Open Hearing in Sendai City

Monday, April 16, 2001

An open hearing was held in Sendai City, Miyagi Prefecture, in conjunction with investigations concerning the Constitution of Japan.  After statements were heard from the persons who had volunteered to attend the hearing to express their opinions (hereafter 'speakers' ), questions were put to them.

1.  Subject of the Hearing:  Constitution of Japan

2. Participating members of the Commission

3. Speakers:

  • TEJIMA Norio, Chairman, Sendai Association of Corporate Executives
  • KANO Fuminaga, Mayor of Kashimadai Town, Miyagi Prefecture
  • SHIMURA Kensuke, Professor Emeritus, Tohoku University
  • TANAKA Hidemichi, Professor, Faculty of Arts and Letters, Tohoku University
  • ODANAKA Toshiki, Professor, School of Law, Senshu University, and Professor Emeritus, Tohoku University
  • KUBOTA Manae, Representative, Women's Net to Support 1946 Constitution
  • YONETANI Mitsumasa, Associate Professor, Tohoku Fukushi University
  • HAMADA Takehito, Instructor, Hirosaki Gakuin Seiai High School
  • ENDO Masanori, Instructor, Senshu University Kitakami Senior High School, and  Representative of the Shimin Study Association
  • SAITO Takako, Chairwoman, Peace Activity Committee, Miyagi Consumers' Co-operative Society

Main points of Chairman NAKAYAMA's opening comments

Chairman NAKAYAMA explained the purpose of the hearing and presented a summary of the past discussions of the Research Commission on the Constitution.
 

Main points of statements by speakers

TEJIMA Norio

>>  I believe the basic principles of the Constitution should remain unchanged.  However, I believe there is a need to respond to the domestic and international changes which have occurred since the Constitution was promulgated more than 50 years ago.

>>  The following amendments come to mind.  [1] Inclusion of an appeal for the abolition of weapons of mass destruction, and explicit statements of principle concerning the creation of organizations for self-defense and crisis management in times of emergency.  [2] Inclusion of provisions enabling Self Defense Forces to participate in overseas peace-keeping operations and humanitarian support activities undertaken by international organizations.  [3] Inclusion of provisions strengthening the leadership of the prime minister to allow for prompt and flexible responses to important matters.  From among these issues, the process of Constitutional amendment should be started on matters of particular urgency as so recognized by the Diet.
 

KANO Fuminaga

>>  I have two very personal experiences regarding the Constitution.  The first was the surprise and excitement I felt upon encountering the new Constitution in junior high school.  The second was my decision to stand for election as mayor of Kashimadai Town in order to implement the "principle of self-government" provided for in the Constitution. These experiences have provided the foundation for my seven terms and 27 years of service.  During this time I have endeavored to reflect the principles of the Constitution in town administration through the adoption of a non-nuclear proclamation, the promulgation of a Town Charter, and the enactment of an Environmental Beautification ordinance.  I have also endeavored to promote decentralization of political power through flood control programs.

>>  Reviewing the recent discussions on constitutional revision, I feel that the Constitution of Japan can become the repository of universal human principles and an ultimate standard in the real sense only after it has weathered the present tests and difficulties.

>>  All citizens should receive a thorough education on the Constitution before graduating from junior high school.  This should be a prerequisite for launching a discussion of the Constitution.
 

SHIMURA Kensuke

>>  As a scholar in the field of bio-science, I would like to focus my comments on environmental issues.

>>  The Constitution has a direct bearing on the lives of human beings.  While there seems to be little interest in human co-existence with other forms of life, I would like to point out that in our discussions of global warming which has become a major issue, it is not enough to take a human-centered approach.  The energy problem is becoming more serious.  To cope with this, I believe we must enact a "Global Environmental Charter" in accordance with the rules and principles of natural science.

>>  From the perspective of bio-science, the Constitution of Japan contains some very valuable provisions.  In particular, the renunciation of war of Article 9 continues to gain more luster with the passage of time. We must hold fast to this provision and be prepared to pay an appropriate price to guard it.
 

TANAKA Hidemichi

>>  Japan can boast of its technological accomplishments and its economic might.  We have also built a peaceful society with the lowest level of disparity between wealth and poverty in the world.  This was achieved because we have lived by the principle of "valuing harmony" as enunciated by Prince Shotoku in the Seventeen-Article Constitution of the 7th century.

>>  Remembering how many countries of the world have engaged in cruel warfare, it is hypocritical to force the renunciation of war and the banning of the military on Japan as found in Article 9.  Ours should not be an "inward-looking Constitution" which considers only the happiness of those living in Japan.  Rather, the Constitution should be revised into an "outward-looking Constitution" so that the Seventeen-Article Constitution representing the traditional thinking of Japan can be universalized, enabling Japan to play an active role in arbitrating world peace.
 

ODANAKA Toshiki

>>  According to Article 99, the Diet members have the "obligation to respect and uphold this Constitution."  Therefore, the investigations of the Diet's Research
Commission on the Constitution should obviously be undertaken with the purpose of preserving the principles of the Constitution.

