Meeting Agenda
1. Appointment of new director
A director was appointed to fill a vacancy: NAKAYAMA Masaaki, due to the
resignation of NAKAGAWA Shoichi from the Commission; both are members of
the Liberal Democratic Party.
2. Matters relating to the establishment of Subcommittees
It was decided, after discussion, to establish a Subcommittee on Ideal
Constitution as Supreme Law; a Subcommittee on Security and International
Cooperation; a Subcommittee on Guarantee of Fundamental Human Rights; and
a Subcommittee on Ideal Government and Organizations.
3. Matters relating to requests for attendance by informants
It was decided, after discussion, to request the attendance of informants
in the Subcommittees.
4. Matters relating to the Constitution of Japan
A summary of the survey mission by the House delegation on the constitutions of the United States, Canada and Mexico was given by Head of Mission NAKAYAMA and was followed by comments by members of the Mission.
Members of the Commission engaged in free discussion.
5. A closing speech was made by Chairman NAKAYAMA.
Summary of the survey mission by the House delegation on the constitutions of the United States, Canada and Mexico
1. Composition of delegation
- Leader: NAKAYAMA Taro
- Deputy leader: SENGOKU Yoshito
- Members: NAKAGAWA Shoichi, YAMAGUCHI Tomio
2. Mission period
- Sunday, August 31, 2003 __ Saturday, September 13, 2003
3. Mission destinations
- United States: University of California at Berkeley, General Accounting Office (GAO), Congressional Budget Office (CBO), U.S. House of Representatives, U.S. Supreme Court and others
- Canada: Supreme Court of Canada, Department of National Defence, House of Commons of the Parliament of Canada, Privy Council Office
- Mexico: Universidad Nacional Autonoma de Mexico (UNAM), Supreme Court of the United Mexican States and others
4. Outline of the survey in the State of California
[1] Discussions with Barry KEENE, former member of the California State Senate, and Scott KEENE, political consultant to the Consulate General of Japan in San Francisco.
>> Significance and issues pertaining to the California State Constitution’s provisions for citizen participation.
[2] Lecture given by Chairman NAKAYAMA at the University of California at Berkeley
>> Chairman NAKAYAMA presented a lecture entitled “Activities of
the Research Commission on the Constitution of the House of Representatives
and the Japanese Constitution in the 21st Century.” Following some questions
and answers, Deputy Chairman of the Commission SENGOKU and Mr. YAMAGUCHI
were asked by Associate Professor Steven VOGEL to give their comments.
Chairman NAKAYAMA
>> The Research Commission on the Constitution is engaged in vigorous debate on the Constitution from such perspectives as the deep involvement of the General Headquarters of the Allied powers (GHQ) in the formulation of the Constitution of Japan, and the question of whether the present Constitution is good as it stands in light of the domestic and international changes that have taken place in the half century since the end of the war.
>> The various political parties have arrived at a consensus for
maintaining the system of the “Emperor as symbol.” However, the Commission
is engaged in continued debate on such matters as Article 9 and the establishment
of a constitutional court.
Deputy Chairman SENGOKU
>> Japan today faces three key issues: (a) concerns related to security and foreign relations; (b) the transition from a centralized system of government; (c) the framework for the guarantee of human rights for the “enrichment of democracy.”
>> As a nation under the rule of law, Japan should not resort to
further revision of the Constitution via interpretation.
Mr. YAMAGUCHI
>> The Constitution of Japan was formulated through a very “rich” process (including the presentation of constitutional drafts by various political parties, deliberations of the constitutional assembly, overwhelming popular support).
>> The provisions of the Constitution concerning the “Emperor as symbol” must be very strictly applied.
>> Article 9 of the Constitution is important to the peace and stability of Asia and the world and must be preserved.
[3] Discussions with political scientists and constitutional scholars
>> The political scientists and constitutional scholars expressed negative views concerning the actual application of the provisions for “citizen participation” said to be the most important feature of the California State Constitution.
5. Outline of the survey in Mexico City
[1] Discussions with Professor Serrano and Emeritus Professor Burgoa
>> Mexico seeks to maintain relations of equality with the United States, the superpower with whom Mexico shares borders. For this reason, Mexico does not join international treaties which place restrictions on its sovereignty in connection with the protection of national security, and has not provided a single soldier for any PKO effort.
