Meeting Agenda
1.Resignation of directors and appointment of new directors
Two new directors were appointed from the Commission members:
FUKUDA Yasuo, upon the resignation of ONO Shinya from the Commission; both are members of the Liberal Democratic Party.
EDANO Yukio, upon the resignation of SENGOKU Yoshito from the Commission;
both are members of the Democratic Party of Japan and Club of Independents.
2.Nomination of Deputy Chairman of the Commission
EDANO Yukio (Democratic Party of Japan and Club of Independents) was nominated
Deputy Chairman of the Commission.
3.Matters relating to the Constitution of Japan
A report was heard from the chair of each Subcommittee; each report was followed by free discussion.
Report by the Chairman of the Subcommittee on Security and International
Cooperation, and free discussion
Regional security, including the FTA issue from a constitutional viewpoint
Report by Subcommittee Chairman KONDO Motohiko (Liberal Democratic Party)
Main points
>> Comments on the ideal form of regional security included the view that, in thinking about a regional security framework in Asia, it is necessary to consider whether to recognize the exercise of the right of collective self-defense and whether such recognition should be subject to conditions, and the view that Japan should improve its peaceful diplomatic means of assuring security because the emphasis has shifted to multilateral security cooperation since the collapse of the Cold War structure, and because the Constitution rejects military means.
>> Comments on the ideal form of Japan's diplomacy and security included the view that, as the United Nations is not fully functional, it is essential to coordinate with the United States, but we should work actively to ensure that the United Nations functions properly; and the view that a heightened Japanese economic presence in Asia through FTAs may be seen as a threat by other Asian nations.
>> I recognized that it is a very urgent task for Japan to ensure its security with a perspective encompassing the whole Asian region, which includes unstable elements, and that as means of achieving this we must strengthen not only the defense aspect of security, but also our economic ties. Further, I recognized that wide-ranging efforts are being made to this end, including efforts to build trust between nations through dialogue.
>> In relation to the ideal form of Japan's security and international cooperation, I think that it has gradually become clear where the constitutional problems lie with regard to the points of contention in Article 9 and the Preamble. I hope that the Commission will continue to debate these problems in increasing depth.
Free discussion
KUSUDA Daizo (Democratic Party of Japan and Club of Independents)
>> The informant, Prof. KIKUCHI, stated that it is necessary to deal with threats in the Asian region by means of military strength and deterrent capability, and that the Constitution should be revised to enable Japan to exercise the right of collective self-defense in order to play a military role in combating these threats. I find these statements somewhat dangerous.
>> The American military invasions of Afghanistan and Iraq are called a war on terror, but they have turned into a quagmire, and abuse has been occurring. Prof. KIKUCHI spoke of the need for a coalition of the willing, but military action must be undertaken with restraint. When it is not supported by the international community, as with the attack on Iraq, military action is very likely the wrong course; I think that, at a minimum, the mandate of a UN resolution is required.
>> To ensure regional security, it is important to take an integrated approach with real substance in the political, economic and social spheres. For Japan, it is a very effective step to enter strategically into FTAs and EPAs in Asia.
>> The enlargement of the EU is proving effective in encouraging developing nations to catch up with the developed nations, because of the hurdles for membership that have been established. While Asia faces a variety of problems, I believe that intraregional efforts to raise standards in Asia as a whole and build interdependent economic relationships will contribute to the region's security.
>> In addition to intergovernmental efforts, joint public-private forums and economic and cultural initiatives by the private sector are also important.
TANAHASHI Yasufumi (Liberal Democratic Party)
>> In studying regional security, we should be deeply aware of the noble ideals of the Preamble and Article 9 and the fact that, under them, Japan has been at peace. At the same time, the Cold War structure was a precondition when the Constitution was enacted, and now that it no longer exists, we should think about how to protect the national interest in the face of geopolitical risks that come from the increased likelihood of regional conflicts.
>> The nation's security can be considered not only in military terms but also, essentially, in terms of building a framework of political, diplomatic, and economic ties, in what amounts to a shared destiny. FTAs are one aspect of this.
>> To ensure Japan's security, we should first approach regional security, including its economic, diplomatic, and political aspects, with Article 9 as our main point of reference and pacifism as our major principle. If the international situation does not allow us to pursue this approach, we should discuss the right of collective self-defense at that point.
