Critical Comparative analysis of

Democratic Polities Across the World.

Swasthik Shetty
2131001

Submitted to
Prof. Adra NG

  

5 BA-HEP
Department of International studies, Political Science and History 
School of Humanities and Social Sciences 
August, 2023
INTRODUCTION

Japan's democratic polity is unique and has an extraordinary system that has evolved over

time to become one of the most stable and advanced democracies in the entire world. Japan is

known for its rich history, vibrant culture and its economic growth and prosperity. It follows a

hybrid system of government with both a parliamentary as well as constitutional monarchy in

place. It has a bicameral parliamentary system. The highest legislative body is known as the

National Diet, which consists of two houses The House of Representatives (lower house) and

the House of Councillors (Upper house). Members of the House of Representatives are

elected using a combination of single-member districts and proportional representation,

whilst members of the House of Councillors are elected using proportional representation

only.

The very nature of Japan's democracy is shaped by several factors. The Modern democratic

system that Japan has today is based on the constitution of Japan that came into effect post

the Second World War in 1947. The constitution was drafted under the Allied occupation

which established the democratic framework that upholds individual rights, popular

sovereignty and separation of powers and pacifism. The Emperor who was responsible for

imperialist Japan and rapid military expansion was made a ceremonial head of state and as a

cultural symbol for the unity and collective identity of Japanese people in post-world war

period. Japan's political system was not democratic at all in the past. In the Tokugawa period

(1600- 1868) and that of Meiji (1868-1912), democracy for them was neither the principal

nor the goal of these periods. Japan's long history of centralized governance under the rule of

emperors and shoguns has left a lasting impact on its political culture. Even though, it was

largely authoritarian it contained within itself the potential to become democratic and indeed
it did for the simple reason that it had traditional values such as hierarchy, respect for

authority and harmony that still continues to shape the political system and governance.

Japan has a multiparty system with several political parties like the Democratic Party of

Japan, Democratic Socialist Party (DSP), Japan communist party (JCP) etc. The Liberal

Democratic Party, which is the current ruling party under Fumio Kishida, has been the

dominant party and has ruled Japan since 1955, with only a few exceptions. Its dominance

has ensured policy continuity but has also led to calls for stronger opposition.

Elections are held regularly and citizens actively participate in the democratic process. Public

opinion plays a vital role in shaping governance and several mechanisms allow citizens'

preferences to be articulated and translated into political policies. There are interest groups

and civil society that is involved in lobbying and advocating for specific policy objectives.

There is a presence of free and fair media and plays a crucial role in disseminating

information and facilitating public debates on various issues. The Japanese citizens to say at

the very least are saturated with information.

SAME SEX MARRIAGE AND JAPAN’s POLITY

In a momentous stride towards LGBTQ rights, the city of Tokyo took a historic stand on

March 31, 2021. It officially recognised same-sex relationships and granted LGBTQ partners

the status of married couples for specific public service. Tokyo shattered traditional barriers

and embraced inclusivity. This is a significant development in Japan's long-standing

discussion and activism surrounding marriage equality This decision would provide rights

and benefits that were enjoyed by heterosexual married couples in areas such as housing,

medicine, and welfare services to the LGBTQ partners. However, this legalisation is limited
to municipal services within Tokyo, but it is a very important milestone for LGBTQ rights

promoting equality and civil rights.

The Legalisation of same-sex relationships by the Tokyo court highlights several aspects of

Japan's democratic process. Japan is the only G7 country without recognition of same-sex

marriage. This change towards acknowledging and defending the rights of marginalised

populations promotes a more inclusive democratic society. Though there is no legislative

action at the national level this decision becomes important since it promotes inclusivity and

equal treatment under the law for sexual minorities. The push for this legalisation of same-sex

marriage from the advocate groups and civil society reflects the strength of civil society and

advocacy groups within Japan. The democratic process allowed for this advocacy and public

engagement that led to incremental change in policies where LGB rights were not even

discussed or debated properly. The judiciary's proactive in upholding constitutional principles

of equality and fairness reaffirms the citizen's faith in the legal system knowing that their

fundamental rights and freedoms are protected regardless of sexual orientation. However, it is

important to point out that the impact of same-sex marriage legalisation on Japan's

democratic practice may also face obstacles. Conservative elements in society may oppose

these advances and strive to limit the rights of LGBTQ people. It becomes extremely

important that the democratic practise is able to balance out these diverse views and reach a

consensus. Furthermore, while same-sex marriage is legal in Tokyo, nationwide legalisation

is still up for debate and may differ depending on where you live in Japan. Nonetheless, this

decision comes as a huge step as it increased awareness about LGBTQ rights and leads to a

more tolerant and pluralistic democratic society.

