Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

a political issue in a general election, and the LDP has generally refrained from


categorizing the issue in its immediate political agenda.


Recent reform movements


On November 22 , 2005 , the LDP released a draft proposal to reform the Consti-


tution. This draft was spawned by momentum from a movement in the 1990 s


towards reforming the Constitution. As mentioned above, the main justification in


the 1950 s for revising the Constitution was that the Constitution was deemed


illegitimate because the United States had imposed its will on Japan. Although


support can still be found for such an argument today, the main argument for


revision has shifted gradually from one of replacing an illegitimate constitution to


one of revising a legitimate but imperfect one.


In the late 1990 s, the prospects for revision began to take shape. The outbreak


of the Gulf War in 1990 had legitimized the LDP government’s decision to put


the problem of constitutional reform back on its political agenda. The Gulf War


focused world attention on Japan’s political unwillingness to contribute personnel


to a United Nations-endorsed multinational military and peacekeeping operation.


Although the Japanese government spent US$ 13 billion on financially supporting


multinational forces against Iraq, no troops were deployed, on the ground that


Article 9 of the Japanese Constitution prohibits the government from dispatching


the Self-Defense Forces (SDF) abroad.


The Gulf War generated international criticism of Japan due to its absence from


the multinational military force. The Japanese financial contribution seemed weak


to the United States government, and Japan was perceived as attempting to buy


its security. After the Gulf War, questions quickly emerged, along the lines of


“why isn’t Japan contributing in amounts commensurate with the size of its


economy?” and “why does Japan alone not have to suffer war casualties, but instead


can seemingly buy its way out of the Gulf War?”^6 Japan was expected to contribute


both financially and with a contingent of personnel.


The LDP government exploited this call for international peacekeeping to justify


reforming the Constitution. Since Japan was a leading world economy with


many Japanese living or travelling abroad, the LDP government harshly criticized


Article 9 as embodying a “one-country pacifism” and insisted on the need to meet


its international responsibilities.


This argument struck a chord with many Japanese people. Major Japanese


newspapers and public-opinion polling organizations periodically conduct surveys


of public opinion on various aspects of the Constitution. According to a survey


conducted by theYomiurinewspaper in 1991 , 33. 1 percent of the people favored


(^6) Kenneth L. Port,Transcending Law: The Unintended Life of Article 9 of the Japanese
Constitution(Durham, NC: Carolina Academic Press, 2010 ), p. 67.


Major constitutional developments in Japan 55

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