Guide to Citizens’ Rights and Responsibilities
WAV E O F G O V E R N M E N TA L C H A N G E A N D L E G A L R E F O R M S
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- See also: Bicameral Parliamentary Systems; Judicial Independence; Judicial Review; Taiwan; Thailand. B I B L I O G R A P H Y
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WAV E O F G O V E R N M E N TA L C H A N G E A N D L E G A L R E F O R M S In the 1990s, Japan experienced a political and economic transformation unlike anything seen since World War II. By 1991, confidence in the diet and bureaucracy had fallen to single digits as measured by opinion polls. Fueled by G O V E R N M E N T S O F T H E W O R L D 11 J a p a n statute: a law created by a legislature that is inferior to constitutional law ■ ■ ■ jurist: a person learned in legal matters; most often, a judge litigate: to bring a disagreement or violation of the law before a judge for a legal decision the domestic economic slowdown, collapse of artificial stock and land prices, distrust in government, and international political forces, Japan entered into its third political revolution. For nearly forty years, the LDP enjoyed uninterrupted power and unparal- leled voter support, particularly in rural regions. However, in 1993 the LDP was ousted from its one-party dominance in the diet. Although the LDP remained the largest party in the diet, it was forced to assemble a seven-party coalition led by Prime Minister Morihiro Hosokawa ( b. 1938). Since the mid-1990s, the LDP has been resigned to coalition-building in the diet, often partnering with politi- cal parties with opposing policies and ideals. In 2004, the major political parties in Japan were the LDP, the Democratic Party of Japan, the New Komeito Party, the Social Democratic Party, and the Japanese Communist Party. Many theories, ranging from unfavorable domestic developments to intra- party factionalism , are used to explain the abrupt political change. At minimum, the LDP suffered from key politicians defecting to new or existing parties. Unlike in the past, politicians perceived fewer political and monetary benefits to stay- ing affiliated with the LDP. Furthermore, except for the communists, all parties began to operate within the same ideological sphere. This newfound mobility resulted in coalitions, party mergers, splinter political groups, defections among 12 G O V E R N M E N T S O F T H E W O R L D J a p a n THE NATIONAL DIET BUILDING IN TOKYO, JAPAN. After taking sixteen years to complete, the National Diet Building opened in November 1936 and is home to the two houses of parliament. (SOURCE: © CARL & ANN PURCELL /CORBIS) factionalism: a separation of people into competing, adversarial, and self-serving groups, usually in government ideology: a system of beliefs composed of ideas or values, from which political, social, or economic programs are often derived ■ ■ ■ parties, and general uncertainty in party politics. Moreover, voter turnout and support for the LDP fell. Before 1990, voter participation rates hovered around 75 percent nationwide and surpassed 90 percent in some rural areas. Since that time, the turnout rate has fallen to levels between 45 and 60 percent. Voters who are relatively satisfied—or at least not passionately dissatisfied—with the government’s performance seem to be less likely to vote than in the past, whereas dissatisfied voters choose to make their opinions felt at the polls. Riding the new political tide, Japan embarked on a mission to reassess and reform its governmental structure and law. Under Prime Minister Hosokawa, a new diet electoral system was created in 1994 based on single-member districts and proportional representative blocs. Soon thereafter, the Administrative Reform Council was formed to evaluate the effectiveness of the central govern- ment. Under the direction of Prime Minister Ryutaro Hashimoto ( b. 1937), the Council recommended and the diet passed legislation that restructured the cabinet, reorganized the national administrative organs, privatized over sixty special public corporations, and streamlined the central government. Also, by passing laws related to the openness of administrative procedures (Administrative Procedures Law) and information disclosure (Disclosure of Information Act), the diet strived to increase the accountability and transparency of the central government. Many other legal reforms took hold during this third political revolution. Japan deregulated and privatized several key industries, particularly under the direction of Prime Minister Koizumi. Japan also endeavored to reduce public- works spending and improve access to government. A prime example of these reforms is the Nonprofit Organization Law of 1998, which gave nonprofit groups the right to organize and enter into contracts without bureaucratic interfer- ence. This law led to the proliferation of non-governmental organizations and increased political activism. Another monumental reform was the overhaul of the Japanese judicial system. In July 1999, the cabinet established the Justice System Reform Council, which advocated reforming the legal profession and revamping the justice system to meet public expectations. By 2004, Japan had revised century-old procedural rules, formed U.S.