FUNADA Hajime (Liberal Democratic Party)
>> The stability and prosperity of the Asia-Pacific region have a direct bearing on Japan's national interest, and the question of how Japan contributes to the region is important.
>> Although, in the years before World War II, Japan committed actions in Asia on which we should reflect seriously, nevertheless we should not hesitate to carry out policies directed toward peace and stability in Asia, and we should play an active role under the Constitution.
>> There is a fixed idea that it is impossible to create regional security, crisis management, and economic systems in Asia because the nations of the region are too diverse. Regardless of this idea, in the future Japan should help build multilateral systems in Asia that can benefit the region as a whole.
>> China is a large presence in Asia, and Japan should cooperate to ensure that its future development as a nation, both politically and economically, is fair and open.
YAMAGUCHI Tomio (Japanese Communist Party)
>> In thinking about regional security, the issues to be addressed are: a realistic assessment of the situation in Asia in the 21st century; Japan's strategy for peace diplomacy; and the constitutional principles on which that strategy should be based.
>> Asia deserves attention because of the region's multifarious political systems, religions, and so on, and also because a movement toward nonalignment is presently under way. Japan should develop a solid strategy for peace diplomacy, and its actions should be guided by the Constitution's pacifist principles and critical reflection on its past war of aggression. Furthermore, in my view, the Constitution does not recognize the right of collective self-defense.
>> In Northeast Asia, as compared with Southeast Asia, there are elements of instability, and it is essential for peace and stability in Northeast Asia that we solve these problems. A certain amount of progress was seen in the summit talks between Japan and North Korea in May, and Japan could play an important role in efforts toward peace and stability in Northeast Asia, including the six-nation talks. In regard to the Taiwan question, Japan is in a position to play a unique role in view of Taiwan's having been a Japanese colony for fifty years, among other factors. I hope to see peaceful unification with China with the consent of the residents of Taiwan.
>> The FTA question should be addressed in the light of the principle of the equality of sovereign nations under the UN Charter, together with the Constitution's principle of international cooperation. Since the currency crisis, the issue of FTAs in Asia—a region which forms an autonomous economic sphere—should be addressed from the standpoints of economic sovereignty, equality, and reciprocity.
NAKATANI Gen (Liberal Democratic Party)
>> Some people seem to think that there is something bad or dangerous about advocating the right of collective self-defense and collective security, but it should be remembered that Europe has NATO, and it has also created an EU force. Each EU member nation will provide armed forces for regional security and is supposed to protect the region according to established rules. The right of collective self-defense, collective security, and regional security are all recognized in the UN Charter.
>> The provisions relating to collective self-defense are interpreted to mean that we possess the right but cannot exercise it. However, this is a prime example of self-deception and avoidance of reality in the Constitution. If we possess the right, we should be able to exercise it.
>> Terrorism and piracy should be addressed as a part of regional security, because individual nations cannot deal with these threats on their own, nor can they afford the cost.
>> If Japan is to gain a permanent seat on the UN Security Council and secure its international standing in the future, it is only proper that we play a part in the United Nations' collective security planning.
>> We should approach the use of military security measures with deep insight, recognizing that such measures are necessary to deter threats. Japan should deal with threats itself and not leave it to others.
AKAMATSU Masao (New Komeito)
>> Some people argue that we are presently at a critical juncture and therefore we need to bring the Constitution up to date; an atmosphere is being created that suggests we are at a turning point in constitutional affairs. It seems to me, however, that in some ways relations between nations actually change less over time than one might think.
>> In 1995, Europe and the United States reached a reconciliation over the Allies' 1945 destruction of Dresden, a German city that was not a military target. To bring closure to the past war, I suggest that Japan needs to express a willingness to reach a similar reconciliation in its relations with other Asian nations.
DOI Takako (Social Democratic Party)
>> In his report, the Subcommittee Chairman stated "it has gradually become clear where the constitutional problems lie with regard to the points of contention in Article 9 and the Preamble," but what, specifically, has become clear? What, in short, does this mean?
> KONDO Motohiko (Liberal Democratic Party)
>> My point was that a number of views have emerged as a result of ongoing debate, including the position that it is not the Constitution itself but its current implementation that is at fault, and the argument that the Constitution may no longer be in step with the times. I was suggesting that we should therefore conduct further in-depth debate.
> DOI Takako (Social Democratic Party)
>> In your report, your comment was predicated on the words "with regard to the points of contention in Article 9 and the Preamble," and I thought that your understanding of where the problems lie did not refer to the Constitution as a whole but was quite specific. Was this impression not correct?
