Meeting Agenda
1.Deputy Chairman of the Commission NAKANO Kansei (Democratic Party of Japan and Club of Independents) reported on the Open Hearing held in Sapporo on June 24, 2002.
2.The chairpersons reported on the progress and summarized the findings of their subcommittees during the current session of the Diet.
Reporters
- SHIMA Satoshi (Democratic Party of Japan and Club of Independents), Chairperson, Subcommittee on Guarantee of Fundamental Human Rights
- TAKAICHI Sanae (Liberal Democratic Party), Chairperson, Subcommittee on the Fundamental and Organizational Role of Politics
- NAKAGAWA Shoichi (Liberal Democratic Party), Chairperson, Subcommittee on Japan's Role in International Society
- YASUOKA Okiharu (Liberal Democratic Party), Chairperson, Subcommittee on Local Autonomy
3.Brainstorming discussions were held on matters concerning the Constitution of Japan.
4.Chairman of the Commission NAKAYAMA reported on the progress made by the Commission during the current session of the Diet. ( Click here )
Main points of the subcommittee chairpersons' summaries of research during the current session of the Diet
SHIMA Satoshi, Chairperson, Subcommittee on the Guarantee of Fundamental Human Rights
>> The point was made that the Constitution's plentiful and substantive provisions on human rights have a pioneering significance. At the same time, the point was made very frequently that, in view of the rapid changes presently occurring in the framework of the nation and society, the ideal form of the guarantee of human rights should be studied from many angles.
>> In view of the above points, we intend to conduct further debate on how human rights should be guaranteed, allowing for the possibility of constitutional revision. This debate will proceed from the viewpoint of whether the Constitution is suited to the times; for example, we will examine carefully and in detail the question of whether "new rights" (such as the right to know, environmental rights, and the right to privacy) are adequately guaranteed under the existing Constitution.
TAKAICHI Sanae, Chairperson, Subcommittee on the Fundamental and Organizational
Role of Politics
>> The public's interest in political participation and other aspects of public awareness are more highly developed today than they were when the present Constitution was enacted. We felt that it is necessary to consider what form of the parliamentary cabinet system, bicameral system, electoral system, and political parties will enable politicians to exercise leadership in order to respond quickly to constantly changing social conditions. We also felt it necessary to pursue in-depth discussion of the ideal system of judicial review of constitutionality, while bearing in mind the necessary relationship of tension between democracy and constitutionalism.
>> In future, we intend to conduct further debate on the proper fundamental and organizational role of politics in the twenty-first century (including such matters as the ideal form of the Emperor system), taking into account the history and traditions that form the background to the Constitution.
NAKAGAWA Shoichi, Chairperson, Subcommittee on Japan's Role in International
Society
>> The point was made that, in the arena of Japan's security and international cooperation, we should strive to realize the spirit of the Constitution and the United Nations Charter. At the same time, the point was frequently made that if we are to address the rapidly changing international situation autonomously, it is essential to study the issues involved from many angles, including the possibility of constitutional revision.
>> We intend to conduct further debate on Japan's proper role in the international community based on the above points.
YASUOKA Okiharu, Chairperson, Subcommittee on Local Autonomy
>> We reached a common understanding that further decentralization reforms are necessary to achieve full local autonomy, and that it will be essential, as part of these reforms, to transfer not only authority but also taxation and revenue sources from the central government to local governments. Many views were also expressed on such matters as the proper form of municipal mergers, the future of the prefectures, and the need to study a do-shu system, which would integrate the prefectures into a small number of states or provinces.
>> In future, taking these points into account, we intend to pursue a more in-depth debate from the viewpoint of further improving the system of local self-government, while focusing on a vision for Japan in the twenty-first century.
Main points of comments by members of the Commission (in order of presentation)
HANASHI Nobuyuki (Liberal Democratic Party)
>> In each of the four subcommittees established at the beginning of this session of the Diet, there has been some very productive research, with in-depth debate on individual articles of the Constitution and free exchanges of views among the Members.
>> Listening to the comments of Mr. ITO Tetsuo, who appeared as an informant before the Subcommittee on the Guarantee of Fundamental Human Rights, I felt the need to make explicit constitutional provision for a "duty to protect the country."
>> Rather than introducing popular election of the prime minister, we should consider a system that would enable the prime minister to exercise leadership within the parliamentary cabinet system. For example, perhaps we should consider establishing a framework in the Constitution to guarantee the prime minister's term of office.
>> With regard to the bicameral system, we should clarify the division of roles between the Upper and Lower Houses, and also establish differences in the methods of electing their Members.
>> In promoting decentralization, there is a need to strike a balance between regional independence and evenhanded development on a national scale. Also, in future I would like to discuss the do-shu system in terms of a concrete image.
>> It is important to consider how Japan can emerge from its "one-nation pacifism" and contribute to world peace based on the spirit of international cooperation expressed in the Preamble of the Constitution. As no one rejects the Constitution's pacifist principles (Article 9, Paragraph 1), I think that the issue for future debate has been narrowed down to what should be done about Article 9, Paragraph 2.
