Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

revision of the Constitution, while 51. 1 percent opposed any revisions. Later,


in 1993 , the result of a survey by theYomiurinewspaper showed that 50. 5 percent


of the people favored revision, while 33 percent opposed revision. The results


revealed the changing attitudes of the people, and a movement towards reforming


the Constitution gained momentum.


The LDP government advanced another argument for the revision of the present


constitution, namely that the Constitution is outdated and fails to meet the needs


of changing social and international circumstances, especially since there has


been no amendment to the Constitution since its drafting over sixty years ago.


For example, there are some proposals to add a bill of rights including new rights,


such as the right to privacy or the right to enjoy a healthy and clean environment.


In the year 2000 , research commissions on the Constitution were established in


both houses of the Diet. This was the first time that the Diet had established


such commissions since the Constitution entered into force in 1947. This was made


possible by a broad ruling coalition of three parties (the LDP, the Liberal Party, and


New Komeito), with support from one opposition party, the Democratic Party of


Japan (DPJ). The aim of such commissions is normally to propose revisions that


could lead to a complete rewriting of the Constitution. However, the commissions’


purpose was officially defined as “conducting broad and comprehensive


research on the Constitution of Japan” (Article 102 - viiof the Diet Law) and the


commissions were not granted authority to submit bills. In July 1999 , when


the commissions were authorized by the Diet, theAsahinewspaper interviewed


three prominent political leaders for their reaction. Yasuhiro Nakasone, a former


prime minister who for decades has led the push for revising the Constitution,


noted that the purpose of the two Diet Commissions is only to “openly discuss the


Constitution” and “the discussion will not be conducted on the a priori assumption


of revision.”^7


The two commissions held public hearings, sought expert testimony and advice


from many sources, and sent observers to examine the constitutions of the world.


Although the commissions discussed various aspects of the Constitution in a final


report published in April 2005 , they failed to present a consolidated view either for


or against constitutional amendment, and their reports resemble a detailed record


of their research rather than a final report. Deprived of the authority to submit bills,


the attendance rate by members of the Diet was very low and debates at the


commissions were subdued.


Meanwhile, in May 2004 , theYomiurinewspaper, which has the largest circula-


tion in Japan and is also known for its conservative stance, released the third draft


outline of its own proposed constitutional amendments. For the first time as a


major political party, the LDP also formed a Constitution Drafting Committee


(^7) Atsushi Odawara, “The dawn of constitutional debate” ( 2000 ) 47 Japan Quarterly 17 at
17 – 18.


56 Sakaguchi

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