First Meeting

Thursday, August 3, 2000

Meeting Agenda

1. Matters relating to the Constitution of Japan (Future proceedings of the Research Commission on the Constitution)

Members freely expressed their views on how the Commission should proceed in future.

2. Matters relating to requests for attendance of informants when the Diet is not in session.


Outline of Opening Remarks by Chairman Nakayama

>> In its proceedings before the general election, the Commission completed its research into the circumstances in which the Constitution of Japan came into being.

>> Japan is facing a host of important issues which include measures to address the declining birthrate and the aging of the population, reforms of the economic structure amid ongoing globalization, Japan's proper role as a member of the United Nations in promoting world peace, its approach to collective security in Asia, crisis management, protection of privacy in the information age, issues of bioethics raised by scientific and technological advances, global environmental problems, and promotion of a society in which both men and women participate fully. With regard to these issues, Japan is being called upon to assess the situation and make political judgments in an appropriate and timely manner.

>> In light of these conditions facing Japan, I believe that we should conduct broad and comprehensive research on the ideal Constitution from the standpoint of the Japanese people as a whole.

>> From September, this Commission is scheduled to conduct research on "a vision for Japan in the 21st century". Today, I would like to ask members to give their frank opinions on how the Commission should proceed in future, taking this schedule into account.


Outline of statements by Commission members (in speaking order)

TAKAICHI Sanae (Liberal Democratic Party)

>> In the Commission's discussions to date, I believe we have arrived at a common understanding that there is a gap between the ideals of the Constitution and reality with regard to the Preamble and such areas as security, government subsidization of private education, and the public good. Opinion was divided as to whether the Constitution has ceased to fit reality or reality does not correspond to the ideals of the Constitution, but I believe that the former is the case.

>> We should not be preoccupied with debating the legitimacy of the process by which the Constitution was formulated and enacted; rather, we should proceed with constitutional revision in order to address those areas in which, under the present Constitution, it is impossible to keep pace with changes in the circumstances of the country and its people--areas such as new human rights, the public election of Prime Minister, and the ideal bicameral system.

>> I hope that there will be an opportunity to discuss the Preamble, that regional public hearings will be held, and that next year we will commence practical discussions on an article-by-article basis.


KANO Michihiko (Democratic Party of Japan and Club of Independents)

>> From the viewpoint of an overall review of Japan in the 20th century and an outlook for Japan in the 21st century, it is essential that we conduct a forward-looking and robust debate. Such a debate should deal with the relationship between the Constitution and changes in the international situation and social and living conditions, on the premise that we continue to place great importance on the three key principles of "sovereignty of the people", "respect for fundamental human rights", and "pacifism" embodied in the Constitution.

>> We should study such matters as fundamental human rights, environmental issues, and international peace from the viewpoint of determining what is appropriate in the era of internationalization. Further, we should develop a model of Japan and Japanese society from the viewpoints of promoting full participation by both men and women and achieving a society that is barrier-free for people with disabilities.

>> We should study the relationship between public participation (in legislation) and the powers of the legislature, the ideal form of the parliamentary cabinet system, and the ideal structure of government, for example, decentralization of power.

>> We should analyze the present state of litigation involving challenges to constitutionality and discuss this in conjunction with debate on reform of the judicial system.


AKAMATSU Masao (New Komeito)

>> With regard to constitutional issues, (1) in 1974 the Komeito (then known in English as the Clean Government Party) declared its stance of safeguarding the Constitution; (2) in 1981 the Komeito stated that it could not recognize a right to collective self-defense, but that it recognized a right to individual self-defense; (3) the New Komeito now takes the stance that we should conduct debate on the Constitution, that is to say, we should debate issues concerning the Constitution while holding fast to the three key principles embodied therein, and should reach conclusions up to a certain point within a time frame of about ten years.

>> After conducting the debate, we should proceed with our studies (investigation) with a view to revising the Constitution from the standpoint of amending the three key principles by reinforcing or consolidating them.

