Professional Documents
Culture Documents
By
Palamos, Maria Alessandra Batucan
Montesclaros, Harvey Andre Lacro
Pineda, Carl Christopher Ramos
Patalinghog, Meca Ella Trimidal
Maitem, Ronan Jeeven Patricio
Pesidas, Angela Palmera
Mamukid, Amir Ishmael
Murillo, Jelai M
Group 3
PSCM 2133
TTh 11:10A – 12:40P
1st Semester
SY 2021-2021
Specific Objectives
This case study was designed to help the readers:
1. Understand how past events in Japan’s developmental path lead to differences in
long-term outcomes;
2. Understand how Japan approach the issue of development;
3. Understand the policymaking process of Japan and some of the forces that
impact that process;
4. Identify and explain political challenges and changing agendas in selected
countries;
5. Understand the development of various systems of government in Japan.
Flow of Presentation
The following is the order of presentation:
1. Introduction of the presenter
2. Brief Orientation on the country of choice
3. Flow of presentation
4. Discussion of objectives
5. Presentation of the material facts
6. Discussion on the article review on the International Norms, Domestic
Politics, and the Death Penalty Comparing Japan, South Korea, and Taiwan
7. Discussion on the article review on the Future of the Indo-Pacific from a
Southeast Asia Perspective
8. End of Presentation
Material Fact
Country: Japan
Japan’s Government
The government in Japan stands as a constitutional monarchy that the power of the
emperor is limited and mostly used in ceremonial duties. The Executive (Cabinet),
Legislature (Diet), and Judiciary (Courts) are the three branches of government. Both
the emperor and the imperial family are the head of state. The position that he is in does
not create any impact or effect to the activities of the government. As a result, the Prime
Minister is the head of the government. The Japanese Constitution was enacted in 1947
and has remained unchanged since then.
Japan’s Constitution
The government of Japan promulgated its constitution in 1946 and was adopted in
1947, succeeding the Meiji constitution of 1889. The Japanese Constitution governs the
government's activities and powers. It establishes the separation of powers between the
three branches of government. It gives the ceremonial role of appointing the prime
minister and the chief justice, convening diet sessions, and entrusting the state, and it
honors more power. It also states that the government may not maintain armed forces
for aggression.
The Three Branches of Japan Government
1. Executive Branch: The Prime Minister and the Cabinet of Ministers are the
heads of the Japanese government's executive branch. The Prime Minister leads
both the executive branch and the Cabinet. The legislature nominates him to
serve a four-year term. He is the head of Japan's self-defense forces and is
responsible for controlling and supervising the executive branch's activities. He
introduces bills in the legislature, signs laws, and has the authority to declare a
state of emergency. The Prime Minister appoints or dismisses the Ministers of
State in the Cabinet. According to the law, these ministers should not exceed
fourteen and can only be increased to nineteen in exceptional circumstances. If
the Diet's house of representatives voted without any confidence, this results to
the resignation of the Cabinet. This leads the foreign affairs, administers civil
service, concludes treaties, and the preparation of budget
2. Legislative Branch: The National Diet is the legislative branch. The House of
Representatives and the House of Councilors make up the bicameral legislature.
The Constitution recognizes it as the highest organ of state power and the
country's sole legislative body. Its responsibilities include drafting legislation,
approving the national budget, approving treaty agreements, and choosing the
Prime Minister. It can also change the Constitution by drafting amendments and
presenting them to the public for approval. The houses have the authority to
investigate the government, call witnesses, demand records, and request that the
Prime Minister and other ministers justify the state's affairs.
3. Judicial Branch: The Supreme Court, High courts, District Courts, Family
Courts, and Summary Courts make up the Japanese Government's Judicial
Branch. It is separate from both the legislative and executive branches. The
Supreme Court justice can be voted out of office by a referendum held during the
general election of members of the House of Representatives, followed by the
first general election every ten years. In the presence of the Emperor, the Chief
Justice is appointed, and the cabinet names the other court judges.
Term of Power
The basis of the Prime Minister’s term is when a vote of no-confidence passes the
House of the Representatives or if a resolution or a confidence vote is rejected, the
Prime Minister may either dissolve the lower house within 10 days or the Prime Minister
will resign together with his or her cabinet members or ministers.
Political Party: The former Japanese Prime Minister Shinzo Abe and the current Prime
Minister Yoshihide Suga both represents ruling Liberal Democratic Party of Japan (LDP)
which is generally conservative and business dominant force and party in the
government of Japan for most of the period since its founding in the mid 1950’s.