>> Mexico has a system of “court for petition for protection.” This system functions to protect individual rights, as well as to preserve the Constitution.
[2] Discussions with Supreme Court Justice Góngora
>> The Constitution of Mexico empowers the Supreme Court to engage in the abstract review of the constitutionality of legislation. These powers are contained in the procedures for “constitutional dispute” and “petition concerning unconstitutionality.”
[3] Discussions with Former Foreign Minister Solana
>> The world situation today is leaning toward the uncontested hegemony of the United States. However, there are certain situations in which Mexico must say “no” to the United States.
>> The relations between Mexico and Japan will become increasingly important in such areas as the conclusion of a free trade agreement.
6. Outline of survey in Washington, D.C.
[1] Discussions with GAO Comptroller General Walker and CBO Director Hotlz-Eakin
>> The General Accounting Office and the Congressional Budget Office are required by law to respond to research and investigative requests from congressional committees. It is also customary to respond to such requests from individual members of Congress for the purpose of supporting the research of minority groups. Such requests have been increasing from year to year.
>> The term of office of the GAO Comptroller General is 15 years. This long term is intended to ensure the independence and administrative efficiency of this supporting agency of the Congress.
[2] Discussions with three members of the U.S. House of Representatives
>> The leading issue in next year’s presidential election will be the economy.
>> Very few bills for the amendment of the Constitution are actually ratified. However, such bills are constantly being submitted and debated upon.
>> Each member of the House of Representatives can have 22 official aides. For the two-year term of office, on average, each member receives $1 million to cover expenses related to their activities.
[3] Discussions with Deputy Secretary of State Armitage
>> It will be difficult for Japan to become a permanent member of the UN Security Council unless it makes some very fundamental decisions concerning the right of collective self-defense.
>> The Cabinet Legislation Bureau could be more flexible in its interpretations of Article 9. However, that is a decision that must be made by Japan and the Japanese people.
[4] Discussions with Supreme Court Justice Scalia
>> A comment was made that, because of the risk of the politicization of the judiciary, the American system of incidental review of constitutionality is preferable.
7. Outline of survey in Ottawa
[1] Discussions with Supreme Court Chief Justice McLachlin and Justice Bastarache
>> Canada has a system of “hearing of reference” (statement of Court’s opinion). Under this system, the Supreme Court may state its opinion on an inquiry concerning constitutional interpretation referred to it by the federal government.
>> The Supreme Court responds to such inquiries and hearings of reference only when it deems it appropriate to do so. It refuses to respond on “political questions.”
[2] Discussions with Director Robertson of the International Security Policies Bureau of the Department of National Defence
>> The size of the Canadian military forces is very small. Therefore, although the number of persons dispatched to PKO and other activities is small, the ratio of participation is second only to the United States.
[3] Discussions with Minister of State and Leader of the Government in the House of Commons Boudria
>> There is nothing prohibiting members of the public from serving as ministers of state. However, when such an appointment has been made, it is customary for the appointee to become a member of Parliament by standing in the next general election or by-election. In such instances, the standard practice is for the prime minister to ask for the resignation of a member of the ruling party and to thereafter call a by-election in which the appointee runs as a candidate.
[4] Discussions with Deputy Secretary Christie of the Privy Council Office
>> Canada’s diversity goes beyond “linguistic diversity” and “cultural
and ethnic diversity” and includes “demographic diversity” regardless of
the lopsided concentration of population in different parts of the country.
Main points of comments by Delegation members (in order of presentation)
SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)
>> During the tour of the mission, we were made aware of some very interesting systems for abstract review of constitutionality. These include: (a) statutory system allowing filing for declaration of unconstitutionality of a law even before a specific incident has arisen (United States); (b) system for hearing of the Supreme Court’s opinion on constitutionality of legislative bills prior to enactment (Canada).
>> I felt that Japan should also adopt a system of abstract review
for ruling on the constitutionality of laws in the absence of specific
incidents.
YAMAGUCHI Tomio (Japanese Communist Party)
>> During the tour of the mission, I was impressed by expressions of concern regarding the U.S. policy of pre-emptive attack and unilateralism. The war in Iraq violates the UN Charter and was an illegal and unjust war. Given the provisions of Article 9, Japan must not dispatch its Self-Defense Forces to Iraq.