>>  The Constitution of Japan stands as a unified structure with provisions for a parliamentary cabinet system and the examination of constitutionality for the following reasons.  [1] According to the Preamble, an interdependent relationship exists between the principles of sovereignty of the people, constitutional democracy, liberty, peace and welfare.  [2] For the realization of these principles, it is essential to have certain provisions designed to prevent the expansion and aggrandizement of the government's administrative powers.

>>  From the perspective of practical function, the Constitution of Japan provides a lucid theoretical framework for coping with such contemporary issues as regional conflicts, globalization, and political and economic turmoil.
 

KUBOTA Manae

>>  In pre-war Japan, women had almost no rights.  But under the present Constitution, men and women are recognized to have equal rights.  The Constitution is widely supported by the people, and its ideals should be brought into our daily lives.

>>  It is often said that the 20th century was the century of war.  But it was also a century during which tremendous efforts were made toward the prevention of war.  Article 9 of the Constitution of Japan was highly acclaimed at the International Peace Conference held in The Hague.  Global opinion has shifted in the direction of banning nuclear weapons and anti-personnel mines.  Today, the idea that national armies exist to protect the people is no more than an illusion.  We must work to establish "human security" and to abolish war in the 21st century.
 

YONETANI Mitsumasa

>>  Article 13 contains comprehensive provisions for human rights based on respect for the dignity of the individual and personal rights.  However, there are limits to human rights. "Public welfare" and the "balancing of conflicting rights" are examples.  Human rights are not immediately equal to rights.  One cannot say that we have rights because our human rights are protected.

>>  Law follows where society leads.  Laws do not use people; laws are there to be used by people.  We should not create a constitution which transcends society.

>>  Article 25 contains provisions for the right to livelihood.  In its current form, Article 25 has no more content than a cake in a painting.  The wording must be revised,
or otherwise, supplementary legislation must be enacted.  In the past, shortcomings in the text of the Constitution have been compensated for through interpretation.  But we are approaching the outer limits of this process.  We need to revise the Constitution into something more familiar and accessible which will encourage people to express their opinions.
 

HAMADA Takehito

>>  I am a teacher by profession.  At the start of my career, I could not give a good answer to why I had become a teacher.  Later in my career, I was touched by an American teacher who said he was trying to avoid being a bad example to his students.  I was also deeply impressed by some Thai students who had a very focused vision of what they wanted to do to be able to help their communities in the future.  This helped me realize that it was not enough to teach the course material.  Since then, I have tried to join the students in thinking about various social problems.

>>  Dialogue with the students is very important for the teacher.  When the teacher presents his ideals and dreams, the students can be educated to aspire to world peace. Article 9 is a source of dreams and ideals for such teachers.
 

ENDO Masanori

>>  Political apathy rules in contemporary Japan and many people forgo the right to vote.  In order for the people to become the true sovereigns of the nation, we must expand the opportunities for participation in the political process.  Article 96 provides for a special referendum for the ratification of constitutional amendments.  This is the only provision under the current Constitution which allows the people to make a direct choice on policy from among alternatives presented to them by politicians.  In this scenario, the people are policy-choosers, while the politicians are policy-presenters.  This scenario should be utilized.

>>  Laws pertaining to the special referendum under Article 96 have yet to be enacted.  This is plain evidence of negligence on the part of the Diet.  Immediate action must be taken to enact a "Basic Law on Constitutional Amendment."  Regarding the provisions of Article 96 itself, for instance, the requirement of a "concurring vote of two-thirds or more of all the members of each House" should be revised to read a "simple majority of members present."
 

SAITO Takako

>>  I frequently feel that the provisions of the Constitution are not being observed in our daily lives.

>>  What has to be done now is not to revise Article 9 but to protect what came into being as a result of a great deal of sacrifice.

>>  Instead of arguing about the Constitution being "imposed on Japan," we should examine the reasons why the Constitution of Japan came into being in the first place, and consider the inadequacies of Japan's efforts to cope with lingering wartime problems.

>>  If the Constitution is ever amended, we can then expect to see a series of piecemeal revisions.  Therefore, the Constitution should be left untouched.

>>  Information about the Research Commission on the Constitution should be more widely published.  I would like the Commission to listen to the opinions of the people and proceed very cautiously.
 

Main questions and comments to speakers

NAKAYAMA Taro, Chairman

>>(Responding to Ms SAITO)  All information concerning this Research Commission is made public through the Internet and other means.  Furthermore, English summaries of our discussions are also made public and transmitted to the world.  We will remain committed to disclosure based on the understanding that the "Constitution belongs to the people in whom sovereignty resides."

>> (To all speakers) Article 99 of the Constitution states that "members of the Diet and all other public officials have the obligation to respect and uphold the Constitution."  At the same time, Article 96 stipulates procedures for the amendment of the Constitution.  What do you think is the relation between these two articles?
 

HANASHI Nobuyuki (Liberal Democratic Party)

>>(To Mr. TEJIMA)  Of the possible constitutional amendments you  mentioned, which do you yourself think to be the most urgent?  And, why do you believe these to be urgent?