> KONDO Motohiko (Liberal Democratic Party)
>> I am responsible for the Subcommittee on Security and International Cooperation, and during that body's discussions, points of contention have emerged in a number of areas. There have been clashes over the right of collective self-defense, a UN army, and multinational forces, and my comment was intended to mean that I want the Subcommittee to pursue this debate in greater depth.
> DOI Takako (Social Democratic Party)
>> Security and international cooperation are issues relevant to the Constitution as a whole, not to Article 9 and the Preamble alone. It seems to me that your reference to "Article 9 and the Preamble" had some particular significance. Am I wrong?
> NAKATANI Gen (Liberal Democratic Party)
>> Every time it has been proposed to take a step such as contributing to peacekeeping operations or sending the Self-Defense Forces to Iraq, problems inherent in Article 9 and the Preamble have been the subject of wide-ranging debate in the Diet. In regard to these issues, it is the role of the nation's basic law to set forth exactly what can and cannot be done, in terms that should be revised to make them clearly understandable to the public. As Mr. KONDO was citing the problems inherent in the Constitution, I think he was correct to refer to the places that he mentioned.
YAMAGUCHI Tomio (Japanese Communist Party)
(In connection with the comment by Mr. NAKATANI)
>> I did not speak of "putting somebody in the wrong" regarding the right of collective self-defense. Be that as it may, it is not correct to treat this right as if it were self-evident. The right of collective self-defense referred to in Article 51 of the UN Charter is an exceptional provision, as can be seen from the course of events that led to its inclusion in the Charter, and it cannot be said to be an inherent right of nations.
>> Further, history shows that, in practice, the right of collective self-defense manifests itself as a right of collective aggression, as in the war waged by the United States in Vietnam or the Soviet invasion of Afghanistan. Especially in view of the trend toward nonalignment among many of the world's nations, I believe that it is wrong to treat the right of collective self-defense as if it were self-evident.
Report by the Chairman of the Subcommittee on Ideal Constitution as Supreme
Law, and free discussion
The Constitution and international law, especially international guarantees
of human rights
Report by Subcommittee Chairman YASUOKA Okiharu (Liberal Democratic Party)
Main points
>> Incorporating the thinking of international human rights treaties into the Constitution is an effective way to give more substance to the constitutional guarantees of human rights.
>> Opinions diverged as to whether Japan's ratification of international human rights treaties and their domestic application are satisfactory at present.
>> In thinking about the ideal relationship between the Constitution and international law, in order to realize the Constitution's stance of respect for international law more concretely, there is a need to study how each branch of government should engage with international law, comprehensively and from a broad perspective encompassing all three branches.
Free discussion
OIDE Akira (Democratic Party of Japan and Club of Independents)
>> I question the reluctance presently shown by the courts to review whether domestic laws conform with Japan's treaty obligations.
>> If international human rights treaties are self-executing treaties, they should immediately be applied domestically.
SHIMOMURA Hakubun (Liberal Democratic Party)
>> Historically, judgments about the relationship between the Constitution and treaties have been unclear because of the existence of two provisions, Paragraph 1 of Article 98, which stipulates that the Constitution is the supreme law of the nation, and Paragraph 2 of the same article, which states the principle of international cooperation. Accordingly, I think we need to revise Article 98 to clarify the relationship between the Constitution and treaties.
>> In 1993, Japan was told in a recommendation by the Human Rights Committee established under the UN Covenant on Civil and Political Rights that it was lagging behind in its efforts toward abolition of the death penalty. However, ideas about human rights differ depending on a people's view of civilization, and I think that this issue reflects the Japanese people's view of life and death; for example, opinion polls show that about 90 percent of the public want to keep the death penalty. It is entirely wrong to say that Japan's efforts to abolish the death penalty are lagging behind.
TAKEMASA Koichi (Democratic Party of Japan and Club of Independents)
>> The government appears to be ratifying treaties selectively depending on what domestic laws it wants to put in place. I think this has led to its failure to ratify the ILO conventions, among others.
>> At present, the government monopolizes the right to decide whether any elements of a treaty should be subject to reservations. Leaving this to the discretion of the Diet could have a major impact in the case of bilateral treaties, where it could lead to renegotiation with the partner country, but since it could not affect the main text of a multilateral treaty already adopted in an international forum, I think it would be possible for the Diet to take the lead in reviewing multilateral treaties, instead of leaving those decisions to the government.