>> I was also impressed by statements arguing that, when a gap exists
between the constitution and current realities, efforts must be made to
pull reality closer to the principles of the constitution.
Main points of comments by members of the Commission (in order of presentation)
Initial round of comments by representatives of each party
YASUOKA Okiharu (Liberal Democratic Party)
>> Instead of the “Western model” for catching up with and surpassing the West, Japan needs to develop an “independent model.” We need to review the current system of government based on the central bureaucracies and to comprehensively and systematically consider the adoption of a do-shu system.
>> We have to correct the feeling that “all is well so long as I am happy.” We need to once again consider the duties and responsibilities that must be met at various levels of community, such as the nation and society.
>> We have to discard the illusion of “one-nation pacifism.” Paragraph 2 of Article 9 should be deleted, and provisions concerning the right of individual and collective self-defense should be explicitly written into the Constitution.
>> In order to ensure clear and speedy constitutional decisions, we should consider the establishment of the functions of a constitutional court.
>> A law concerning national referendum should be enacted to facilitate
constitutional revision.
FURUKAWA Motohisa (Democratic Party of Japan and Club of Independents)
>> The powers vested in the Cabinet under Article 65 should be understood to mean “executive powers.” Acting on this interpretation, Japan should aim to adopt a premier-led parliamentary cabinet system that would allow the prime minister to exercise effective leadership.
>> Reforms are being held up because of the “dual structure of power” in three key areas: (a) the dual structure of the government versus the ruling party; (b) the dual structure of the prime minister versus other state ministers; (c) the separation of politics and the bureaucracy. These dualities must be corrected.
AKAMATSU Masao (New Komeito)
>> There are those who oppose the dispatch of Self-Defense Forces to Iraq. It seems that Article 9 is being used as an excuse for Japan to avoid involvement in dangerous situations.
>> Before even debating the revision of Article 9, what we need to do is to stop relying exclusively on the interpretations of the Cabinet Legislation Bureau. We need to establish appropriate interpretations that do not depart from what the international community accepts as common sense.
HARUNA Naoaki (Japanese Communist Party)
>> The war in Iraq violates the UN Charter. The war was supposedly justified by the purported existence of weapons of mass destruction. As none have been found, the war was illegal and unjust.
>> UN Secretary-General Anan has stated that the “doctrine of pre-emptive attack” poses a challenge to the principles of the UN Charter. This statement must be taken very seriously.
>> Japan should work toward building world peace and order in line with the ideals of Article 9. Japan should withdraw its support for the war in Iraq and should cancel the dispatch of Self-Defense Forces. It should also abolish the Anti-Terrorism Special Measures Law and concentrate its efforts on providing non-military humanitarian assistance.
KITAGAWA Renko (Social Democratic Party)
>> Military force does not solve problems. Therefore, it is necessary to discuss how current problems can be resolved under the ideals of the Peace Constitution.
>> The Self-Defense Forces should not take on a stronger military tone and should engage in activities based on the ideals of the Peace Constitution.
>> Given the need to verify the human rights conditions existing within the Self-Defense Forces, disclosure of information concerning the Self-Defense Forces is an urgent requirement.
>> Japan should foster trust and conflict-prevention through the series of initiatives it has participated in over the years, such as dialogue in the ASEAN Regional Forum.
NISHIKAWA Taiichiro (New Conservative Party)
>>It is of essential importance to enact a new constitution to serve as the foundation for nation building in the 21st century. The new constitution should be written in light of Japan’s history and traditions.
>> The new constitution should include explicit provisions on the following matters: (a) provisions concerning emergencies; (b) status of the Self-Defense Forces; (c) right of collective self-defense; (d) responsibilities and duties to the international community.
>> It is necessary to enact a law concerning national referendum to facilitate revision of the Constitution.
>> Decentralization should be promoted in order to allow local governments to fully exercise their powers.
Comments after the first round
OIDE Akira (Democratic Party of Japan and Club of Independents)
>> It is necessary to conduct research on matters where constitutional provisions are not being upheld. These include such matters as restrictions on fundamental labor rights and fiscal control by the Diet. The interpretation of Article 9 should also be investigated.
>> As in the case of domestic politics, an international political framework should be established to prevent human rights violations which occur as a result of wars and other developments.