>> The question of security, which is the most controversial issue, should be considered first and not postponed until later.


SHIOTA Susumu (Liberal Party)

>> In light of the changes in the situation in and beyond Japan and the new issues that have arisen therein, we should enact a new Constitution suited to the 21st century while holding fast to the three key principles embodied in the present Constitution.

>> After first discussing what kind of nation Japan should be, we should study the discrepancy between the Constitution and reality and, in particular, the question of alterations of interpretation, and we should also consider the Preamble and each chapter in concrete detail.

>> After obtaining a certain degree of consensus, we should draw up a rough draft of amendments to the Constitution.

>> Japan should aim to be a free and highly creative independent nation that values the spirit and the pride of the Japanese people, which are based on their history and tradition.


HARUNA Naoaki (Japanese Communist Party)

>> If we were to move away from constitutional issues and conduct a debate on our visions for Japan, we would be departing from the Commission's purpose, and there would be a danger that we would be paving the way for constitutional revision. We should therefore conduct research on the ideals of the Constitution and the reality in accordance with the stated purpose of this Commission, and a vision for Japan in the 21st century should emerge as a result.

>> Research should be conducted on the effects that the basic principles embodied in the Constitution have had on political and social realities.

>> We should improve the way the Commission operates; for example, the time allowed for questions and statements of opinion should be expanded in order to give more depth to our discussions.


HARA Yoko (Social Democratic Party)

>> We owe to the present Constitution the fact that female suffrage was recognized after the war, and the fact that a peaceful society without war has continued to this day.

>> However, despite the fact that Article 9 stipulates that war potential shall never be maintained, U.S. military bases are present in Japan, and there has been a succession of regrettable incidents, including noise problems and the recent case of indecency by an American serviceman toward a junior high school girl in Okinawa.

>> Although a movement to revise Article 9 exists, we should build security for the 21st century on a rational and intelligent basis without altering this article, which has become familiar to the Japanese.


KONDO Motohiko (21st Century Club)

>> We should not conduct the debate in terms of whether or not the Constitution was "imposed".

>> The text of the Constitution should be put into plainer language.

>> The Constitution is the cornerstone of the Japanese nation; we must conduct adequate research in future and ensure that the Constitution takes on greater immediacy for the people.

>> Public hearings should be held as soon as possible in order to stimulate a national debate.


NODA Takeshi (New Conservative Party)

>> The present Constitution was produced in a short period of time; by the same token, a lengthy debate will not automatically lead to a satisfactory conclusion. Revision of the Constitution should be carried out as soon as possible.

>> In discussing a vision for Japan in the 21st century, we should consider national strategies for the future in a global context, taking into account the international situation and not merely creating a model of Japan in terms of domestic affairs.

>> Research should also be conducted as soon as possible on current problems such as security, crisis management, protection of the rights of crime victims, and the ideal form of the family.


YAMASAKI Taku (Liberal Democratic Party)

>> It is regrettable that the Constitution was not a major point at issue in the recent general election.

>> I agree that we should conduct research on a vision for the nation in the 21st century.

>> Germany has amended its constitution more than forty times; Japan, too, should amend its constitution to meet contemporary needs.

>> We should not avoid the issue of security.

>> We should aim to develop a consensus on constitutional revision within five years, and the Constitution should be made an issue in the next general election.


SUGIURA Seiken (Liberal Democratic Party)

>> Thorough research should be conducted on a vision for the nation in the 21st century.

>> I intend to strive toward reform of the judicial system and realization of a regional system that supersedes the 47 prefectures (ken)  with much fewer but wider regions(do or shu).


KANEKO Tetsuo (Social Democratic Party)

>> Debate is needed on how to put the ideals of the Constitution into effect in the political arena.

>> We should listen to the voices of the public at large.

>> We should remember the devastation caused by the atomic bombings and the tragic nature of war, and, as the course of history leads from a century of war to a century of peace, we should disseminate the pacifist ideals of the Japanese Constitution to the world.


