Ninth Meeting

Thursday, May 11, 2000

Meeting Agenda

1. Matters relating to the Constitution of Japan (Details of the formulation and enactment of the Constitution)

A free discussion was held to conclude the Commission's consideration of the details of the formulation and enactment of the Constitution of Japan.

2. Report on the results of the call for essays "What I Expect of the Research Commission on the Constitution".

Chairman Nakayama reported on the submitted essays. It was agreed to have outstanding essays carried as references in the minutes of the meeting.


Outline of statements by Commission members (in speaking order)

YASUOKA Okiharu, Liberal Democratic Party

>> It is clear that the present Constitution was drawn up in a very short time by GHQ during the Occupation, when Japan did not have sovereignty.

>> The Preamble, which was modeled on that of the Constitution of the United States of America, is inappropriate because it does not correspond to the conditions of Japanese society.

>>From now on, we should review the ideal "shape of Japan", especially its national security arrangements, and address crisis management and global environmental problems.


ISHIGE Eiko, Democratic Party of Japan

>> With regard to the human rights provisions established by the enactment of the present Constitution, it is essential that we examine whether these are adequate from the viewpoint of international relations.

>> There is also a need to examine the individual laws which concretely embody the provisions of the Constitution.


HIRATA Yoneo, New Komeito and Reformers' Network

>> I believe that the arguments for constitutional revision (kaiken)  or creation of a new constitution  (soken)  on the grounds that the present Constitution was "imposed" have already been negated. The present Constitution was a constitution of the people from the time of its enactment.

>> The Ashida amendment is very significant. With regard to the interpretation of Article 9, we should conduct a constitutional debate which goes back to the starting point.


SASAKI Rikukai, Japanese Communist Party

>> In its process of formulation and enactment, the present Constitution reflected domestic and foreign public opinion during a time of great upheaval as the transition was made from militarism to democracy, and the argument that it was "imposed" fails to recognize this historical reality.

>> Japan should not rely for her security upon military power but upon the framework of [world] peace.


NAKAMURA Eiichi, New Conservative Party

>> Just as there are prominent scholars who maintain that the Pacific War should be called the "Greater East Asian War for the Liberation of Asia", so views of the present Constitution vary widely among different commentators.


TASSO Takuya, Liberal Party

>> The present Constitution is like a bilateral treaty with the United States.

>> To this day, the Constitution remains entirely unchanged. This is due partly to its rigidity but largely to the absence of consensus building on the revision.


FUKADA Hajime, Social Democratic Party

>> The argument that the Constitution was "imposed" no longer merits consideration.

>> What counts is to translate the spirit of the Constitution into our daily living. For that purpose, research is needed.

>> For the future, our party holds that there is a need for: 1) the participation of independent Members in this Commission; 2) research on lawsuits based on constitutionality ; 3) research on whether or not the Constitution has become a barrier to "new rights"; 4) research on how successive governments have perceived the Constitution.


HANASHI Nobuyuki, Liberal Democratic Party

>> I believe that the so-called Matsumoto draft was an enlightened proposal which aimed at a British-style constitutional monarchy, and that it should be reevaluated.

>> Because the present Constitution abandoned the traditional culture of Japan, it has aspects which are exerting a negative influence on the hearts and minds of the Japanese at a deep level, as reflected by the recent spate of juvenile crime.

>> It is necessary to amend Article 9, paragraph 2 and to enact a people's constitution suited to the 21st century.


FUJIMURA Osamu, Democratic Party of Japan

>> One can view the enactment of the present Constitution as having been possible only because of the social background at the time, that is, the great changes that were occurring in the situation at home and abroad; but is there not a lack of adequate recognition that Japan today has come to a crossroads of change?

>> Inappropriate points in the Constitution need to be rectified to meet the circumstances prevailing at home and abroad.

>> Though the Constitution was undeniably "imposed", it produced unexpectedly good effects on the people's lives, leading to its gradual acceptance by the people, since democracy in Japan was its infancy at the time.


SUGIURA Seiken, Liberal Democratic Party

>> As we approach a major turning point from one era to the next, we should give forward-looking consideration to constitutional revision without delay, taking as our point of departure a vision for the Japan of the future.


ISHIDA Katsuyuki, New Komeito and Reformers' Network

>> It cannot be denied that the Constitution was "imposed", but that is not automatic grounds for its revision. I believe that, since its enactment, it has been recognized as the people's Constitution.

>> In light of the relationship between changing social conditions and the Constitution, together with the growing public interest in revision of the Constitution, I hope for a constructive and forward-looking discussion on constitutional revision.


ISHIBA Shigeru, Liberal Democratic Party

>> There is no denying that the present Constitution was "imposed", but this does not mean that it should therefore be considered invalid.