Tokyo may have legalised same-sex marriage to some extent but this is not enough. The legal

effect of local action is limited since it follows a unitary legal system. The prospects for

legislative action and marriage equality at the national level are less bright. Even though the
public and other parties support same-sex marriage. A poll by the Kyodo news agency

showed 64% of respondents were in favour of recognising same-sex marriage (Kyodo News,

2023). However, the current ruling party, Liberal Democratic Party (LDP) opposes same-sex

marriage and has not been ready to pass legislation despite the support from other parties in

the National diet, and popular support from the people. LDP has been a dominant party and

its electoral success has rendered the opposition weak and unable to keep LDP in check. Due

to the LDP's popularity, dominance, and lack of opposition, rights protection is hindered. This

raises questions about the effectiveness of democratic procedures in a dominant political

system. The present scenario comes as a shock because Japan unlike other societies had

significant degrees of acceptance towards homosexuality in pre-modernised Japan. Gary

Leupp explains that ‘during the Tokugawa period (1603-1868), male homosexual behaviour

[known by various terms, including nanshoku] was extremely common, at least in towns and

cities' (Baldin, 2023 as cited in Leup, 1995). The Meiji era did see a decline due to Western

influences but it was not as intense compared to other societies. The attitudes of people have

become more liberalised in recent years which is reflected in the policies of the local

government to certify same-sex partnerships and provide benefits, but national-level

recognition remains essential.

Japan's civil code does not provide for same-sex marriage or unions. A bill was passed in

2019 and 2021 to recognise same-sex marriage. However, LDP's majority in the parliament

did not allow it. Since Japan's political culture values consensus and compromise. The

politicians seek to find middle-ground solutions that promote stability but this leads to delay

in policymaking and difficulties in executing major reforms. This is what the present party is

attempting to do, with LGB individuals and allies demands are of marriage equality. As a

compromise, the LDP wants to encourage awareness of gay and trans individuals.
The only way LDP can be kept in check is by Judicial protection of these rights. Japanese

courts are conservative they do not intervene in families and are hesitant to challenge

government decisions. However, the legal analysis of judgments of Tokyo and other courts

omits the problem of courts serving LDP's interest. However, the courts rather are relying on

legislative discretion and expect the matter to be solved by democratic process. The supreme

court hearings are still pending it needs to take an active step as there is less risk of backlash

because the opposition parties as well the public are supporting it and only LDP

conservatives are suppressing it. If courts do rule in favour of same-sex marriage it will elicit

a legislative response as Japan has a flexible system.

The issue of same-sex marriage demonstrates that in countries with a dominant ruling party,

there might be weaker checks on the government's actions regarding constitutional rights.

Also, the reasons to support the ruling party's decisions may not be very convincing because

of factors that weaken the party's democratic mandate. When courts follow the government's

decisions without questioning them, it may not always be the right thing to do, especially if

the government's decisions are not based on reality.

As far as India is concerned, the political landscape is quite different from a dominant party

system like Japan. India has a multi-party system, with a strong opposition party that keeps

the government in check. The ruling party keeps changing and no single party has a

permanent position like LDP in Japan. The multi-party enables more diverse political

viewpoints and greater checks and balances on the government's actions. The opposition

parties play a crucial role in holding the ruling party accountable. They act as a constant

source of scrutiny, challenging the decisions made by the ruling party and ensuring that their

actions align with the interests of the people. Furthermore, in Indian judiciary has a strong

tradition of Judicial activism and actively intervenes in politics as well as society in matters

of public interest. The Indian Judiciary has been more proactive in interpreting and protecting
constitutional rights, even in cases where the government did not support it. For instance, the

Supreme Court has made significant rulings in favour of LGBTQ by decriminalising

homosexuality and recognising the rights of transgender even when the government's stance

was not supportive. India still has challenges in achieving full equality and rights for its

LGBTQ community. However, the political landscape and the role of the judiciary are

different from Japan's dominant party system. In India, the courts have played a crucial role

in bringing about social change and upholding constitutional rights, even when the

government's stance does not support such reforms.

CONCLUSION

To conclude, the same-sex marriage issue demonstrates that in countries with a dominant

ruling party, there might be weaker checks on the government's actions regarding

constitutional rights. The Tokyo district court's decision is an important milestone but it

remains limited to the local level. There is no national legislation because of the LDP's

opposition and this reflects the challenges in achieving major reforms in a dominant party

system. The judiciary's role is important in such societies to uphold constitutional rights.

However, the court's conservative reluctance to exercise its power to challenge the

government's decisions raises questions about the effectiveness of the democratic system.

The scenario is different in India which as a multi-party system as opposed to single-party

dominance and a proactive judiciary that intervenes in matters of public interest and upholds

constitutional rights even when the government may not support such reforms.
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