OKUNO Seisuke (Liberal Democratic Party)

>> In conducting research on the Constitution, we should proceed hand in hand with the people. It is important to prepare reports and release them to the public as the occasion arises, as well as submitting them for discussion by Members of the Diet.

>> We should recognize the gap between the political, economic, social, and other conditions at the time the Constitution was enacted and those prevailing at present.

>> We should enact a Constitution suited to an independent nation.


YAMAGUCHI Tomio (Japanese Communist Party)

>> We should conduct research regarding a vision for the nation in the 21st century, based on the three key principles embodied in the Constitution.

>> The pacifist ideals of the Constitution of Japan should be our guide for promoting world peace in the 21st century.

>> The questions facing present-day society, such as tax issues and environmental problems, should be studied with reference to the Constitution's provisions.


SHIMA Satoshi (Democratic Party of Japan and Club of Independents)

>> The problem of the discrepancy between the Constitution's provisions and reality is recognized by a majority of the people.

>> In conducting research on the Constitution, we should stimulate a national debate by various means, such as holding public hearings.

>> The Constitution contains provisions on human rights and the structure of government, and we need to discuss these two areas separately.

>> We should also establish subcommittees on each of the relevant topics in order to conduct discussions in greater depth among small groups of members.


YANAGISAWA Hakuo (Liberal Democratic Party)

>> The phrase coined by the late Mr. SHIBA Ryotaro, "the shape of Japan", refers not merely to the external vessel but, implicitly, to the spiritual culture of the Japanese who form that vessel.

>> The question of the gap between the Constitution and reality requires research, and to that end we should also make comparisons with other countries. We should conduct thorough research, particularly with regard to examples of legislation in neighboring countries, in considering such questions as collective security in Asia.

>> Through the medium of research on a vision for the nation in the 21st century, our approach should be to move from the general to the particular, but we should also carry on discussions of the particulars parallel to the general discussion at the same time.

ISHIGE Eiko (Democratic Party of Japan and Club of Independents)

>> In conducting research on a vision for the nation in the 21st century, we should discuss the outlook that we envision for Japan in the new century.

>> We should conduct in-depth discussions on how international agencies and other countries view various questions, especially the question of what position Japan should occupy in the world community, together with the food problem, bioethics, human rights issues, and a vision for the post-Cold War era.


YAMAHANA Ikuo (Democratic Party of Japan and Club of Independents)

>> The Constitution of Japan has never been revised because it has had great significance since the time of its enactment due to its pioneering nature, and because it continues to have the support of a majority of the people. Thus, even though discrepancies have arisen between its provisions and reality, these discrepancies have been dealt with through changes in interpretation.

>> With regard to those matters for which it is said that provision should be made anew in the Constitution, we should study the difference between the effects that would result from making provision in laws only and the effects that would result from making explicit provision in the Constitution.

>> Comparison with the constitutions of other nations is necessary. However, we should not be concerned with the number of times they have been amended, but should study the content of the amendments and the reasons they were made.


HATOYAMA Kunio (Liberal Democratic Party)

>> The fact that the Japanese Constitution has never been revised is due to the ideological confrontations that have surrounded it and the fact that the Constitution itself is rigid in nature.

>> Research should be conducted on procedures for amending the Constitution.


MORIYAMA Mayumi (Liberal Democratic Party)

>> In order to maintain compatibility between the two Houses of the Diet regarding such questions as the direction of their research on the Constitution, an opportunity should be provided for this Commission to hold joint discussions with the House of Councillors Research Commission on the Constitution.


OTA Akihiro (New Komeito)

>> Discussing the Constitution is synonymous with discussing the nation. In the society of the 21st century, we must confirm the identity of Japan and the Japanese. To that end, an ideological and philosophical discussion is necessary; we should therefore conduct research on the thought and philosophy underlying the text of the Constitution.

>> We should conduct discussions focused on the future with regard to the four sources of seismic change in the world today: information technology, the human genome, the environment, and citizen participation in governance.