YAMAGUCHI Tomio (Japanese Communist Party)
>> Japan has been repeatedly recommended by various international bodies to improve the state of its human rights and democracy. In my view, this trend, in which an international body investigates the situation every few years, receives a report from the government, studies the findings in committee, and issues recommendations for any needed improvements, is one of the more valuable ideas to have emerged in the world community in the late 20th and early 21st century.
>> In the 21st century, each nation improves its practices on human rights and democracy based on its own constitution, while at the same time the situation is being viewed through the eyes of the world, resulting in added pressure for reforms. I think that it is very meaningful for Japan to remedy domestic situations that violate its Constitution, both for Japan's own sake and for the sake of advancing human rights and democracy around the world, since the Japanese Constitution draws on the experiences of two World Wars and, moreover, it was written at a time when ample provision had begun to be made for social rights, especially the right to a minimum standard of living.
DOI Takako (Social Democratic Party)
>> I take a dualist position regarding the relationship between the Constitution and treaties.
>> At present, the government reserves the right to decide whether the Diet's approval of a treaty is required as set forth in Article 73, item 3. But it is essential that the legislature be involved, because the fact that the state is bound to abide by a treaty it has signed means that treaties also have major effects on domestic law, giving rise, for example, to legislative measures. Thus, the right to decide whether the Diet's approval is necessary should rest with the Diet, not the government. This would not conflict with the intent of the Constitution.
Report by the Chairman of the Subcommittee on Guarantee of Fundamental
Human Rights, and free discussion
Economic, social and cultural freedoms, especially the freedom to choose
one's occupation and the right to own or hold property
Report by Subcommittee Chairman YAMAHANA Ikuo (Democratic Party of Japan
and Club of Independents)
Main points
>> There seemed to be a consensus that a national emphasis on economic values, efficiency, and functionality has left Japan's landscape in disarray and made it uniform and characterless. Opinion was divided, however, on whether provisions for scenic value and city planning should be established in the Constitution.
>> The importance of decentralization in city planning and creating scenic value was also noted, as it was pointed out that behind the difference between Japan and Germany lies the fact that the Bonn Basic Law gives town planning authority to Germany's basic units of local government as part of the right of self-government.
>> The informant, Prof. NORO, described Germany's comprehensive and detailed system for city planning and landscape protection, together with the decentralization which underpins it, and especially the way of thinking which gives prime importance to the basic units of self-government. This analysis provides valuable points of reference for the protection and creation of scenic value in Japan.
Free discussion
FUNADA Hajime (Liberal Democratic Party)
>> Article 29, Paragraph 2 is worded differently from other articles in relation to "the public welfare." It seems to me that this is a constitutional reflection of the fact that, when it comes to assets in limited supply, such as land, we are forced to be more conscious of the concept of the public welfare.
>> We should be aware that cases in which property rights are restricted by invoking the concept of "the public welfare" are shifting away from those where the administration is the main actor and there is little involvement of citizens, as in public works projects, toward those chosen by citizens themselves, as in community development. Also, as seen in the proposed Landscape Law, the concept of "the public welfare" is shifting from the safety and convenience of citizens to a greater emphasis on such things as congeniality and beauty, and I think this marks the beginning of a new era. We should discuss how to provide for such points in the Constitution.
>> With regard to the comparison of city planning in Japan and Germany, I felt that in Germany the principle of "no development without planning" constitutes an invisible backbone. I think that another important question is how to establish provisions to achieve the same result.
YAMAGUCHI Tomio (Japanese Communist Party)
>> We have heard several different views of "the public welfare," but the term basically refers to the function which reconciles different human rights.
>> The Constitution's references to "the public welfare" are provisions with sufficient depth to be effective in the courts, in law-making and related areas, even in cases of confrontations between developers and residents over "community development."
>> With regard to local autonomy in the area of city planning, as Prof. NORO noted in the commissioned study "City Planning, the Creation of Urban Scenery and the Restriction of Property Rights in Japan and Germany," one key point is whether citizen participation is guaranteed at the planning stage. Also, I think it is essential for the legislative branch to check the future application of the law from this point of view.