>> Due weight must be given to the position and role Japan plays in this post-Cold War international arena, at the same time giving adequate consideration to the argument that the interpretation of the Constitution has evolved.


TANAKA Makiko, Liberal Democratic Party

>> It is essential that we conduct a national debate on our understanding of war responsibility and the proper form of the Emperor system, rather than viewing these subjects as taboo.


TAKAICHI Sanae, Liberal Democratic Party

>> Amendment of the Constitution is anticipated in the provisions of Article 96; accordingly, positions which presuppose revision of the Constitution should not be viewed as heretical.

>> It is the duty of Members of the Diet to discuss the future direction of Japan, for the sake of the happiness of the people and the prosperity of the nation.


SHIMA Satoshi, Democratic Party of Japan

>> It is a fact that the present Constitution was "imposed", and yet the people back then settled for it to safeguard the Emperor system, making it last to this day. This fact deserves to be emphasized.

>> In light of the fact that the present Constitution was enacted before the Cold War, we should reconsider Article 9, paragraph 2.

>> It is high time to consider introducing in this country a new system of autonomous regional governments -- fewer in number but wider geographically than the current [47] prefecture system -- and direct democracy.


YANAGISAWA Hakuo, Liberal Democratic Party

>>In addressing a revision of Article 9, it is vital to realize that we have to do it in such a way as to secure the understanding of the international community.

>> Practicing unilateral pacifism is foolhardy; that our country ought to explore avenues to enter into some international arrangements for collective security.


NAKASONE Yasuhiro, Liberal Democratic Party

>> Upon Japan's return to independence, Prime Minister YOSHIDA Shigeru thought privately that the Constitution must be revised.

>> Since sovereign power resides with the people, the Constitution should be created by the people themselves. Japan should strengthen the foundations of the state and become a nation that will not be held in low esteem by other nations.

>> In the upcoming general election, candidates running for this House should clarify where they stand on the Constitution and the Basic Law on Education, and act in such a way as to invite popular judgement on their positions.


NAKANO Kansei, Democratic Party of Japan

>> Since its enactment, the Constitution has fulfilled its role well for over fifty years, and the argument that it is invalid can only be called irrational.

>> Establishing a constitutional court like that of Germany would make it possible to seek the court's decisions on specific issues and then carry out constitutional revision based on those decisions.


HOZUMI Yoshiyuki, Liberal Democratic Party

>> The present Constitution has contributed greatly to Japan's postwar development.

>> All three of the key principles embodied in the Constitution are presently facing great problems, but these problems should be solved from the standpoint of "coexistence".


YOKOUCHI Shomei, Liberal Democratic Party

>> The Japanese Communist Party opposed the present Constitution in the Diet session at which it was enacted, but has now reversed its position completely. When did the party change its attitude in this way, and by what procedure?

>> Since the intentions of the Ashida amendment have become clear, we should reflect them in revision of the Constitution.


HARUNA Naoaki, Japanese Communist Party

>> The Japanese Communist Party has consistently held that Japan possesses the right of self-defense.

>> The argument that the Constitution is invalid is no longer tenable, and the argument for revision of the Constitution on the grounds that it was "imposed" has lost its force.

>> The present Constitution has won support at home and abroad and become firmly established. It is important that we endeavor to shape reality to fit the ideals of the Constitution, which are valuable in being highly pioneering in nature.


OKUNO Seisuke, Liberal Democratic Party

>> This Constitution came into being through GHQ orders, interventions, and censorship. A nation taking pride in itself must have a Constitution of its own making.


OTA Akihiro, New Komeito and Reformers' Network

>> The fact that the three key principles embodied in the present Constitution were both universal and inspiring to the people at the time forms the basis of support which has lasted to this day.

>> Nevertheless, because the Constitution was formulated and enacted in a very short time, the problem of how to reconcile the clash of modern European civilization (which forms the ideological basis of modern constitutions) and traditional Japanese culture has remained unsolved to the present day.


KOIZUMI Junichiro, Liberal Democratic Party

>> The Constitution should be worded as plainly as possible; Article 9 should be revised using clear expressions so that Japan will be able to maintain armed forces and participate in international cooperation.

>> Electing the Prime Minister by direct popular vote should be institutionalized as the beachhead for obtaining the public consensus on constitutional revisions.


HIRANUMA Takeo, Liberal Democratic Party

>> As a country where the rule of law is firmly established, Japan ought to show its own independent worth to the world by severing itself from the current Constitution which has been nothing but an imposed instrument of the Occupation.

>> To demonstrate to the world that Japan is truly independent, the people ought to work out a brand-new Constitution on their own.