OHATA Akihiro (Democratic Party of Japan and Club of Independents)
>> There is no reason to believe that the United States is engaged in the reconstruction of Iraq for purely idealistic purposes. In considering the future of Japan, it is necessary for us to investigate what the aims of the United States and other Allied powers were in their post-war rule of Japan and their participation in the formulation of the Constitution of Japan.
HIRAOKA Hideo (Democratic Party of Japan and Club of Independents)
>> It was reported by the survey mission that Deputy Secretary of State Armitage stated that “It will be difficult for Japan to become a permanent member of the UN Security Council unless it makes some very fundamental decisions concerning the right of collective self-defense.” What was the real intent of this statement?
> SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)
>> It is unclear whether the Deputy Secretary of State intended to
distinguish between the two concepts of “collective self-defense” and “collective
security.” It is conceivable that he views the United Nations as an extension
of bilateral alliances, and therefore does not differentiate between these
two concepts.
KANEKO Tetsuo (Social Democratic Party)
>> We should stop at this time to consider once again what the war in Iraq was about. We should very calmly investigate and verify the grounds and justifications for the war. We should then proceed to discussing the Constitution.
>> The dispatch of Self-Defense Forces to an Iraq occupied by U.S. and British forces and the exercise of the right of collective self-defense must not be allowed through the mere re-interpretation of Article 9. Such a course of action would be highly problematic from the perspective of the principle of constitutionalism.
>> The Constitution points to a path of problem resolution based on dialogue and international cooperation, not military action. We must recognize that peace is the result of walking this path.
HIRABAYASHI Kozo (Liberal Democratic Party)
>> Concerning the comment of Mr. FURUKAWA, we should take a very flexible stand on whether a strong prime minister or a weak prime minister is better because the answer to this question will differ according to the times. Regarding the powers of the prime minister, I believe the provisions of the present Constitution pose no problems.
>> Concerning the comment of Mr. OIDE, decisions on restrictions placed on the fundamental labor rights of public servants should be made under the authority and responsibility of the parliaments of each individual country.
>> We should prepare for crises but maintaining self-defense capabilities which correspond to the needs of the times and national power. For this purpose, the revision of the Constitution should be taken into consideration.
TANIKAWA Kazuo (Liberal Democratic Party)
(To Mr. FURUKAWA)
>> The Democratic Party of Japan advocates that “administrative powers” and “executive powers” should be differentiated. What is your political schedule for realizing this position? Furthermore, what was the process of discussion and deliberation that culminated in the enunciation of this position?
(To Mr. SENGOKU)
>> At the University of California at Berkeley, Mr. SENGOKU stated that “As a nation under the rule of law, Japan should not resort to further revision of the Constitution via interpretation.” What was the intent and background of this statement?
> FURUKAWA Motohisa (Democratic Party of Japan and Club of Independents)
>> I believe it is possible to adopt a premier-led parliamentary cabinet system under the present Constitution. However, I will continue to consider putting into coherence the wording of the provisions of the Constitution.
> SENGOKU Yoshito (Democratic Party of Japan and Club of Independents)
>> It is impossible to resolve such problems as the exercise of the right of collective self-defense and decentralization through mere interpretation of the Constitution without clarification of underlying principles.
>> Japan should take a leadership role in building a regional security system in Asia. The provisions of the Constitution should not hamper Japan in this endeavor.
OIDE Akira (Democratic Party of Japan and Club of Independents)
>> I agree with the comment made by Mr. SENGOKU stating that we need to establish a system for abstract review of constitutionality.
>> I believe we should examine the scope and boundaries of judicial power and other aspects of the separation of powers which contribute to inefficiency.
SAITO Tetsuo (New Komeito)
>> Considering the plight of the Iraqi people and Japan’s high level of dependence on Middle Eastern oil, Japan should actively participate in supporting the reconstruction of Iraq, including the dispatch of Self-Defense Forces.
>> The concept of security is undergoing major changes due to the advances in science and technology. This Commission should take this perspective into consideration in pursuing its discussions.
KONNO Azuma (Democratic Party of Japan and Club of Independents)
>> The Diet is currently deliberating on the extension of the Anti-Terrorism Special Measures Law. However, the government’s explanations of the reasons for extension are hardly clear. From the perspective of Article 41, this constitutes disregard of the Diet and cannot be permitted.