IWANAGA Mineichi (Liberal Democratic Party)
>> I believe we have a duty to preserve beautiful scenery and pass it on to generations to come, and I have taken up this cause. But all such efforts have met with a barrier, that is, the difference in thinking about property rights between Japan and other countries, and we could not overcome the obstacles in the way of restricting private rights in order to protect scenic value. Recently, my colleagues and I have managed to bring three bills on landscape and greenery before the Diet, and they have now passed the Lower House. It is my belief that we must take action to create outstanding scenic value by passing these bills and by conducting a major campaign among local governments and others concerned.
>> I think that we should clarify the status of landscape in the Constitution.
SAITO Tetsuo (New Komeito)
>> It is true that Japan's landscape gives a poor impression. That said, there are also cases of well-planned and beautifully landscaped urban areas which have nevertheless resulted in an impersonal environment, as in large-scale "new towns." I believe that community development needs to be based on tradition and culture, as in Germany, and not imposed artificially.
>> As a trend relating to landscape, although I do not personally agree with it, I would like to mention that some architects are calling for deregulation under the Building Standards Law, as they claim that the existing regulations are so restrictive that they impede artistic expression.
FURUYA Keiji (Liberal Democratic Party)
>> Recreating lost scenic value and passing it on to future generations is another important perspective relating to landscape. I suggest that the importance of protecting scenic value will be recognized and established as a very natural concern through education and the cultivation of a spirit that values history and tradition. We could also provide for this point in the Constitution.
TOKAI Kisaburo (Liberal Democratic Party)
>> I know that some architects consider the Building Standards Law unconstitutional, mainly on the grounds that it is very restrictive of their right to creativity, but we must ask ourselves whether the profession on its own is capable of guaranteeing safety.
>> We should encourage the formation in society of an overall consensus regarding scenic value. Policies to shape the Japan of the future should be for the benefit of the many, and to this end we should consider whether, in order to preserve our tradition and culture, it is sufficient to improve the legislation or whether we need to revise the Constitution.
YAMAGUCHI Tomio (Japanese Communist Party)
>> I am very distressed by the destruction of the Japanese landscape, but as the politics that caused the destruction is still being practiced, I would say that there is no reason to propose revising the Constitution, and that our first priority should be to reform the politics that has led to this situation.
Report by the Chairman of the Subcommittee on Guarantee of Fundamental
Human Rights, and free discussion
Rights during criminal proceedings, including issues of correctional policy,
and the human rights of crime victims
Report by Subcommittee Chairman YAMAHANA Ikuo (Democratic Party of Japan
and Club of Independents)
Main points
>> The discussion covered such points as: the right of suspects to have counsel present during questioning, as an aspect of the human rights of suspects; an evaluation of the introduction of the lay judge system; arguments for and against retaining the death penalty; and the need for more in-depth debate on guaranteeing the human rights of crime victims.
>> The fact that the Japanese Constitution contains more detailed provisions on criminal proceedings than the constitutions of other nations is based on deep reflection on the violations of the right to physical freedom that occurred under the old Constitution. Judicial reform and reforms of correctional policy are currently in progress, and there is growing public concern for the human rights of crime victims; these trends give concrete substance to the provisions on the right to physical freedom, and I think we can say that they show the importance of applying the Constitution in this area with a focus on guaranteeing the fundamental human rights of the people.
Free discussion
KURATA Masatoshi (Liberal Democratic Party)
>> The Constitution contains detailed provisions on criminal proceedings, amounting to ten articles. When it comes to their application, however, the prewar ex-officio system remains in place. In order to guarantee human rights, it is important to complete the transformation to an adversarial system. We can see moves in this direction in such measures as the Lay Judge Law and the revision of the Code of Criminal Procedure to introduce a system of public defenders at the suspect stage. However, for a complete transformation to the adversarial system, it is necessary to recognize the right of a suspect or witness to have counsel present during questioning.
>> It seems that Article 31 or Article 34 could provide the basis for recognizing the right to have counsel present during questioning, but if the Constitution is to be revised, we should make explicit provision for this right.
>> With regard to the lay judge system, we should consider a system in which the defendant can choose between trial by a panel including lay judges and trial by professional judges only.
TSUJI Megumu (Democratic Party of Japan and Club of Independents)
>> There is no need to revise the Constitution with regard to its provisions on criminal proceedings, as the problem lies in how the system is applied.