YAMADA Toshimasa (Democratic Party of Japan and Club of Independents)
>> In light of EU integration and the free trade agreements being concluded in many regions of the globe, I feel that Japan is isolated from the rest of the world. In my view, Japan is unable to have an adequate presence in the international community because it is hobbled by particular articles of the Constitution.
>> I believe that Japan has a mission, as the only nation that has experienced nuclear attack, to appeal to the world for the abolition of nuclear weapons.
>> I believe that Japan should take the lead in studying the possibility of dissolving the United Nations in order to create a world federation and providing that body with its own armed forces, courts, and so on.
AKAMATSU Masao (New Komeito)
>> Looking at the views expressed at the Open Hearings or sent in by the general public to the Commission's Public Forum, I feel that the arguments for preserving the Constitution as it stands revolve around Article 9, while those in favor of revision often concern points other than Article 9; thus, the themes of the debate have emerged clearly.
>> With regard to the gap between the Constitution and reality, I think that, instead of treating these as opposites and debating whether our position should be closer to one or the other, it is important to recognize that both are subject to change, and to engage in a debate where no topic is taboo.
HARUNA Naoaki (Japanese Communist Party)
>> At the Open Hearings, many speakers have commented on actual practices which are not in accordance with the Constitution, such as the unconstitutional nature of the emergency-response legislation, and discrimination against the Ainu people. The Commission should pay attention to these comments.
>> Any debate on making explicit provision for new human rights such as the right to privacy will be devoid of real substance in light of the present failure to abide by the Constitution, as seen, for example, in the Self Defense Agency's compilation of a list of persons who requested access to information, and the scheduled implementation of the Basic Residential Register Network System. The Commission should investigate the present reality, namely, that the Constitution is not being put into practice.
>> The informants invited so far to the Subcommittee on Local Autonomy have recognized as significant the fact that provisions concerning local autonomy were established in the Constitution. Also, I believe that "municipal mergers from above" and the proposed introduction of a do-shu system, which are both initiatives of the national government, are a distortion of local autonomy.
KANEKO Tetsuo (Social Democratic Party)
>> In the Open Hearings held in Okinawa and Sapporo during this Diet session, as at previous hearings, the view that Article 9 should be extended to encompass the whole world in the twenty-first century was repeatedly expressed. We should listen to these views seriously and consider how to act on them in the work of the Commission.
>> Since there are matters remaining to be investigated, I think that we should carry on with our research in the subcommittees, but that we should make some improvements in their operation, for example, the way that the free discussions are conducted.
INOUE Kiichi (New Conservative Party)
>> It is questionable whether the views of the speakers at the Open Hearings so far have been truly representative of local opinion. We should examine the method of choosing the speakers.
>> It has been two and a half years since the Research Commission on the Constitution was established, and it is time that we began the work of formulating concrete conclusions. Also, in our future investigations, we should pursue in-depth debate on specific themes.
ITO Kosuke (Liberal Democratic Party)
>> As the Comprehensive Decentralization Law has been implemented, there have been moves by local governments to institute taxes of their own. We should radically review the relationship between the central and local governments with regard to taxes and fiscal resources.
>> We should carry out structural reforms to clarify the relationship between the central and local governments. We should conduct studies without delay on the ideal form of the prefectures and the possible introduction of a do-shu system, taking into account the municipal mergers already under way.
>> With regard to the fundamental and organizational role of government, there are calls for strong prime ministerial leadership. Together with introducing popular election of the prime minister, we should consider the conditions that must be put in place (e.g., securing staff) to enable the prime minister to exercise leadership.
OIDE Akira (Democratic Party of Japan and Club of Independents)
>> From a constitutionalist viewpoint, I believe that revision of Article 9 is a necessary precondition for the proposed emergency-response legislation. I cannot agree to such a revision, however, because Article 9 is the foundation of the position that war is illegal.
KONNO Azuma (Democratic Party of Japan and Club of Independents)
>> The other day I visited the Nishi-Nihon Immigration Center and saw problems from a humanitarian viewpoint in the treatment of foreign detainees. The United Nations has also advised that Japan's refugee policy is inadequate in some respects. We should adopt a refugee policy that is consistent with the ideals of the Constitution and that fulfills our obligations in the international community.
YAMAGUCHI Tomio (Japanese Communist Party)
>> In conducting research on the Constitution, we should pay attention to the relevant contemporary conditions in the twenty-first century. Looking at the current international scene, I see a situation developing in which the ideals of the United Nations Charter and Article 9, with its renunciation of war, can be put into practice.
>> There is no need to change the basic principles of the Constitution. Where constitutional ideals are not being honored, efforts should be made in the legislature to honor those ideals and give them concrete form; for example, in determining the proper form of the electoral system or the system of judicial review of constitutionality.
>> A previous speaker stated that the focus of debate on Article 9 has been narrowed to what form Paragraph 2 should take. However, given the structure of the Constitution as a whole, Paragraphs 1 and 2 of Article 9 are an indivisible unit, and I cannot agree with discussing Paragraph 2 in isolation.