–style professional law schools, created a public jury system for certain criminal trials, and amended rules governing the activities and number of Japanese and foreign attorneys. Given the achievements produced by Japan’s first and second political revolu- tions, Japan and its people should benefit from these and other changes in the third political and legal revolution. See also: Bicameral Parliamentary Systems; Judicial Independence; Judicial Review; Taiwan; Thailand. B I B L I O G R A P H Y Curtis, Gerald L. The Logic of Japanese Politics: Leaders, Institutions, and the Limits of Change. New York: Columbia University Press, 1999. Curtis, Gerald L. Policymaking in Japan: Defining the Role of Politicians. Tokyo: Japan Center for International Exchange, 2002. Dean, Meryll. Japanese Legal System, 2d ed. London: Cavendish Publishing, 2002. Duck, Ken. “Now that the Fog Has Lifted: The Impact of Japan’s Administrative Procedures Laws on the Regulation of Industry and Market Governance.” Fordham International Law Journal 19 (1996):1686–1763. Institute for Democracy and Electoral Assistance. “Japan: Parliamentary Elections.” 2004. Ͻhttp://www.idea.int/vt/country_view.cfmϾ. G O V E R N M E N T S O F T H E W O R L D 13 J a p a n proliferate: to grow in number; to multiply at a high rate ■ ■ ■ “Japan.” CIA World Factbook. Washington, DC: Central Intelligence Agency, 2004. Ͻhttp://www.cia.gov/cia/publications/factbook/geos/ja.htmlϾ. Japan National Institute of Population and Social Security Research. Population Statistics of Japan 2003. Tokyo: Japan National Institute of Population and Social Security Research. Ͻhttp://www.ipss.go.jp/English/psj2003/PSJ2003.pdfϾ. Kelemen, R. Daniel. “The Americanization of Japanese Law.” University of Pennsylvania Journal of International Economic Law 23 (2002):269–323. Kitagawa, Zentaro. Doing Business in Japan. New York:Matthew Bender, 2001. Milhaupt, Curtis J., J. Mark Ramseyer, and Michael K. Young. Japanese Law in Context: Readings in Society, the Economy, and Politics. Cambridge, MA: Harvard University Press, 2001. Ministry of Foreign Affairs of Japan. Central Government Reform of Japan. Ͻhttp://www.kantei.go.jp/foreign/central_government/Ͼ. Ministry of Foreign Affairs of Japan. Social Security in Japan: Toward a Japanese Model of the Welfare State. Ͻhttp://www.mofa.go.jp/j_info/japan/socsec/maruo/index. html Ͼ. Ministry of Foreign Affairs of Japan. Web Japan. Ͻhttp://web-japan.org/Ͼ. Port, Kenneth L., and Gerald Paul McAlinn. Comparative Law: Law and the Legal Process in Japan. Durham, NC: Carolina Academic Press, 2003. Office of the Prime Minister. Constitution and Government of Japan. Ͻhttp://www. kantei.go.jp/foreign/constitution_and_government/the_constitution_of_japan.html Ͼ. Schwartz, Frank J., and Susan J. Pharr. The State of Civil Society in Japan. New York: Cambridge Press, 2003. Stockwin, J.A.A. Governing Japan: Divided Politics in a Major Economy, 3d ed. Oxford, UK: Blackwell Publishers, 1999. Van Wolferen, Karl. The Enigma of Japanese Power. New York: Alfred A. Knopf, 1990. Yanagida, Yukio, Daniel H. Foote, Edward Stokes Johnson Jr., J. Mark Ramseyer, and Hugh T. Scrogin Jr. Law and Investment in Japan. Cambridge, MA: Harvard University Press, 1994. Matthew J. Wilson Jewish Law See Halakhah. Jordan Located in the Middle East, Jordan has a landmass of 89,200 square kilo- meters (34,440 square miles). With Amman as its capital, it is bordered by Syria on the north, Iraq on the east, Saudi Arabia on the south, and the West Bank and Israel on the west, with only a small window on the Red Sea. Jordan’s pop- ulation number some 5.8 million in 2005 not including the many Palestinian refugees living there. The population is mostly concentrated in urban areas due to the harsh nature of the countryside: Most of Jordan (75 percent) is desert. Its peoples are 92 percent Muslim, 6 percent Christian, and 2 percent other religious minorities. These religions may be further divided into ethnic 14 G O V E R N M E N T S O F T H E W O R L D J e w i s h L a w groups: Arabs account for 98 percent, Circassians 1 percent, and Armenians 1 percent. The country is rich in phosphate, potash, and shale oil. However, it is generally poor in natural resources and also lacks water sources. B R I E F H I S T O R Y After World War I, in 1920, France and Britain convened a conference in San Remo, Italy, where Abdullah Ibn Hussein (1882–1951) was appointed the emir of Transjordan (known since 1949 as the Hashemite Kingdom of Jordan). In 1946, Transjordan gained its independence as a kingdom, and Emir Abdullah was declared King Abdullah I. After his assassination in 1951 in Jerusalem, his son Talal became king, only to abdicate the throne a year later because of his alleged mental illness. Talal’s son Hussein (1935–1999) succeeded him in 1953, and upon Hussein’s death in 1999, his son became King Abdullah II (b. 1962). The Hashemite Kingdom of Jordan became involved in several conflicts, which in turn jeopardized its existence. It entered the 1948 Arab-Israeli War and was one of the two Arab nations to come away with increased territory. However, in 1967, when it participated with Egypt in a second war against Israel, the kingdom lost the West Bank to Israeli occupation. Moreover, in 1970 Jordan entered into an armed struggle with the Palestinian Liberation Organization (PLO) that led to the exile of Yasser Arafat (1929–2004), head of the PLO, and his guerrilla fighters to Lebanon. In 1987 King Hussein called an end to the representation of the West Bank in Jordan’s parliament and its role as representative of the Palestinian people in the West Bank. Three short years later King Hussein had to then take a stand in the First Gulf War (which unleashed a full-scale military conflict between Iraq and the United States G O V E R N M E N T S O F T H E W O R L D 15 J o r d a n emir: a ruler in a country with a government based on Islamic religious beliefs abdicate: to renounce or give up power, usually referring to royalty ■ ■ ■ guerrilla: a soldier engaged in non traditional methods of warfare, often separate from any structured military group Petra S Y R I A N D E S E R T A r d a s S a w w a n ¸ ¸ ¸ ¯ Jabal Ramm 5,689 ft. 1734 m. Jabal Naba 2,631 ft. 802 m. ¯ Jabal ar Rimah 4,015 ft. 1224 m. ¯ ¯ Qitabash Shamah 3,051 ft. 930 m. MEDITERRANEAN SEA Gulf of Aqaba 'A ra b a h Jo rd a n Hasa H sH asa Hafi rah Yarm uk Za ¯ ¸ Dead Sea Qa'al Jinz ¯ Qa'al Jafr ¯ Al Mudawwarah Al ’Aqabah Ramm Elat Ra's an Naqb Gharandal Al Jafr Paran Qetura ¸ ¸ Al Mafraq Dab'ah At Tafilah ¸ ¸ Jarash Teverya As Salt Al Karak Sedan Gaza Be'ér Sheva' Jericho Jerusalem Ma'an ¯ Azraq ash Shishan ¯ Ar Ramtha¯ ¯ Dar'a¯ As Suwayda' ¯ 'Amman ¯ Az Zarqa' Irbid ¯ Ma'daba¯ Al Qatranah ¸ ¯ Ba'ir ¯ Al Hadithah ¸ Mushash Hodraj ¯ ¸ Golan Heights Gaza Strip West Bank Israeli occupied with interim status subject to Israeli/Palestinian negotiation. Final status to be determined. S A U D I A R A B I A I R A Q S Y R I A I S R A E L E G Y P T W S N E Jordan JORDAN 50 Miles 0 0 50 Kilometers 25 25 (MAP BY MARYLAND CARTOGRAPHICS/ THE GALE GROUP) and its allies when the former invaded oil-rich Kuwait) and grapple with that deci- sion’s consequences on the economic and political stability of his country. In 1994 Jordan signed a peace treaty with Israel following negotiations in Madrid. This accord ended a forty-six-year conflict between the two countries and reestablished diplomatic relations between them. The peace treaty also restored the Jordanian status of the lands it had previously occupied, except for the West Bank, and confirmed Jordan’s share of the Yarmouk and Jordan Rivers. Since the U.S. invasion and occupation of Iraq in 2003, Jordan’s King Abdullah II has had to cope with the mounting economic and political consequences of that war. T H E P L AY E R S From the day of Jordan’s formation, the king has remained the major player in the country’s political process. However, in 1970 Arafat and the PLO increased their power base in Jordan and were on the verge of overthrowing the king. This situation led to a military confrontation between the two sides, with the king finally able to defeat the PLO, exiling it to Lebanon. King Hussein thus managed to dominate political life throughout his reign; he replaced prime ministers and other officials to reflect his will and sometimes that of the dominant political parties. His power was supreme and he could not be removed from office. During his reign, King Hussein faced a number of challenges from different Arab leaders. President Gamal Abdel Nasser (1918–1970) of Egypt had a power- ful influence on political life in Jordan. He persuaded King Hussein to sign a common military defense agreement with Egypt; it obligated Jordan to enter the Arab-Israeli War of 1967 and resulted in the loss of the West Bank. After that King Hussein had to respond to the aggressions of President Hafiz Assad (1930–2000) of Syria, who tried to attack Jordan in order to protect the PLO in 1970. Perhaps most important of all, from 1985 until 1999, Jordan maintained good relations with Saddam Hussein (b. 1937), as reflected in Jordan’s support of Iraq in the 1990 Gulf War. This had drastic economic consequences for Jordan, but King Hussein, through skillful diplomacy, managed to preserve his nation’s essentially good relations with the West after Saddam’s initial defeat. S O C I O E C O N O M I C C O N D I T I O N S A N D Q UA L I T Y O F L I F E Because of its lack of valuable natural resources, Jordan has faced huge problems in developing its socioeconomic situation. It developed at a high rate of growth until 1996 when the economy slowed down once again. Jordanians only attained a per capita income of U.S. $1,760, compared to $2,070 in other parts of the Middle East and most of North Africa. Jordan