It is important to use the start of new leadership both in ruling and opposition parties as an opportunity to vitalize discussions on constitutional revision at the Diet. Each party should present its own views and take positive action on the issue.
The ruling Liberal Democratic Party has put its Headquarters for the Promotion of Revision of the Constitution into action in a full-fledged manner. Seishiro Eto, former vice speaker of the House of Representatives, assumed the post of chairperson of the headquarters, with senior members, including those in the party's three executive posts as well as faction leaders, becoming advisers.
The LDP seems to be showing its stance of tackling constitutional revision, which is included in its party platform, with unified party efforts. It is hoped that the headquarters will promote in-depth and substantial discussions that are appropriate for its personnel.
The headquarters plans to draw up by the end of this year the party's official draft clauses on four items, including the addition of legal grounds for the Self-Defense Forces in the Constitution. The draft constitutional clauses compiled by the party in 2018 were considered a basis for further discussions, and did not go through the approval procedures of the party's General Council.
If the draft clauses to be compiled by the headquarters can be presented to the Diet as the party's official proposal for constitutional revision, discussions at commissions of the Constitution of both chambers of the Diet would gain momentum. It is a reasonable decision to move the procedures for constitutional revision forward, while leaving room for discussions with other parties.
At the first meeting of a committee to draft constitutional clauses within the headquarters, Eto expressed his intention to vigorously discuss the matter. It is necessary to thoroughly repeat discussions on the draft clauses, including their interpretation, before the examinations at the commissions of the Constitution in the Diet.
The focal point is the stipulation of the existence of the SDF in Article 9 of the Constitution. In the 2018 draft, a clause that would stipulate the maintenance of the SDF would be newly created in Article 9, while keeping the article's current Paragraph 1 and 2.
It would be significant to have the existence of the SDF, which is responsible for Japan's national security, clearly positioned in the Constitution. This will help dispel the lingering belief among some people that the SDF is unconstitutional.
On the other hand, if Paragraph 2, which rejects the possession of any war potential is left untouched, futile debate over whether the SDF constitutes "war potential" could continue. The drafting committee should reorganize these issues and carefully facilitate drafting of the clauses.
The new establishment of a state of emergency clause proposed by the LDP assumes a major earthquake and other natural disasters.
It may be advisable to examine what kind of provisions should be included in the Constitution and laws to deal with unexpected crises, such as terrorist attacks, armed attacks and the spread of new types of infectious disease, as well as natural disasters, by referring to cases in Europe, the United States and elsewhere.
The reorganized Democratic Party for the People is said to be drawing up a draft bill to revise the Constitution by the end of the year as well. Party leader Yuichiro Tamaki made it clear that he would not refuse to hold commissions of the Constitution in the Diet. The party apparently aims to differentiate itself from the Constitutional Democratic Party of Japan, which is cautious about constitutional debates. It is hoped that the DPFP will come up with proposals from various points of view.
In recent years, with the development of information technology, new issues have emerged, such as the necessity to balance the use of personal information with the protection of privacy. It is important to discuss how the Constitution should be from a broad perspective in line with the changing times.
-- The original Japanese article appeared in The Yomiuri Shimbun on Oct. 14, 2020.
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