tag:blogger.com,1999:blog-6714063.post2384094880540367531..comments2023-10-09T00:45:55.603+09:00Comments on Shisaku: On Electoral Reform and the Possibility of Constitutional CrisisMTChttp://www.blogger.com/profile/04626942240117432624noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-6714063.post-43717101873977464342012-02-11T02:53:39.004+09:002012-02-11T02:53:39.004+09:00Good point, but not completely theoretical. Not al...Good point, but not completely theoretical. Not all rulings have been ex post facto, the 1983 elections were held after the SC had ruled the electoral districts unconstitutional, but went ahead anyways. <br /><br />Not only that, the Diet still didn't do anything so in 1985 the SC ruled it 「違憲」, which is a different ruling from 83 or 2003 for that matter, since that was 「違憲状態」. In a concurring opinion for the 1985 verdict, 5 justices pointed out that the SC had the power to invalidate elections if necessary.<br /> The actual language is <br />"it is not impossible for the Court to rule that the effect of the decision declaring the election invalid will come about after a certain period of time, if it is not appropriate to make the election invalid at once"<br /> The Judgement can be read here.<br />http://www.courts.go.jp/hanrei/pdf/js_20100319121113870396.pdf <br />(JA)<br /><br />http://www.courts.go.jp/english/judgments/text/1985.07.17-1984-Gyo-Tsu-No.339.html<br /> (EN)<br /><br /> you can compare it to the language of the 2011 judgement.<br /><br />http://www.courts.go.jp/english/judgments/text/2011.03.23-2010.-Gyo-Tsu-.No..207.html <br />(EN)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6714063.post-73785081652210783672012-02-10T16:08:42.151+09:002012-02-10T16:08:42.151+09:00I'm sure nobody wants the process to break dow...I'm sure nobody wants the process to break down. But it's all too easy for it to do so by accident - through brinkmanship, misread intentions, personal animosities and so on. Precisely because they know nobody wants the process to fail, people may try to push that bit extra for their own pet feature and end up with without any timely reform at all.<br /><br />I think it is worth spending a bit of time thinking about what would happen.Jan Morenhttps://www.blogger.com/profile/06834641501438709866noreply@blogger.comtag:blogger.com,1999:blog-6714063.post-56299548173662898542012-02-09T11:56:54.611+09:002012-02-09T11:56:54.611+09:00To follow up MTC's comment to Jan - I think th...To follow up MTC's comment to Jan - I think the government in the broadest snese would want to avoid putting the Supreme Court in such a situation - it might spur people to demand that the government takes the Supreme Court's rulings seriously and demand constitutional reform, and that would probably strengthen the judiciaries strength vis-a-vis the executive and legislative branches. Right now the Japanese Supreme Court seems to be happy to provide "guidance" to the other two branches. I don't necessarily think that would be a bad thing, personally, but I am sure the bureaucrats and MPs would rather not tempt fate.sigma1http://www.sigma1.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-6714063.post-22448085886453684122012-02-09T11:51:54.474+09:002012-02-09T11:51:54.474+09:00Excellent analysis. Good point too about the previ...Excellent analysis. Good point too about the previous rulings being after the fact. Ultimately it falls on the opposition if any deal fails to be implemented. It should be pretty easy for the DPJ to put the blame on the LDP as an enabler of unconstitutional government practice. <br /><br />A thought though based on some not guaranteed assumptions- is it not likely the new system will also advantage any regional party alliance (with YP chucked in)? I would assume that without too many well known faces they would struggle in constituency seats, but might do decently well on the PR vote - the renyosei is designed exactly for these kinds of parties. For example if they got 20% of the PR vote but only managed to win 30 constituency seats out of 300, in Nagoya/Kansai etc perhaps. Under the current 480 seat system they would get 65 seats. Under the new system they would get a bit more than that, but only out of 400. Same would apply to New Komeito but In both cases the regional party would be the casting vote, but I suspect it is only in the former current case that the New Komeito could be the casting vote (assuming one of the major parties won 30% of the PR vote and 150 constituency seats). Maybe 20% is unrealistic, but then again YP got 13% in the HOC for doing nothing. They might all just agree to go with the LDP solution of 5 seats "down" to address the ippyo kakusa.sigma1http://www.sigma1.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-6714063.post-21824456998842796322012-02-09T11:12:45.715+09:002012-02-09T11:12:45.715+09:00Herr Morén -
A theoretical possibility but one no...Herr Morén -<br /><br />A theoretical possibility but one no party wishes to face. <br /><br />Discussions over the Supreme Court-ordered reform of the House of Councillors have pretty much shelved for this Diet session. The parties believe, they have until the end of next year's regular Diet session to fix the problems with the House of Councillors apportionment -- and that a legislated reform of the House of Representatives is vital and more pressing.MTChttps://www.blogger.com/profile/04626942240117432624noreply@blogger.comtag:blogger.com,1999:blog-6714063.post-46133924271784598822012-02-09T11:01:11.414+09:002012-02-09T11:01:11.414+09:00I've mentioned this before, but I wonder what ...I've mentioned this before, but I wonder what will happen if election law amendment fails and the deadline for lower house elections passes. You hold an election but you <i>can't</i>. <br /><br />Is the supreme court able to impose a change of the election law of its own devising perhaps? They could argue that with the election deadline passed no legitimate lower house actually exist at that moment and so they need to step in where the Diet no longer can.Jan Morenhttps://www.blogger.com/profile/06834641501438709866noreply@blogger.com