Japan’s Constitutional Changes Could Echo through Asia
ASIA--PACIFIC, 22 Jul 2013
National Constitution Center – TRANSCEND Media Service
Possible changes to Japan’s constitution may restrict some rights and expand its military, having implications regionally and even in America. They also raise a basic question: Should it be easy to change a constitution?
Japan celebrated its Constitution Day on May 3 as controversy loomed over changes being led by Japan’s prime minister, Shinzo Abe, and his Liberal Democratic Party.
Japan marked the 66th anniversary of a constitution drawn up after World War II. It was written by American officials who were concerned with the possible return of Japan as a military power.
One constant discussion in Japan has been changes to Article 9, which limits the country’s military to a self-defense force. In recent years, the interpretation of Article 9 has been stretched to allow Japan to expand its forces.
But its military can’t take part in collective actions with U.S. forces, which is a growing issue as Japan and China boost their military spending.
Abe has made sure that in the upcoming elections in the upper house of Japan’s parliament (known as the National Diet), the central campaign issue is a constitutional revision beyond Article 9. He has pushed for significant changes to the country’s constitution–and for making the amendment process much easier.
The Liberal Democrats want to change Article 96, which requires two-thirds of both houses of parliament to approve a constitutional amendment before it goes to a national referendum for voters to approve.
This is similar to how the U.S. Constitution works, expect that state legislatures, not voters, ratify amendments in America.
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The change to Article 96 would allow just a simple majority of the Diet to approve a proposed amendment, and a simple majority of voters to ratify it in a national referendum.
Such a radical change could allow one party, if it controls a simple majority of the government and the electorate, to rapidly add amendments—which is the exact opposite of the system used in the U.S. Constitution.
For now, polls in Japan show strong support for the Liberal Democrats, but mixed signals about changing Japan’s constitution. Many Japanese voters remain undecided on the issue of constitutional change, according to some reports. One poll showed support for constitutional changes at just 39 percent.
Abe’s popularity may force the issue, since it’s possible that the Liberal Democrats could control two-thirds of both houses of the Diet after the summer elections or in coming years.
Japan’s current constitution was written in just a few weeks in 1946 by staffers who worked for General Douglas MacArthur.
The Liberal Democrats say they want a truly Japanese constitution that reflects their nation and its historic values–not those of the West.
Their draft version from 2012 is “appropriate to the times and circumstances of Japan,” the party said in a press release. That would include an emphasis on a traditional definition of family.
“It newly prescribes that a family shall be respected as a basic unit of a society and that family members should help one other,” the draft says.
Opponents believe that traditional definition could reduce rights held by women in Japanese society, since men hold the dominant role in family relations. They also think that free speech would become subordinate to a desire to keep “public order.”
But the bigger issue could be the fear of China and South Korea’s reaction to a Japan with a traditionally Japanese constitution.
“The real concern is that a couple of years later, we move to a redefinition of a ‘new Japan’ as an authoritarian, nationalist order,” Yale University law professor Bruce Ackerman told Reuters.
Last week, Abe said he saw no reason to explain Japan’s possible constitutional changes to China and South Korea. Both countries suffered harshly at the hands of Japan during World War II.
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Some relevant information on the above article for the TMS readers:
Compare Article 96 (on the amendment of the Constitution) of the existing Constitution of Japan with 100 (on the amendment) of the LDP draft constitution as follows. In addition, compare the Preamble of the Constitution of Japan with that of the LDP draft in order to understand the differences in the principles and spirit of these two versions. (The English translation of the Constitution of Japan is official, while that of the LDP draft constitution is unofficial.):
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1. The articles on amendments of the Constitution:
– THE CONSTITUTION OF JAPAN:
CHAPTER IX: AMENDMENTS
Article 96:
“Amendment to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification which shall require the affirmative vote of a majority of all votes cast thereon, at special referendum or at such election as the Diet shall specify.
“(2) Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.”
– THE LDP’S DRAFT CONSTITUTION:
CHAPTER X: AMENDMENTS
Article 100:
” Amendments to this Constitution shall be initiated by a member of the House of Representatives or of the House of Councilors, through a concurring vote of a majority of all the members of each House of the Diet, and shall thereupon be submitted to the people for ratification. The ratification, as provided for by law, shall require the affirmative vote of a majority of all the valid votes cast thereon, at the referendum.
“2) Amendments when so ratified shall immediately be promulgated by the Emperor.”
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2. The Preambles:
– THE CONSTITUTION OF JAPAN:
“We, the Japanese people, acting through our duly elected representatives inthe National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representative of the people, and the benefits of which are enjoyed by the people. This is a universal principle of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws, ordinances and rescripts in conflict herewith.
“We, the Japanese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security, and existence, trusting in the justice and faith of the peace-loving peoples of the world. We desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world have the right to live in peace, free from fear and want.
“We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations.
“We, the Japanese people, pledge our national honor to accomplish these high ideals and purposes with all our resources.”
– THE LDP’S DRAFT CONSTITUTION:
“Japan, having a long history and its own native culture, and holding the Emperor as the symbol of the unity of the people, is the State, ruled in accordance with the sovereignty resting with the people, under which the separation of powers in legislation, administration and judicature.
“Our country, Japan, having developed through the dilapidation by the last Great War and many great disasters, and occupying an important position now in the international community, shall improve friendly relations among nations and shall contribute to peace and prosperity of the world, based on pacifism.
“The Japanese people, by protecting themselves with a pride and spirit for the State and the homeland, by observing human rights, by respecting harmony, and by providing their families and their communities with mutual assistance, shall form the State.
“We, the Japanese people, respecting freedom and rules, protecting this beautiful land and its natural environment, and promoting education and scientific technology, shall develop the State through vital economic activities.
“The Japanese people hereby enact this Constitution to succeed the good tradition and their State to the decedents for a long time.”