Meeting Agenda
1. Resignation of a director and appointment of a new director
SENGOKU Yoshito (Democratic Party of Japan and Club of Independents) resigned as director, and HOSOKAWA Ritsuo of the same party was appointed director to replace him.
2. Matters relating to the Constitution of Japan
Chairman NAKAYAMA Taro presented a brief report on the findings of the House delegation dispatched to survey the constitutions of Russia, several other European nations, and Israel; the report was followed by discussion.
3. Matters relating to requests for attendance by informants
It was decided, after discussion, to hear the views of informants on matters relating to the Constitution of Japan (A Vision for Japan in the 21st Century).
Summary of the survey mission by the House delegation on the constitutions of Russia, several other European nations, and Israel
1. Composition of delegation:
Leader: NAKAYAMA Taro
Deputy leader: KANO Michihiko
Members: HANASHI Nobuyuki, YASUOKA Okiharu, SENGOKU Yoshito, SAITO Tetsuo, YAMAGUCHI Tomio, KANEKO Tetsuo, KONDO Motohiko
2. Mission period:
Tuesday, August 28 - Friday, September 7, 2001
3. Mission destinations:
Russia: State Duma (lower house), Ministry of Justice, Scientific-analytical Center of Constitutional Justice, or Constitutional Court
Hungary: (Note 1)
Netherlands: First Chamber (upper house), Cabinet of the Queen, Ministry of the Interior and Kingdom Relations
Israel: Ministry of Justice, Ministry of Foreign Affairs, Knesset, persons with expert knowledge and experience
Spain: Council of State, Congress of Deputies (lower house)
Note 1. The delegation invited to the official residence of the Japanese Ambassador to Hungary officials of the Japanese embassies in Hungary, Poland, the Czech Republic, and Romania to give information and answer questions on the constitutions of those countries.
Note 2. The delegation invited to the Japanese Embassy to the Netherlands officials of the Japanese embassies in Sweden, Denmark, and Belgium to give information and answer questions on the constitutions and monarchies of those countries.
4. Outline of the survey:
Russia:
Information was given and questions were answered concerning the process
by which the new Russian constitution was enacted in 1993, the extent to
which it has permeated the public consciousness, the degree of parliamentary
control over the strong powers of the president, the practical circumstances
of cases brought before the Constitutional Court, and other matters.
Hungary, Poland, Czech Republic, and Romania:
Information was given and questions were answered concerning the process
by which these nations enacted and revised their new constitutions as a
series of democratic reforms following the collapse of the Soviet Union,
together with the characteristics of the new constitutions and other matters.
Netherlands:
Information was given and questions were answered concerning the legal
position of the Dutch constitution under the German occupation in World
War II, the history of the monarchy, the "monarchism, democracy, and
decentralization" that are regarded as being the three characteristics
of the Dutch constitution, and other matters.
Sweden, Denmark, and Belgium:
Information was given and questions were answered concerning the constitutional
position of the monarchy, including the powers and status of the monarch,
how this is effectuated in practice, and other matters.
Israel:
Information was given and questions were answered concerning the process
by which the system of popular election of the prime minister was introduced
and later abolished, and other matters.
Spain:
Information was given and questions were answered concerning the process
by which the Spanish constitution was enacted in 1978, the extent to which
it makes provision for rights, including "new rights," problems
with regard to the system of local governments, and other matters.
Main Points of Comments by Delegation Members
SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)
>> Under the new constitutional systems adopted by Russia and the Eastern European nations after the conversion of their political systems, institutional guarantees to curb autocratic government and secure human rights have been provided through various mechanisms, namely, constitutional courts, human rights ombudsmen, and children's rights protection officers.
>> Israel adopted a system of the popular election of the prime minister in order to enable the administration to govern with more stability; but the new system actually had the reverse effect, since numerous small political parties gained seats under proportional representation, and they held the casting votes that determined whether the administration could govern effectively. Accordingly, in Israel, we noted many negative comments regarding popular election of the prime minister.
>> As globalization progresses and, at the same time, nations become more diverse internally in terms of both population and attitudes, the challenges to be addressed will include adjusting the relationships between states and international organizations (for example, making constitutional provision to cede sovereign rights to an international organization, as the European Union's member states have done), together with creating efficient administrative structures and ensuring diversity.
SAITO Tetsuo (New Komeito)
>> I would have thought that popular election of the prime minister was an ideal system in light of the two functions of elections, namely, condensing and reflecting the will of the people. Yet in Israel, where such a system was tried unsuccessfully, the comments we heard were negative. However, I think it would be premature to reject the concept itself without fully taking into account the problems in the design of the particular system that was tried in Israel (the electoral system, the system of no-confidence votes in the Knesset, etc.)
