North Korea, and was in Saddam Hussein’s Iraq and the Soviet Politburo. But some in the news media seem not to have noticed that’s not how it works in a modern democracy.

American Presidents can veto legislation they don’t care for, but if the Congress insists, it can override that veto with a two-thirds vote, and the bill becomes law. When a veto is overridden there, however, no one talks about how Congress “rammed the bill through”. The New York Times, an unrelenting opponent of the President, dealt with an override of a Bush veto this way.

Here’s the deal: If Japan’s upper house rejects a bill passed by the lower house, or ignores it for 60 days (which is what happened in this instance), the lower house can pass the bill a second time with a two-thirds majority of the members present, and it becomes law.

It’s all right there in the Constitution.

So what the ruling Liberal-Democratic Party did was simply follow Constitutional procedures. They reintroduced the bill into the lower house and passed it on a straight up-or-down vote.

No one in the opposition was locked out of the chamber, stripped of their credentials, had the safety of their family threatened, had their genitals taped to electrodes, or was taken outside and shot.

Of course they got all hot and bothered, but it’s a bit rich to complain about constitutionally correct behavior–particularly if the legislator who would complain is one who supports the policy of “defending the Constitution” to prevent the amendment of Article 9, the so-called Peace Clause.

Perhaps for some folks constitutional law is like a restaurant menu.

Now, this does not mean that anyone has to like the legislation or the fact that the tax was restored in this manner (and most Japanese voters don’t). And you can be sure the opposition will try to win votes in the next election by reminding the voters of LDP behavior (and they are sure to win some.)

But it was a simple legislative procedure. No one was strong-armed and no one is torching Toyotas in the streets.

What is does mean, however, is that the print and broadcast media would rather titillate their consumers rather than stick to reporting the facts and nothing but the facts in a news report, and leaving their Hemingway imitations for the op-ed page.

Here it is again: If your knowledge of Japan is derived from what you see, read, or hear in the Western media, then everything you know is wrong.

3 Responses to “Ram jam city”

  1. Janne Says:

    A few points: Bush has used his veto. LDP leadership members have questioned the morality and constitutionality of having the upper house vote against LDP bills. “Ramming through” does capture the degree of insistence conveyed by using the supermajority rule. Those points are not important.

    What is important (I’ve posted it here) is that unless a political miracle would happen, LDP is looking forward to several years of a divided Diet with no supermajority override available, no later than from next year. And “ramming through” a bill, ignoring the oppositions views, and calling their protests illoyal, is not the best way to foster the sense of cooperation and give-and-take that will be completely necessary for LDP to be anything but a lame duck for the next four years.

    Yes, using the supermajority override instead of trying for a compromise bill is constitutional. But so is voting down every bill coming by in the upper house just because you didn’t like being treated like dirt the previous legislative session. “constitutional” is not the same thing as “good idea”.

  2. ampontan Says:

    Janne: Thanks, I corrected the Bush part. He did, however, break a 200 year old record for the longest time in office without using one.

    …ignoring the oppositions views, and calling their protests illoyal, is not the best way to foster the sense of cooperation and give-and-take that will be completely necessary for LDP to be anything but a lame duck for the next four years.

    Who ignored whom? The opposition refused to discuss it. They had a chance to discuss it after the compromise worked out by the two chamber heads, but they didn’t want to. They would rather create a political crisis.

    They didn’t even take it up in the upper house, modify it, and send it back. They just ignored it. They didn’t even submit a workable plan of their own. Prefectural budgets are set. 8% of Iwate’s budget comes from this financing. What are they supposed to do just because the DPJ wants to grandstand?

    That’s exactly what they did with the Indian Ocean refueling bill, too.

    You’re not going to find much sympathy with that approach around here.

    The DPJ is capable of bargaining with the LDP when it wants to. It bargained with them to modify the bill for establishing a national referendum for a Constitutional amendment during the Abe administration. They got the LDP to lower the voting age for the referendum to 18.

    They wanted a whole bunch of other stuff, too, some unrelated, but the LDP found that unacceptable, cut off debate, and passed the bill.

    The overseas press said they “rammed that through” too.

    BTW, Mr. Fukuda’s modifications to put the tax receipts into the general account doesn’t strike me as ignoring the opposition’s objections.

    so is voting down every bill coming by in the upper house just because you didn’t like being treated like dirt the previous legislative session

    Sorry, but you lost me here. Do you mean the LDP or the DPJ?

    What is important…is that unless a political miracle would happen, LDP is looking forward to several years of a divided Diet with no supermajority override available, no later than from next year.

    Well, that won’t be news to anyone who reads this site…

    That’s why I’ve been keeping an eye on Mr. Koizumi and political realignment this year…

    BTW, I’ve got two longer gas tax posts in the pipeline.

  3. Bender Says:

    I think the foreign media picked up the expression from the Japanese press. They often call it Kyoko-saiketu, and are quite critical from that happening.

    It is of course legitimate to override San-giin’s veto, so I don’t quite understand the fuss. Two-thirds super-majority is A LOT. Maybe the “consensus-society” mindset is coming into play or maybe because it’s usually the controversial bills that get vetoed by the San-giin. Anyways, the Japanese political scene today is like a zoo…

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