>> (To Mr. HAMADA, Mr. ENDO and Ms SAITO)

In your daily work and activities, in what areas do you feel that there is a mismatch between the Constitution and contemporary realities?


SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)

>> (To Mr. KANO and Mr. TEJIMA)  My thinking on the Constitution can be briefly summarized in these words:  "the democratization of democracy."  What this means is that in the domestic arena, we must press forward toward the realization of the sovereignty of the people.  In the international sphere, Japan must take greater initiative in building a framework for peace in Asia.

>>  I believe many of our current problems are rooted in Japan's centralized political structure.  What is your opinion on revising the Constitution to include a statement to the effect that the local and national governments are equal, and an explicit provision for the autonomy of local governments in levying taxes?

>> (To Mr. ODANAKA) The Supreme Court's right of review of constitutionality is currently based on the examination of specific cases.  I feel this approach has come to its limits.  What is your opinion on the view that what Japan needs is a constitutional court system?
 

SAITO Tetsuo (New Komeito)

>>  (To Mr. HAMADA and Prof. SHIMURA) Regarding problems of global resources and energy, some argue that the Constitution should include an explicit provision for environmental rights.  What is your opinion on this?

>> (To Prof. SHIMURA)   You stated the opinion that Article 9 should be "protected and preserved, and we must hold fast to this provision and be prepared to pay an appropriate price to guard it." What is the price that Japan should be prepared to pay?

>> (To Mr. TEJIMA and Mr. ENDO) What is your opinion on the view that Japan should adopt a system for the public election of the prime minister?
 

FUJISHIMA Masayuki (Liberal Party)

>> (To Prof. TANAKA) You referred to "inward- and outward-looking" Constitutions.  What is the relation between this and the right of a nation to self-defense?

>> (To Mr. HAMADA) You referred to Article 9 as a "source of dreams and ideals."  In your classroom, how do you teach your students the reality of a world in which warfare persists?

>>(To Mr. ENDO)  Is it not the responsibility of the state to see to it that its citizens are not made to pay the monumental sacrifices brought on by a foreign invasion of the country?
 

HARUNA Naoaki (Japanese Communist Party)

>> (To Prof. ODANAKA) With regard to the commitment to permanent peace enunciated in the Preamble and in Article 9, what is your opinion on the pioneering nature of this commitment, and the actual conditions and possibility for its realization?  Also, regarding the human rights provisions which protect the right of livelihood and social rights, what is your opinion on the pioneering nature of these rights, and how do you think these rights should be exercised?

>> (To Mr. KANO) As mayor of your town, what is your opinion of the value of the Constitution of Japan?  How should the Constitution be used in protecting our livelihoods?
 

KANEKO Tetsuo (Social Democratic Party)

>>  (To Mr. TEJIMA) What feelings did you experience at the time when the Constitution came into being?

>> (To Mr. KUBOTA) I believe that any discussion of the Constitution is meaningless without prior knowledge and understanding of the huge sacrifices paid by the masses throughout Asia, including the people of Hiroshima, Nagasaki and Okinawa.  How would you respond to this?

>> (To Mr. ENDO) In your high school history classes, in what detail do you teach the history of war and pre-war Japan?
 

KOIKE Yuriko (New Conservative Party)

>> (To Mr. KANO, Ms KUBOTA, and Prof. YONETANI) In order to regain the public's confidence in politics, shouldn't provisions regarding information disclosure be included in the Constitution instead of merely being enacted through law?

>> (To Mr. TEJIMA and Prof. TANAKA) Although I believe that leadership by politicians is not incompatible with the "politics of consensus," its realization is not easy.  It is frequently argued that the public has lost confidence in politics because of the lack of leadership by politicians.  What is your opinion concerning the ideal form of political leadership under the Constitution?
 

KONDO Motohiko (21st Century Club)

>> (To Mr. ENDO and Mr. HAMADA) The present Constitution embodies very high ideals.  But the wording is extremely difficult.  What is the reaction of students when they first come into contact with the Constitution with wording that is so difficult to understand?

>>  (To Prof. YONETANI)  Various sections of the Constitution must be subjected to some very special interpretations to render them applicable to contemporary reality.  Articles 13 and 25 are examples of this.  Don't you think that we have come to the limit of such interpretative exercises?
 

Main points of comments from the floor

Following the responses to the questions posed by the members of the Commission, the chairman asked for opinions and comments from the floor.  Comments were received from the following two persons.
 

TAKADA Ken

>>  It was stated that the proceedings of the Research Commission on the Constitution are made public.  However, I would like to point out that the procedures for attending these hearings are cumbersome and complicated.  Also, for many people, it is not easy to access the Internet.  I would like to ask the Commission to inform the public more widely of its activities.


SATO Eiko

>>  I always thought that members of the Diet spoke only in line with the policies of the political parties to which they belong.  Having observed this session, I realize that the Diet members cherish the Constitution.

>>  I would like to see Diet members speak out with greater freedom on such issues as the nation's right to self-defense and basic human rights.  I would also like the Diet members to engage in direct dialogue with the public and ensure that the discussion gains greater depth.