Elections In Japan
Japan has three types of elections:
1. Elections to the House of Representatives which are held every four years.
2. Elections to the House of Councilors which are held every three years.
3. Local elections in prefabs and local governments which are held every four
years.
Through various committees serving at various levels, the Central Election
Administration Committee oversees the country's election. To run for a seat in the
House of Representatives must be 25 years old or older, and to run for a seat in the
House of Councilors, must be 30 years old.
Social Stratification:
1. The Upper Class: This is the class of Japanese social society that has the most
power and monetary freedom. They are divided into two groups: the royal family,
who enjoy a high status in society, and the business class, who owns a mega
business in Japan.
2. The Middle class/Service class: This level includes a layman, a commoner, or
simply a serviceman, representing most of Japan's people and is an essential
aspect of Japanese society. This class is composed of low-scale business
people and service members who are casually doing jobs in a company.
3. Lower class: They work daily to support themselves. This group includes
persons who earn the lowest income in Japan and, for the most part, are
financially insecure.
Japan’s Economic System
Japan has a global free-market economy that is industrialized. A free-market economy
is a profit-driven economic system in which firms compete for-profit, and goods and
services pricing are determined by supply and demand. The financial system of Japan
and the United States are highly similar.
Since the advent of history, death penalty has been the maximum sentence
imposed by courts as punishment to those who sinned to the highest degree, typically
those who are convicted of murder and other capital crimes. However, after the awfully
atrocious previous experience of the people with the death penalty, an overwhelming
majority had been awakened and recognized the need to advance the abolition of the
capital punishment to honor and preserve the basic human rights of the people. Over
time, this became a global trend that aroused conformity from many countries, except in
Asian countries such as South Korea, Japan, and Taiwan, to name a few.
The Article written by Sangmin Bae offered an explanation on to why the three
countries mentioned, in spite of the similarities shared in cultural structure and political
institutions, remain remiss on abolishing death penalty and instead enjoy the application
of the capital punishment. According to the article, there are at least five factors which
determines the likelihood of a certain state to comply with the international norms. (1)
Cultural Conformity; (2) Elite Leadership, (3) Civil Society Leadership; (4) Political
Institutional Settings; and (5) critical junctures in history.
In the case of Taiwan, the result of a long term one-party dictatorial leadership
led to many harsh penalties which earned them a spot as one of the top ten
executioners worldwide. This four-decade long practice soon came to an end in 2001
when the newly elected President Shui-Bian promised that the entire nation would move
towards abolition. Ever since this peaceful transfer happened, death penalty cases have
rapidly declined which was evident from 2000 up to present. The following years, a
series of amendments to laws have also been created in quest of reducing the use of
the Capital Punishment. Hence, instead of Death Penalty as an inescapable fate, it was
reduced to being an option. Some of these amendments include prohibiting Capital
Punishment for those who are under the age of 18 and those who are above the age of
80, and the ability of the judge to decide on whether they would mete out the Death
Penalty/Life Sentences to convicts who have committed heinous crimes and those
members in the military who have violated orders on the front line with grave
consequences. Polls had also been conducted to measure the public’s support of this
change. Statistics revealed that 76 percent of the population was not in favor of
removing the Capital Punishment. This significant number then dropped to 44 percent
when life imprisonment with parole was brought up. Additionally, 62 percent was in
favor of life in jail or long-term imprisonment only if the death row inmate proved that he
or she has behaved well throughout the duration of his sentence. These responses still
showed a high degree of conformity with the traditional capital punishment instead of
the amended one.
On the other hand, while the public remained resistant towards the idea of
removing the death penalty policy, the Political Leadership stands with the opposite.
President Chen Shui-Bian emphasized on replacing death sentences with life sentences
without parole during his term in the office. With that being said, the office of the
president together with the cabinet drafted a new legislation abolishing the Death
Penalty Policy. A year after the new policy took effect, the ministry of justice made its
move and conducted an educational long-range program in hopes that this will steer the
public’s opinion and eventually accept the abolition.
Taiwan’s motion towards removing the Death Penalty policy has been closely
followed by the EU and IHR organizations. This abolition raised by Taiwan had become
their steppingstone to strengthen their diplomatic relations with powerful nations such as
the EU. Furthermore, the political willingness among the elites also fueled the wide-
acceptance and application of this international norm in domestic law. The support
acquired from the Political Elites together with the Political transformations – which
entailed the emergence of human rights organizations and the drastic regime change
that was perfectly portrayed during the peaceful transfer in 2001 –sped up the
widespread adoption of such policy in the country. The intention of Taiwan which was
largely based on their willingness to change their ideal perception towards the death
penalty policy led them to comply with the norm voluntarily, which then resulted to the
abolition’s stability and sustainability over the years to this day.
