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The State, Planning and the Public Interest: the Development of City Planning in Japan

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The State, Planning and the Public Interest: the Development of City Planning in Japan The State, Planning and the Public Interest: The Development of City Planning in Japan Kuniko Shibata Thesis Submitted for the degree of Doctor of Philosophy (PhD) 2007 The London School of Economics and Political Science UMI Number: U615878 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U615878 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 Declaration of Originality I, Kuniko Shibata, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. Signature: ritish Library of Political Abstract The recent development of civil society in Japan has resulted in considerable attention to the concept of the public interest. The increasing demand for accountability in its policy-making has led to an intense exploration of the concept of the public interest in Japanese planning practices. Despite this, comprehensive studies of the role of public interest in the development of Japanese planning are absent. Although the legitimacy of the public interest has been largely discredited among Western academics, the concept did have a significant impact in developing and shaping planning objectives and procedures in Western liberal states. Acknowledging the importance of the public interest for mobilising Western planning, this thesis investigates the origins and developments of the public interest in Japanese planning, within the framework of the country’s progress towards modernisation. Japan’s late entry to modernisation significantly affected its interpretation of the public interest and planning. As Japan’s prime modernisation objective was the creation of economic growth to establish sovereignty, the boundary between the state (public) and the market (private) led to contradictory planning regulations. Japan’s central bureaucracy dominated the public sphere to maintain the developmental state regime, by restraining and guiding civil society, as well as preventing local autonomy in planning operations. Moreover, whereas the rule of law protects citizens from the arbitrary powers of the state in Western liberal states, the legal justice in Japan’s planning system has not been very successful in defending the public interest as a collective concern for citizens. In fact, the public interest in Japan worked to prevent its citizens from challenging planning policies. The concept of the public interest has been so static in Japan that its planning policy has failed to be more accountable to its citizens. 4 Table of Contents DECLARATION OF ORIGINALITY ..................................................................................................................2 ABSTRACT .......................................................................................................................................................................3 TABLE OF CONTENTS ............................................................................................................................................. 5 USAGE FOR JAPANESE NAMES ........................................................................................................................8 P A R T O N E ........................................................................................................................................................................9 CHAPTER ONE: INTRODUCTION TO THE STUDY ............................................................................. 10 1.1. Ja pa n : C ontradiction within the Eco n o m ic Su per po w er .................................................. 14 1.2. D eba te on Planning a nd the Public In t e r e s t ......................................................................... 18 1.3. Re sea r ch D e s ig n ........................................................................................................................... 27 CHAPTER TWO: THE PUBLIC INTEREST AND THE MODERN STATE ................................ 41 2.1 Th e D ev elo pm en t of the M odern Sta t e .....................................................................................42 2.2 T he B irth of Ja pa n ’s D evelopmental St a t e ............................................................................ 49 2.3 T he P ublic Interest in the M odern Sta te in th e W e s t .......................................................54 2.4 T he P ublic Interest in Ja pa n ’s M odern St a t e ........................................................................63 2.5 C o n c l u s io n .............................................................................................................................................. 77 P A R T T W O .................................................................................................................................................................... 80 CHAPTER THREE: BUILDING A NATION-STATE: THE ORIGINS OF JAPANESE PLANNING SYSTEM, 1868-1945 .........................................................................................................................81 3.1 E a rly N atio n -State Bu il d in g ........................................................................................................ 82 3.2 T h e O rigins of th e Ja panese Planning Sy st e m ........................................................................88 3.3 C haracteristics of the P re-w ar Planning Sy s t e m ............................................................ 107 3.4 T h e P ublic In terest in Ja pa n ’s Pr e-w a r P la n n in g Po l ic y ...............................................118 3.5 Co n c l u s io n ............................................................................................................................................ 123 CHAPTER FOUR: JAPANESE PLANNING IN THE RECONSTRUCTION ERA, 1945-1955 ........................................................................................................................................................................................... 125 5 4.1 T h e D e m o c r a tis a tio n o f J a p a n........................................................................ 126 4.2 T h e Failure of Ja pa n ’s Post -w ar Reconstruction ............................................................132 4.3 Politics of Post-war Reconstruction......................................................................................143 4.4 T he D ev elo pm en t of Ja pa n ’s Post -W ar Plan ning M o d e l .............................................. 153 4.5 Co n c l u s io n ............................................................................................................................................160 CHAPTER FIVE: PLANNING FOR THE ECONOMIC MIRACLE, 1955-2007 ........................166 5.1 Spatial Strategies fo r the E conom ic M ira cle .................................................................... 167 5.2 Im pacts of P lan ning Developm ent from 1955.......................................................................169 5.3 C itizen s’ M ovem ents - In Search of the P ublic In t e r e s t .............................................. 176 5.4 T he 1968 C ity P lanning A c t .......................................................................................................... 182 5.5 T he Failure of G row th Pole D ev elo pm en t ............................................................................189 5.6 Plan ning policy in the global eco n o m y ..................................................................................192 5.7 Co n c l u s io n ........................................................................................................................................... 211 P A R T T H R E E .............................................................................................................................................................217 CHAPTER SIX: JAPAN’S PLANNING INSTITUTIONS AND THE PUBLIC INTEREST..218 6.1 T h e Legisla tion Process and the Public In t e r e s t .............................................................219 6.2 pl a n n in g A dministration and the Public In t e r e s t ........................................ 234 6.3 T he Co urt and the P ublic In terest in Pl a n n in g ..................................................................247 6.4 C o n c l u s io n ............................................................................................................................................263 CHAPTER SEVEN: THE USE OF THE PUBLIC INTEREST IN PLANNING COURT CASES ........................................................................................................................................................................... 266 7.1 T he D o m in ance of D evelopm ent Priorities in Leg a l Ca s e s ...........................................270 7.2 Th e L ega l D im ension of the A uthoritarian St a t e ............................................................288 7.3 T he R o le of
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