>> It seems to me that the thinking behind judicial reform was put very clearly by Prof. SATO Koji, chairman of the Judicial Reform Council, when he said that "it makes the people the subject of government rather than its object." I feel very uneasy about this, however, because what it means is that, in the name of reform, the guarantee of the people's "freedom from the state"—the very essence of the Constitution—is being transformed and the people are being made one with the state.
>> There are complex interests involved in the administration of criminal justice today, and if we take this reality into account, it is not correct to say that there is a shift from the people being the object of government to their being its subject. Rather, it is important to be aware that, in recent years, the requirements of due process and the people's right of access to the courts, which are guaranteed by the Constitution, have been threatened by measures including the Communications Interception Law, the Lay Judge Law, and the pretrial proceedings.
TANAHASHI Yasufumi (Liberal Democratic Party)
>> I am aware of the historical process which led to enactment of the Constitution as a guarantee of freedom from the state, and it goes without saying that the human rights of the people should be protected from violation by the state. These days, however, sometimes there are more serious violations of human rights by private persons.
>> The Constitution's very detailed provisions for criminal proceedings can be evaluated highly, but we should be aware that, in Japan, there is a lack of consistency in the legal system with regard to the administration of criminal justice, because procedural laws based on the Anglo-Saxon legal system were added to a Continental-style body of substantive law after the war, and we should also be aware that there is a popular perception that offenders should voluntarily admit their guilt and apologize.
>> In light of these arguments, it seems that in this era of diversifying values, a rising crime rate and a declining rate of arrest, we will ultimately be unable to guarantee the human rights of the people unless we address violations not only by the state but also by private persons, especially in the form of crimes.
SHIMOMURA Hakubun (Liberal Democratic Party)
>> The constitutionality of the lay judge system has been questioned on the grounds that it imposes new duties on the people, such as the duty to maintain the confidentiality of trial contents. But it is appropriate for a mature democracy to seek a role for the public in the administration of justice, and such a role can be anticipated in light of the spirit of popular sovereignty, taking into account the perspective of the separation of powers.
>> According to a Yomiuri Shimbun opinion poll on the lay judge system (in the May 27, 2004 issue), while a majority of the public favors its introduction, about 70 percent do not want to serve as lay judges. It will be necessary to gain the public's understanding during the five-year preparatory period, and we should provide a constitutional guarantee of a role for the public in the administration of justice by means of the lay judge system.
YAMAGUCHI Tomio (Japanese Communist Party)
>> The informant, Prof. TAGUCHI, made an important point when he said that we should continue to be mindful of the historical background which led to the Constitution's provisions for criminal proceedings, rather than viewing it as a legacy of the past.
>> Six decades have passed since the Constitution was enacted, but just enacting a constitution is not enough. It is important to weigh carefully how it is being applied in the administration of criminal justice. In terms of fully realizing the adversarial system, the restrictions on a prisoner's right of private access to a legal representative and the detention of suspects for long periods have much in common with the history of repression of human rights under the prewar Peace Preservation Law, and improvements in application are called for from a constitutional viewpoint.
>> Prof. TAGUCHI stated that the human rights of crime victims are covered comprehensively by Article 13 and also guaranteed by Article 25 in terms of restitution of damage and social solidarity. From that standpoint, what the legislature must do is formulate measures for the alleviation and restitution of damage while keeping in view events as they occur.
>> The lay judge system has a positive significance in terms of creating a role for the public in the administration of justice, but in the five years until it comes into force, it will be important to pursue discussions in order to ensure that we develop a system in which many members of the public can readily participate.
Report by the Chairman of the Subcommittee on Ideal Government and Organizations,
and free discussion
The ideal division of powers between the central and local governments,
with special reference to the right to levy independent taxes Report by
Subcommittee Chairman SUZUKI Katsuyoshi (Democratic Party of Japan and
Club of Independents)
Main points
>> A wide range of views was expressed on topics including diverse forms of local autonomy, term limits for heads of local governments, the fact that people now live their lives in a geographical zone larger than the prefecture due to advances in transport and communications, and the importance of decentralization as a means of controlling government.
>> As decentralization progresses, we need to continue to discuss problems concerning the ideal division of powers between Japan's central and local governments, in depth and from a comprehensive viewpoint.
Free discussion
NAGAOKA Yoji (Liberal Democratic Party)
>> We have entered an era in which the balance should be shifted toward local governments with regard to tax revenues and personnel, in place of the centralized system of the past.