South Korea also followed the same path as Taiwan. After not having a single
inmate executed for as long as ten years, the country was declared “abolitionist in
practice” which means they are currently in the process of moving towards the abolition
of the Capital Punishment. As part of a long-established custom, South Korea has been
implementing Death Penalty for most crimes committed that are recognized as a conflict
of national interest, these crimes are not limited to murder, robbery, and theft of national
treasures. Furthermore, about more than 900 people have been executed by the
Supreme Court of South Korea, ever since its first republic in 1948 – without including
the private executions carried out by the military. During South Korea’s authoritarian
era, the use of this capital punishment was frequently imposed on political dissidents,
common criminals, and the like.
However, things in South Korea have been gradually changing throughout the
years in a positive direction -- the country’s changing attitude towards the abolition of
such policy have been evident in the courts. The start of this significant change was
shown during President Kim Dae-Jung’s rule. Bills on the abolition of the Death Penalty
have been presented to the National Assembly in years 1999, 2001, and 2004. Since
then, Korea has maintained an unofficial moratorium on these executions since the
election of Former President Kim Dae-Jung and in the following years, no executions
have been recorded. Kim Dae-Jung has been considered as an important figure of
democratization in South Korea as he was the first who strongly opposed to the idea of
death penalty, which enabled him to sabotage it in a legal manner. With that being said,
the death penalty reversal rate reached 70 percent under his rule and his successor
President Roh Moo-hyun. A series of court decisions overturning death penalty together
with the Country’s abstinence from performing these executions for years suggests that
South Korea may move from Unofficial Moratorium to completely eradicating their
Capital Punishment from the constitution.
The topic of death penalty also aroused a series of controversies among the
General Public. The debate on this movement continued for years, and to this day,
despite the growing support for the abolishment of the capital punishment, there is still a
significant number of South Koreans who support the traditional Punishment. As a
result, the Constitutional Court has upheld the retention of the death penalty by stating
that it is a legitimate form of punishment, thus it does not in any way violate the
constitution, and that imposing such punishment protects the welfare of the ordinary
citizens and promotes significant public interests. He emphasized that to completely
abolish this penalty, society must change first. However, due to Kim Dae-Jung limiting
the death sentences from being carried out, the succeeding administrations have
eventually adapted to his practice, even though there’s no legislation behind it – It was
an executive order, and not a law. The unofficial moratorium imposed by Kim Dae-Jung
has become a kind of self-reinforcing cycle wherein the longer the Korean Government
abstains from carrying out death sentences, the less likely it becomes to start again.
Hence, such punishment is now rarely used which enabled death-row convicts to be
imprisoned without labor for the rest of their lives instead.
Upon reviewing Taiwan and South Korea’s progress towards abolishing the
death penalty, it can be concluded that Japan has a long way to go, in comparison to
the two countries. The country of Japan, compared to the rest of the northeast Asian
countries has been the most resistant with regards to embracing the international norm
against the death penalty. This behavior clearly has something to do with Japan’s trust
in its judicial system and its traditional ways, according to the article, nearly 80 percent
of Japan’s population are in favor of death penalty mainly because these executions
contributed to the overall crime rate in Japan which is extremely low to the point where
violent crime has become relatively rare in the country. Even Civil Society Groups and
Political Leaderships in Japan found it risky to promote their respective anti-death
penalty agenda/opinions because of the immense support the traditional policy has
acquired from the general public. Another factor is that Japan is less fearful of the
backlash compared to other Asian countries because aside from having most of their
people supporting such punishment, there has been no external pressure either (From
other countries). Furthermore, they would also gain no incentive from removing their
traditional penal punishment -- which does more good than harm for their country. As a
result, they remained conservative and made little to no reform of their own version of
capital punishment compared to Taiwan who is more lenient and open to adjustments.
Democracy has been considered by the majority as something that is universally
applicable and treated as an integral part necessary to attain peace and harmony in a
certain society, however, the fact of the matter is that democracy, along with the other
existing forms of government, is no panacea and is just another system derived from
political ideologies, which means, no matter how promising it may be, it won’t work out
favorably for all countries.
Therefore, adopting democracy, especially if your country is under another form
of government for so long would not work in the long run even if executed properly.
There is an internal process in every country which facilitates any political development.