>> By their very nature as free expressions of human endeavor, culture, academic learning, and the arts are not truly compatible with state involvement, but today there are many calls for public support to maintain and promote these sectors. In the Netherlands, such support is provided indirectly through the monarchy, so that cultural activities are not adversely affected by direct governmental involvement. In view of these facts, I believe that a similar perspective should also be taken up in discussions concerning the Emperor system.
>> Having observed how a number of other countries have amended their constitutions based on a national debate, I think it is important that we in Japan also proceed with the discussion of constitutional issues in a form that reflects public opinion.
YAMAGUCHI Tomio (Japanese Communist Party)
>> Our study of the circumstances behind a number of national constitutions made me aware that constitutional questions, while they are also linked to international relations, are closely bound up with the national life and history of the country concerned. There were several other points that I found especially noteworthy: [1] In Russia, against a background of political conflict, the parliament lacks sufficient control over the president. [2] The Dutch constitution is closely linked both to domestic conditions and to international relations, as seen in the fact that it draws on the history of reforms in mid-nineteenth-century Europe. [3] The system of popular election of the prime minister that Israel introduced in the hope of enabling the administration to govern stably ended in failure, but problems that were present in the system's design need to be taken fully into account. [4] Since the conversion of their political systems, the nations of Eastern Europe have placed importance on guaranteeing human rights.
>> The Constitution of Japan, whose contents include the pioneering principle of peace and ample provisions for human rights, was enacted based on reflection on the totalitarianism and the war of aggression in the nation's past. Like the constitutions of other nations, it is thus situated in the context of history and of reality. In future, we should set a course that puts the constitution fully into practice in the context of reality.
KANEKO Tetsuo (Social Democratic Party)
>> I believe that it is more important to pursue stable government by developing a parliamentary democracy that brings together diverse opinions than to provide stronger leadership by introducing popular election of the prime minister.
>> In countries that have constitutional courts, it seems that the public are aware of the constitution in their daily lives because of the cases brought before these courts. From the point of view of putting the constitution into practice in daily life, and also from that of checks and balances in policy-making, I think it is worth considering how functions similar to those of a constitutional court could be provided more fully.
>> In discussing constitutional issues, there is a need for adequate awareness of the underlying history and culture.
Main Points of Comments by Commission Members who did not go with the delegation
HARUNA Naoaki (Japanese Communist Party)
>> Each nation's constitution is directly related to aspects of that nation's identity such as its history and culture. In other countries, the constitution may have been revised a number of times in response to major changes such as reform of the political system or integration into the European Union, and we should beware of mechanically applying the experiences of those countries to our own constitution.
>> There is a trend toward placing importance on human rights. In Russia, for example, a large number of cases are being brought before such bodies as the Constitutional Court and the European Court of Human Rights; there is also the example of France's Constitutional Council (which our Commission visited last year), whose function as an organ for the protection of human rights is being increasingly emphasized. Efforts are also needed in Japan to bring our ample human rights provisions to fuller fruition.
ITO Kosuke (Liberal Democratic Party)
>> Israel's national conditions and culture are unlike those of Japan; it has many political parties that reflect religion and ethnicity, and under the proportional representation system a large number of small parties have gained parliamentary seats. While Israel's experience of adopting and then abolishing popular election of the prime minister is one from which we can learn, in considering the feasibility of such a system in Japan we should also study it from other angles which were not relevant in Israel's case.
FUJISHIMA Masayuki (Liberal Party)
>> I would like to hear the views of the delegation members on the relationship between the large number of constitutional amendments made in the countries that you visited, and the procedures that are available to them for amending their constitutions.
HANASHI Nobuyuki (Liberal Democratic Party) (replying for the delegation)
>> In Japan, the requirement that constitutional amendments be initiated by "a concurring vote of two-thirds or more of all the members of each House" is generally regarded as a hurdle. But in quite a few of the countries we visited, the constitution has been revised repeatedly even though they too have a "two-thirds or more" rule. In view of this fact, surely the requirement itself is not necessarily a hurdle?
NAKAYAMA Masaaki (Liberal Democratic Party)
>> The fact that the Japanese constitution was imposed by the United States has not been made public on the American side, even under that country's Freedom of Information Act. The Research Commission on the Constitution should take steps to ensure that, as a basic principle of Japan's foreign policy, we seek the release of information pertaining to that fact.