Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

chapter from “Renunciation of War” to “National Security.” It proposes amending


Section 1 of Article 9 in order to constitutionalize the SDF and adding a new


Section 2 on national defense and international peace co-operation.


The draft provides in Section 1 that “in order to defend the peace and inde-


pendence of our country and to protect the safety of the country and its citizens,


the Self-Defense Military, which is to be commanded by the Prime Minister as


commander-in-chief, should be established.” The new draft thus officially


renames the SDF and explicitly refers to the maintenance of a “self-defense


military.” This change is of interest because it would mark the first time since


the end of the Second World War that Japan has referred to its own armed forces


as a military.


However, we can find more important changes in Sections 2 and 3. The draft


provides in Section 2 that “in order to perform activities to fulfill the duties under


the preceding section, the Self-Defense Military must be subject to Diet approval


and other necessary control.” It also provides in Section 3 that


the Self-Defense Military is authorized to perform, as defined by law,


international co-operative activities in order to secure the peace and


security of the international society and activities to protect public


order and to protect the lives and safety of citizens in times of emer-


gency, in addition to activities permitted under section 1.


These changes allow Japan to participate actively with the United States and the


UN in various international military and peacekeeping endeavors.


However, constitutional revision is not the only route conservative politicians


should take to overcome the limits to militaristic action imposed by the CLB. There


is another route, which is to increase political pressure on the CLB to change its


interpretation of Article 9. In the past, Prime Minister Yasuhiro Nakasone, who, on


August 15 , 1985 , was the first postwar prime minister to visit Yasukuni Shrine in his


official capacity, organized a private advisory panel to investigate whether the


official visit and worship would be constitutional after he was met with some


resistance from the CLB. The advisory panel concluded that an official visit would


not violate the Constitution, and the CLB was forced to change its former guide-


lines prohibiting Cabinet ministers from participating in Shinto rites.^31


In April 2007 , Prime Minster Shinzo Abe established a prime minister’s advisory


panel to examine the question whether to revise the current interpretation of the


Constitution in order to permit Japan to engage in certain specified collective self-


defense operations. While the Abe government continued to advance the agenda


for constitutional reform to amend Article 9 , the appointment of this panel of


experts to reinterpret Article 9 was an effort to establish “an alternative path to


constitutional change as a hedge against the possible failure of the amendment


(^31) Samuels, “Politics, security policy, and Japan’s Cabinet Legislation Bureau,” p. 4.


64 Sakaguchi

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