KITAGAWA Renko (Social Democratic Party)
>> The Preamble of the Constitution, I believe, affirms the right of all peoples of the world to live in peace, and can be seen as establishing that it is the duty of Japan to protect people who have fled from persecution in their own countries. However, the actual treatment of those who come to Japan seeking protection as refugees amounts to a violation of their human rights. We should take steps to protect the rights of refugees by revising the Immigration Control and Refugee Recognition Act in keeping with the intent of the Constitution.
BANNO Yutaka (Democratic Party of Japan and Club of Independents)
>> The various debates in the Research Commission have brought home to me the fact that many issues are closely related to the question of education. Also, I felt that how we inform the next generation about various matters relating to the Constitution is important.
>> To encourage interest in the Constitution, the public could be given more opportunities to think about constitutional matters, besides Constitution Day.
FUJISHIMA Masayuki (Liberal Democratic Party)
>> Some people understand the views expressed at the Open Hearings to mean that a majority of the public is opposed to revision of Article 9, but I do not think so.
>> In future sessions of the Commission, there is a need to speed up our deliberations; thus, we should discuss the ideal form of the text of each article of the Constitution.
SHIMA Satoshi (Democratic Party of Japan and Club of Independents)
>> In future, the Commission should carry out concrete investigations as to whether each article of the Constitution corresponds to reality.
>> In light of the fact that only Members of the Diet can initiate constitutional amendments, first the political parties should make clear their thinking on the Constitution, and then, on that basis, Diet Members should take the initiative in debating the issues.
>> The views expressed by speakers at the Open Hearings are quite different from the results of public opinion polls. In listening to the voice of the people, we must not ignore the views of the "silent majority." To that end, each political party and individual Diet Members should clearly state their views on the Constitution.
OKUNO Seisuke (Liberal Democratic Party)
>> In the constitutional debate, we should base our thinking on critical reflection on the existing Constitution, which was enacted as a result of Japan's defeat in the war. As part of that reflection, it is necessary to be aware of the GHQ's occupation policies. Also, we need to understand Japan's relationship with the rest of the world at the time when the Constitution was enacted in comparison with the relationship that we have today.
SUTO Nobuhiko (Democratic Party of Japan and Club of Independents)
>> Conditions have arisen that were not foreseen when the Constitution was enacted. Advances in gene technology are one example; Japan's overseas assistance and international contributions are another. I would like to consider what kind of Constitution we should have in keeping with these changes, and, in particular, what is needed to secure the peace and security of Japan.
>> In aiming for a new Constitution, the people most suited to be informants for this Commission are, I would suggest, those who are in touch with social realities, such as people who work with or are personally affected by issues on the front lines of society.
YASUOKA Okiharu (Liberal Democratic Party)
>> The system of centralized bureaucratic direction played a valuable role in Japan's economic growth. In future, however, if the regions are to realize their own potential and the nation is to prosper, there is a need for reforms leading away from centralization toward decentralization, and away from government control toward private initiative.
>> We should change to a system in which, as a rule, local affairs are handled by the basic units of self-government, while the larger units known as do-shu play a complementary role and the national government is responsible for such areas as foreign policy, defense, and currency control. We should also reform the system of bureaucratic control in the central government. It is not the bureaucrats but the politicians and the people who will design the new Japan.
NAGAI Eiji (Democratic Party of Japan and Club of Independents)
>> The crises seen in recent years in many fields, including the financial sector, industry, and education, stem from a condition of chronic dependency that has arisen in the psychology of the Japanese due to the outdated centralized structure of the nation's government. There is no time for endless debate. We should solve the problem quickly by transferring administrative tasks and fiscal resources to the local governments and carrying out reforms that will allow local districts to be autonomous and to act on their own responsibility.
TANIKAWA Kazuo (Liberal Democratic Party)
>> Unlike other countries that have revised their constitutions in keeping with the changing times, Japan can be said to have a rigid constitution which is one of the most difficult in the world to revise, due to the strict conditions placed on the amendment process in Article 96. Also, I have doubts about the term "initiate" in Article 96, and I would like to verify this and related points in future.
INOUE Kiichi (New Conservative Party)
>> I believe that constitutional revision is being discussed because a gap has arisen between the Constitution and reality. I think that we can eventually reach consensus on provisions other than Article 9 through an ongoing process of discussion. This area in which there is a polarization of opinion must be debated exhaustively.
>> There is a need to discuss the electoral system and the bicameral system in order to promote political reform.
SAITO Tetsuo (New Komeito)
>> At the subcommittee session to which Prof. TAKAHASHI Kazuyuki was invited as informant, there was discussion to the effect that since it is difficult to introduce a system to strengthen cabinet functions which would require revision of the Constitution, the existing system should be operated in such a way as to create a "national cabinet." But it seemed to me that to forgo discussion of the ideal system on the grounds that it is difficult to revise the Constitution would be putting the cart before the horse.
>> With science and technology at a high level of development, in view of bioethical and related concerns, we should debate to what extent genetic engineering, cloning, and so on are protected by the guarantee of academic freedom (Article 23).