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90 การประชุมวิชาการ
สถาบันพระปกเกล้า ครั้งที่ 16

selection or election of members, and the roles and functions of two Houses.
Such differences are the justification of the existence of the bi-cameral system.

As is written above, the case in Japan seems somewhat different from
other countries. First is the selection or election system. Until early in 1990s,
the election systems for both Houses in Japan were different. But since the
election system for the House of Representatives has been completely changed
by introducing the single seat constituency system and the proportionate
representation system to replace the middle size constituency system, the
election systems for both Houses became very similar. The second is the
principles or ideas of grouping of members. At the beginning of the bi-cameral
system under the current Constitution, the House of Councillors was composed
of groups not on the party base as in the House of Representatives but on the
different principles and ideas unique to this House. As is shown in the table on
the previous page, the House of Councillors has been grouped into the same
parties as in the House of Representatives for many years. Since the parties in
the House of Councillors now take the same or similar attitudes on legislative
bills and other issues, it is criticized as the “carbon copy” of the House of
Representatives. So there is an argument whether the House of Councillors is
necessary today. Or what is the justification to have two Houses? In any case,
to change the bicameral system, it is necessary to amend the Constitution
which has never been amended since it was enacted in 1946.

Ironically, in spite of the criticism of “carbon copy” of the House of the
Representatives, the House of Councillors can play an important role to prevent
the abuse of power by the ruling party and the Cabinet. It is because the
ruling party may not get the large majority in the House of Councillors, as
elections are held usually at the different time and as there are many
prefectural constituencies for two or more seats and since there are voters who
vote for the ruling party in the election for the House of Representatives but do
เอกสารประกอบการอภิปรายร่วมระหว่างผู้แทนจากต่างประเทศ
not vote for it in the election for the House of Councillors. As a result, there
occurred the situation in which the ruling party had a large majority in the
House of Representatives, but it is minority in the House of Councillors. This
situation is called a divided government or “the twisted Diet” in Japan. In this
situation, legislative bills submitted by the Cabinet and supported by the ruling
party may not be passed in the House of Councillors. To override this negative
decision of the House of Councillors, it is necessary to have two thirds majority
vote in the House of Representatives. When the ruling party or the ruling
coalition does not have the two thirds majority, it is impossible to use this way.
However, even when it has two thirds majority, this way cannot be used so
frequently, because it causes the criticism among the general public that the
ruling party abuses the majority power too much and inappropriately. Under this