also continues to face a chronically high unemployment rate. The some 500,000 Palestinian refugees subsisting in refugee camps without their basic needs being met further aggra- vates this situation and has resulted in growing pressure on the Jordanian gov- ernment for more action and greater services. Add to this the huge economic crisis that Jordan had to face after the First Gulf War when 300,000 of its citizens returned home from different Gulf states, thus creating an even higher unem- ployment rate, at 30 percent, and added pressures on the government. Such high unemployment and poverty combined to create a virtual schism in society, with 30 percent of the population living below poverty. In addition, Jordan has one of the highest debt burdens. It is ranked num- ber sixteen in the world, with foreign debt constituting nearly 95 percent of its gross domestic product (GDP). However, Jordan ranks number twenty-three in the world in terms of foreign aid received, with approximately $552 million 16 G O V E R N M E N T S O F T H E W O R L D J o r d a n per capita: for each person, especially for each person living in an area or country ■ ■ ■ schism: a separation between two factions or entities, especially relating to religious bodies disbursed to its government per year. Such aid has contributed to Jordan’s development and allowed it to survive some harsh economic realities. Jordan’s most valued resource is its human capital, especially the high per- centage of educated and skilled workers. The rate of illiteracy is low compared to that of other Middle Eastern countries, standing at 14 percent for women and 4 percent for men in 2003. Jordan is also number sixteen in the world in terms of primary school enrollment. It has additionally made great strides in the pro- vision of health services (which constitute 9% of the nation’s GDP), as reflected in the high life expectancy of 77.7 years for the entire population and a low infant mortality rate of 2.7 percent. In 2003 female life expectancy was 80 years, with that of the male population at 75 years. With its skilled workforce Jordan ranks number seventy-four in Internet service among nations, boasting some 212,000 end-users. G O V E R N M E N T S T R U C T U R E The Hashemite Kingdom of Jordan is a constitutional monarchy. The government is based on a constitution written in 1947 and amended in 1952; it remains the basic legal document of the kingdom. The constitution provides the king with vast powers and allows the creation of a bicameral system. This system of government is a remnant of tribal structure whereby the emir leads all tribes; however, the emir (before Jordan’s formation as a sovereign nation) had a con- sultative council that helped him govern. Thus, the Jordanian system is based on that concept and the continuous authority of the king to dominate political life while allowing the Jordanian people to express their own points of view. According to the constitution, the reigning monarch is the head of state, the chief executive, and the commander in chief of the armed forces. The king exercises his executive authority through the prime minister and a Council of Ministers. The Council of Ministers is responsible to the elected House of Deputies, which along with the House of Notables constitutes the legislative branch of the government. The judiciary is an independent body. Political life under the Hashemite monarchy has undergone continuous change. King Hussein implemented martial law when he perceived a threat to his rule and captured a number of the opposition’s leaders, only to release them when they would publicly acknowledge his supreme authority. Thus, Jordan has been in continuous turmoil for most of its history. Political parties may partici- pate in the political process so long as they accept and recognize the Hashemite as Jordan’s legitimate rulers. The country’s leading Muslim parties range from nationalist to fundamentalist in their views. All have gained seats in the lower chamber of the legislature, but no representative of these parties has ever been named prime minister or dominated the country’s political life. D I V I S I O N O F P O W E R Rule in the Hashemite Kingdom of Jordan is divided between the legislative and executive branches. The judiciary does not play an important role. Similar to the British system, the legislature is made up of two chambers: the lower cham- ber or parliament (the House of Deputies), called Majlis el Nouwab, and the upper chamber (the House of Notables) called Majlis el Aayan. The lower cham- ber is popularly elected, and until 1967 half its deputies hailed from the West Bank. From 1967 to 1987 King Hussein suspended the operations of parliament, replacing it with three appointed National Consultative Councils and claiming that free elections could not be held while Israel occupied the West Bank. G O V E R N M E N T S O F T H E W O R L D 17 J o r d a n Download 4.77 Kb. Do'stlaringiz bilan baham: |
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