For instance, In Taiwan, particularly the abolition of death penalty, only revealed
progress when President Chen Shui-Bian stepped into power and personally put an end
to this four-decade long practice, the movement towards abolition was not achieved
overnight as the general public expressed their disagreements because they were used
to the Capital Punishment that was implemented when Taiwan was still under a one-
party dictatorial leadership. Even though the progress was relatively slow, the adoption
of such policy still showed signs of success as Taiwan was showing their willingness to
change their perception towards death penalty. Same thing also happened in South
Korea when President Kim Dae-Jung led the quest for the abolishment of Death
Penalty, however, despite not being removed completely from the constitution, the law
is only meted out in cases of murder and an unofficial moratorium has been imposed
ever since.
On the other hand, this does not seem to the case in Japan as they remained
apathetic towards this international norm, the Japanese believe strongly in the concept
of law and order, and that there are existing crimes wherein death is the most
appropriate punishment. The public also thinks the same as there has been little to no
objections so far and upholding the capital punishment maintained the low crime rate
level in the country. In conclusion, there are several factors in every country’s political
system that have played a big part in keeping the capital punishment. Moreover, it
seems like in countries like Japan, progressivism is not always the solution, people
indeed have their own way of doing things that is way more beneficial to them and just
because the abolishment of death penalty has become a standard international norm
does not mean it is the right thing to do for most countries nor does it mean that it
should be followed suit.
In the final analysis, systematic distinctions between Taiwan and Japan
highlights the significance of Comparative Politics which focuses on the significant
regularities, similarities, and differences in the working of political institutions and in the
patterns of political behavior among countries. At the end of the day, each country’s
style of governance, despite having similar structures of political organization, is still
highly influenced, and dominated by their own beliefs and shapes the way they function
and conduct themselves.
Article Review on The Future of the Indo-Pacific from a Southeast Asia
Perspective
Power and influence have always been concentrated in the West, with Asian
Countries often branded as mere little brothers and sisters who adopts and get
influenced by the Western countries, United States in particular. For centuries, this had
always been the case, until power shifted from one owner to another. The article, The
Future of the Indo-Pacific from a Southeast Asia Perspective, authored by Green et al.,
centered its reports on this notion. The article talked about certain countries in Asia that
apprehended the choices of which one has the most power and influence in terms of
political system, as well as their similarities and distinctions to each other. n regards of
the countries that most held the political power and influence, China got the lead,
seconded by the United States, followed by Japan with a minor gap with Indonesia, and
then the European Union. In general, China has taken the long-held title of the West as
the most powerful and influential countries, United States in particular, from the
perspective of Southeast Asians.
In essence, the article provided a narrative report on the transition of power and
influence from the West to East Asia, as well as the development and operation
differences that emerged in the countries involved. China's rise to prominence is
replacing America's decades-long dominance in areas of Asia. The shift to power is
hinting on a new defined future of the continent, with the Indo-Pacific seeing a more
appealing chance in its tomorrows. With the unpredictable foreign policy and rejection of
trade deals of United States that are already pushing Asian countries to reconsider their
tactics, the changes have accelerated. Japan, for instance, is moving forward without
the United States. Every Asian nation now trades with China more than it does with the
United States, sometimes by a ratio of two to one, a trade imbalance that is only
becoming worse as China's economic development outpaces that of the United States.
While Japan has indeed been attempting to respond to China's ascent with its own
resurgence, using its third-largest economy to develop an autonomous military and set
of diplomatic ties, East-Asian perspectives on who’s more powerful in terms of
economic and political dominance, Japan is far from leveling to China.
It is important to note that the political and economic dominance of the countries
involved is dependent on the leadership of political actors. The United States is a
constitutional republic and representative democracy whereas China is a centrally
governed socialist republic, and Japan is a constitutional monarchy with a parliamentary
system. These countries have different system wherein the respective head of
government behaves differently and how the system influences his decisions. In the
case of the United States, the political actors in-charge of domestic and foreign policy
were too nation-centered that the popularization of globalization did not do the country
well, resulting to weakened dominance in Asia. Meanwhile, China’s political actors saw
the need for constant expansion of power and initiated actions to win diplomatic ties,
thereby strengthening their prints in Asia, on the contrary of what happened to the US.
Japan, with ambitious political leaders is trying to resurrect the "quad," an informal and
implicitly anti-Chinese coalition that includes India, Australia, and the US.
At the bottom line, depending on how the political actors lead their country, a
stable economy and dominant political power may be within reach. In the case of the
reviewed article, it has been reported that the region believes that the political power
balance is shifting. Southeast Asians share a common inclination on concluding the
auspicious future of the Indo-pacific, far from being inferior to the West in terms of
political and economic power and influence.
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