>> For some time to come, the central government will have to take the lead in promoting municipal mergers to create basic units of local government with a population of 200,000 to 300,000.
>> I think that we should shift to a single tier of local government, consisting of municipalities only, because there is less need for the entities known as prefectures as municipal mergers proceed.
>> The proposed do-shu system should not be permanent, as the units of which it consists, i.e., states, have not existed in Japan historically and are probably unsuited to Japanese conditions. Adoption of a do-shu system should be understood as a transitional process to back up the municipalities from a wider regional perspective until they have gained the necessary strength.
>> To make diverse systems of local government a reality, we should consider giving local bodies more discretion in deciding how to organize themselves, for example, increasing their options to include a committee system, a city manager system, and so on.
OMURA Hideaki (Liberal Democratic Party)
>> To further promote local autonomy, we should state clearly in the Constitution that local autonomy is central to the nation's governance structure, and that tax revenue sources must be secured to enable local governments to function as the basic administrative enforcement agencies.
>> I am in favor of introducing a do-shu system, but if it is to be done by abolishing the prefectures, I think we should make explicit provision for this in the Constitution. On that basis, we should also explicitly prescribe the organization of the municipalities, as the basic units of local government, and stipulate matters that can be decided at the discretion of local governments.
>> Local autonomy and decentralization should be promoted above all in the field of education. There are limits to unitary control by the state through officially designated courses of study. Matters concerning public school education should be entrusted entirely to the local governments.
YAMAGUCHI Tomio (Japanese Communist Party)
>> Critics claim that the reference to "the principle of local autonomy" in Article 92 of the Constitution is unclear, but this area has in fact become clear due to substantial progress made in constitutional theory and interpretation of case law over the past sixty years. According to the accepted view, "the principle of local autonomy" means that local bodies should be recognized as independent from the state and that they should administer local affairs based on the wishes of residents and in keeping with actual local conditions.
>> The informant, Mr. TSUJIYAMA, gave a severe assessment of the present situation but stated that the Constitution's provisions on local autonomy are not to blame. With regard to the efficacy of the Comprehensive Decentralization Law, he noted that the density of central government regulation by Cabinet orders and ministerial ordinances has actually increased, and a second round of decentralization is needed. What decentralization should do is, essentially, to protect residents' rights and realize them at a level close to their daily lives.
>> Mr. TSUJIYAMA expressed concern that municipal mergers are being pursued in the absence of a clear concept of the do-shu system, and I agree. We should examine this question from the viewpoint of whether residents' rights will be realized in practice.
TSUJI Megumu (Democratic Party of Japan and Club of Independents)
>> The Comprehensive Decentralization Law abolished agency-delegated tasks and introduced a system of legally prescribed transactions and other forms of devolution to the municipalities, but not enough progress has been made. In practice, the central government still exerts influence on local governments through administrative guidance and other means. Although it says it supports decentralization, it actually keeps local governments under its control, as in the case where a central ministry overrode the opposition of Hita City, in Oita Prefecture, to establishing off-track betting facilities for bicycle races. Decentralization is also subject to limits in terms of personnel, the right to enact ordinances, and the right to levy independent taxes. We need to give the basic units of local government more substance and transfer authority to them.
>> It is problematic that municipal mergers are currently being pursued at the central government's initiative, going against the tide of decentralization. Steps should be taken to ensure that a consensus is formed among residents in the local communities concerned. Also, we should create a two- or three-tiered system of local government, in which self-governing communities of residents rank below the basic units of local government.
Report by the Chairman of the Subcommittee on Ideal Government and Organizations,
and free discussion
Bicameralism and the audit system
Report by Subcommittee Chairman SUZUKI Katsuyoshi (Democratic Party of
Japan and Club of Independents)
Main points
>> A wide range of opinion was expressed on topics including the need to maintain the bicameral system; the electoral systems and division of roles between the two Houses; and making the Board of Audit an auxiliary of the Diet.
>> I felt a need for continued comprehensive, in-depth discussion of issues related to bicameralism, especially establishing a unique identity for the House of Councillors and the status of the Board of Audit.
Free discussion
FUNADA Hajime (Liberal Democratic Party)
>> The increasingly partisan Upper House is sometimes accused of being merely a carbon copy of the Lower House. A bicameral system has its advantages, however, including a double-check function and the ability to restrain excesses by one chamber.