MAEHARA Seiji, Democratic Party of Japan

>> The successive administrations have been in error in making false distinctions by separating the non-collective self-defense from collective. The Constitution should stipulate the self-defense as a single unified concept.


NAKAGAWA Shoichi, Liberal Democratic Party

>> The present Constitution was enacted under the Occupation, in a situation in which Japan did not have sovereignty; it was not enacted by Japan itself, nor has any action been taken since then to have it confirmed by the people.

>> It is nonsense to argue that we should shape reality to fit the provisions of the Constitution; we should proceed freely with our discussion, starting with a clean slate and examining closely what provisions are desirable and which provisions should be retained, based on reality.


NISHIDA Takeshi, New Conservative Party

>> To carry out revisions that meet the needs of the times is to show true respect for the Constitution.

>> The Constitution should have a provision stating that Japan will positively take part in concerted efforts for international peace.


ABE Shinzo, Liberal Democratic Party

>> The Preamble places trust in "the justice and faith of the . . . peoples of the world" and lacks a concept of national security; it is therefore in need of review.

>> Collective self-defense is a natural right; the government's interpretation that Japan "possesses but cannot exercise" this right is inappropriate.


HIGASHINAKA Mitsuo, Japanese Communist Party

>> No expert witness has held the Constitution null and void on account of its origin. The Constitution's contents are not something that were "imposed".

>> This Commission ought to devote itself to research, not to dwell on constitutional revision.


FUNADA Hajime, Liberal Democratic Party

>> The points of the Constitution which are not compatible with reality should be revised; to ensure that this is done in a timely manner, partial amendment is preferable. In particular, we should discuss the introduction of popular direct election of the Prime Minister and explore anew the raison d'etre for the bicameral Diet.

>> Since considerable time will be needed to obtain a popular consensus on the exercise of the right of collective self-defense, the debate on Article 9 should be limited to the right of individual self-defense and collective national security.


OKUDA Mikio, Liberal Democratic Party

>> We should first confirm the principles of popular sovereignty, respect for fundamental human rights, and that Japan will not become an aggressor nation, then identify as items for further study those points on which the Constitution does not correspond with reality, and proceed with our discussion on that basis.


IWAKUNI Tetsundo, Democratic Party of Japan

>> The Constitution, legislated under the Occupation, is long overdue for revision. We ought to have a Constitution made by ourselves.

>> In revising the Constitution, there must not be a disparity in the value of individual votes; we should first create a fair environment.


YAMAZAKI Taku, Liberal Democratic Party

>> Constitutional revision requires Japan to make an international contribution in the field of security arrangements, not just unilateral pacifism, and for an individual to uphold the human rights of other persons, not just his or her own. A revised Constitution must state Japan's right to defend itself.

>> To invite the judgement of the people, each political party ought to state its own position on a possible constitutional revision well in time for the House of Councillors election in year 2001, and its own revision draft well in time for the House of Representatives election which will immediately follow the House of Councillors election. Then both Houses should proceed with the revision draft together.


FUTAMI Nobuaki, Liberal Party

>> I firmly uphold the spirit of Article 9, Paragraph 1, but it would be better to state clearly that Japan will not conduct a war of aggression. The second paragraph should make specific provision for cooperation with United Nations peace-keeping operations.

>> In future sessions of the Diet we should discuss concrete opinions without repeating the current session's debate; we should pursue the discussion in such a way that it will yield a definite direction in five years' time.


ITO Shigeru, Social Democratic Party

>> We should conduct the constitutional debate from the viewpoint of drawing up blueprints for a new nation and a new society.

>> Discussion on security arrangements which Japan may enter ought to address their common acceptance in Asia.


MITSUZUKA Hiroshi, Liberal Democratic Party

>> While retaining the three key principles of the current Constitution, the revised one must expressly provide for the Self-Defense Forces and the nation's determination to strive for the elimination of nuclear weapons.

>> Curtail world military spending by 10 percent and spend the surplus on eliminating nuclear weapons and preserving the global environment.


KANO Michihiko, Democratic Party of Japan

>> It is our responsibility and mission for the rising generations to get over the arguments that "the Constitution was imposed" and to press ahead in discussion.

>> It is central for our discussion to keep in our mind that the 21st century is destined to be the age of devolution and autonomy.


ISHII Hajime, Democratic Party of Japan

>> A new configuration must be explored for the House of Councillors as distinct from the House of Representatives (for instance, whether the House of Councillors should gather under its wing all the experts who are currently attending various councils of the Administration). We should also study the introduction of a system of direct public election of the Prime Minister.

>> The Constitution must expressly uphold the Self-Defense Forces and the idea of [transforming our society into] a recycling-oriented society.