>> To make the most of these resources, a radical review of the electoral system in both Houses is needed. For example, the differences between the chambers could be accentuated by giving the Lower House a simple single-seat constituency system and making it the chamber that condenses the popular will and chooses the government, while giving the Upper House a proportional or multiple-seat constituency system and making it the chamber that reflects the popular will. Another possible direction would be to have the work of the Lower House center on budget deliberations and that of the Upper House center on review of the final accounts.
>> It would be possible to locate the Board of Audit in the Diet while maintaining its independence.
ITO Kosuke (Liberal Democratic Party)
>> The raison d'être of the House of Councillors no longer carries much weight, and many doubts have been expressed by the public. We need to consider adopting a unicameral system, given the fact that over sixty percent of the world's nations have done so and the fact that the public now gets its information instantly through the media, together with the need to ensure timely policy decisions and the problem of costs.
>> If a unicameral system cannot be adopted immediately, we should plan to do so when the Constitution is revised at some point in the future. In the meantime, we should review the electoral system and carry out reforms, for example, freeing Upper House members from the requirement to vote along party lines.
OMURA Hideaki (Liberal Democratic Party)
>> I think we should introduce a unicameral system for a number of reasons. In particular, over sixty percent of the world's nations have unicameral parliaments, and those that are bicameral are mostly federal states, unlike Japan. Also, the two Houses at present have very similar electoral systems and powers. Further, in today's fast-moving society, decisions must be made under constant time pressure.
>> In light of the reductions in size of local assemblies, we should abolish the two existing Houses and create a single chamber with fewer seats, for example, a total of 400, of which 250 would be elected by single-seat constituencies and 150 by proportional representation.
>> If a unicameral system cannot be introduced immediately, I think we should at least change the electoral system (e.g., proportional representation for all Upper House seats) and then change the powers of the two Houses (e.g., an Upper House with special responsibility for the final accounts or foreign relations).
YAMAGUCHI Tomio (Japanese Communist Party)
>> I approve of the bicameral system as designed in the existing Constitution, and I would like to study an approach that will bring out the unique identities of the two Houses. The basis for this approach would be a pluralistic reflection of the diverse will of the people, with whom state sovereignty resides.
>> With regard to the electoral system, the single-seat constituency system favors large parties and has a number of serious drawbacks, such as its failure to reflect the popular will in a pluralistic way. Basically, therefore, I think that proportional representation is preferable. Also, the Diet cannot escape criticism for having deferred action in its current session to correct the number of seats in the House of Councillors.
>> I think that in the current session the House of Councillors has again proved to have an identity and raison d'être of its own, since many matters, including problems with the premiums and benefit levels in the national pension system, were brought to light during deliberations in the Upper House.
>> Under the modern constitutional principle of fiscal constitutionalism, the Diet is supposed to exercise control over public finances after the fact by reviewing the reports it receives from the Board of Audit. Viewed in this light, and given that we have a bicameral system, proposals to have one House specialize in reviewing the final accounts or to attach the Board of Audit to one House are not appropriate. Each House should carry out a thorough review of both the budget and the final accounts.
TSUJI Megumu (Democratic Party of Japan and Club of Independents)
>> The informant, Prof. TADANO, explained that countries with a certain population size tend to adopt a bicameral system. In this connection, I think we should maintain the bicameral system and fine-tune it creatively to ensure a pluralistic reflection of the diverse popular will.
>> The House of Councillors is not displaying an identity of its own due to the fact that a coalition government has been formed to secure a majority in the Upper House as well as the Lower House. We should ensure that the diverse popular will can be reflected pluralistically.
>> If decentralization is to make progress, channels to convey the wishes of the regions are necessary. In France, the heads of local governments hold Senate seats, and we need similar ideas in Japan.
MASHIKO Teruhiko (Democratic Party of Japan and Club of Independents)
>> There is nothing wrong with the bicameral system. The points that have been cited as drawbacks of the system are actually due to partisanship and the character of members.
>> The Lower House is the chamber that chooses the government; the Upper House is the chamber that reflects the popular will. An Upper House is also necessary to carefully consider points that have not been weighed sufficiently in the Lower House. The Lower House should be elected from single-seat constituencies only; discussion is needed regarding the portion of the Upper House seats filled by proportional representation. Further, the disparity in the weight of a single vote must be considered.
>> If we adopt a do-shu or federal system, it will be necessary to consider imposing term limits in case the heads of local governments gain too much power.