Meeting Agenda
Matters relating to a national referendum system for constitutional amendment and the Constitution of Japan
Chairman NAKAYAMA presented an explanation of research conducted by the House of Representatives Delegation for Research on National Referendum Systems in European Countries. This was followed by comments by members who participated in the research.
Outline of the Study Conducted by the House of Representatives Delegation for Research on National Referendum Systems in European Countries
Members of the delegation:
Leader, NAKAYAMA Taro (Liberal Democratic Party)
Member, YASUOKA Okiharu (Liberal Democratic Party)
Member, HANASHI Yasuhiro (Liberal Democratic Party)
Member, EDANO Yukio (Democratic Party of Japan and Club of Independents)
Member, FURUKAWA Motohisa (Democratic Party of Japan and Club of Independents)
Member, TAKAGI Yosuke (New Komeito)
Member, KASAI Akira (Japanese Communist Party)
Member, TSUJIMOTO Kiyomi (Social Democratic Party)
Period of Research
Thirteen-day period between November 7, 2005 (Monday) and November 19, 2005 (Saturday)
Places visited
Austria: National Council, Constitutional Court, Museum of Military History, Ministry of Interior
Slovakia: National Council, Office of the President, Ministry of Foreign Affairs
Switzerland: Neue Zuercher Zeitung, Swiss National Broadcasting Company, Federal Department of Justice and Police, Federal Chancellery, University of Bern
Spain: Center of Political and Constitutional Studies, Congress of Deputies, J&A Garrigues Law Office
France: National Assembly, Institut de Monde Arabe, Versailles Parliamentary Museum and the Joint Assembly Hall of Houses of Parliament, Conseil Constitutionnel
Outline of Research
- Outline of research conducted in Austria
>> A briefing was given by Dr. Andreas KHOL, President of the National Council, on the importance of providing the public with accurate information in national referendums. Other briefings were given by Dr. Karl KORINEK, President of the Constitutional Court of Austria, concerning the role of the Constitutional Court, and by Dr. Mathias VOGL of the Ministry of Interior concerning Austria's system of direct democracy.
- Outline of research conducted in Slovakia
>> Briefings were given by Mr. Jan DRGONEC, Chairman of the Constitutional and Legal Affairs Committee, the National Council of the Slovak Republic, and by Mr. Milan CIC, Head of the Office of the President of the Slovak Republic, on the following matters: that a national referendum is not required for constitutional amendment in the Slovak Republic, and that the constitution contains provisions against subjecting matters, including those that relate to basic human rights, to national referendums.
- Outline of research conducted in Switzerland
>> Briefings were given by Mr. Erich ASCHWANDEN, Editor of Neue Zuercher Zeitung, and by Mr. Ueli HALDIMAN, Chief Editor of Swiss Television, concerning the importance of the role of the mass media in direct democracy in Switzerland.
>> A briefing was given by Professor Dr. Luzius MADER, Vice-Director of the Federal Office of Justice of the Federal Department of Justice and Police, concerning reasons why the broadcast media in Switzerland are subject to more stringent regulations than the print media.
>> Briefings were given by Ms. Yumi von REDING-SATO of swissinfo/SRI, Federal Chancellor Annemarie HUBER-HOTZ and Professor Wolf LINDER, University of Berne, concerning the effects and significance of direct democracy and related data analysis.
- Outline of research conducted in Spain
>> A briefing was given by Dr. Jose Alvarez JUNCO, Director of the Center of Political and Constitutional Studies, concerning the neutrality of the government in campaign activities in national referendums. Other briefings were given by Mr. Jaime Javier BARRERO Lopez, Third Secretary of the Congress of Deputies, concerning constitutional amendment for revision of the order of succession to the throne, and by Mr. Antonio GARRIGUES WALKER, President of J&A Garrigues Law Office, concerning the national referendum system in general.
>> A briefing was given by Mr. Alfonso GUERRA Gonzalez, Chairman of the Constitutional Committee of the Congress of Deputies, concerning the "grand agreement" reached among political parties that allowed the revision of the Spanish Constitution into a rigid constitution.
- Outline of research conducted in France
>> A briefing was given by M. Philippe HOUILLON, President of the Legal Commission of the National Assembly, concerning regulation of campaign activities in national referendums. Other briefings were given by M. Yves GUENA, President of Institut du Monde Arabe, concerning the voting age in national referendums, and by Madame Jacqueline de GUILLENCHMIDT, member of the Constitutional Council, concerning the review of protests filed regarding national referendums.
- Summary
>> Putting aside political positions and personal evaluations, we are certain that a consensus was established among participating members concerning real conditions in the national referendum systems of European countries.
Main points of comments made by members participating in the research mission (in order of presentation)
YASUOKA Okiharu (Liberal Democratic Party)
>> In all countries visited, the voting age in national referendums was 18, which is the same as the voting age in elections. For Japan, we should consider whether the voting age should be set at 18 or 20, on the premise that in either case the voting age in national referendums and in elections should be the same.
>> In all countries visited, there were hardly any restrictions on the media and campaign activities in general in national referendums. All we found were some mild restrictions on the broadcast media. With this in mind, for Japan, we should in principle ensure the freedom of press in national referendums and think in the direction of leaving matters to self-regulation.
>> There is much that we can learn from the Spanish system of government neutrality and the leading role of political parties in national referendums.
>> In Spain, blank ballots are treated differently from abstentions. Here we can find some hints concerning possible room for compromise on voting methods and the definition of "majority," such as by inferring that blank votes reflect the will of the people or by including blank votes in the overall voting rate.
>> To ensure the success of a national referendum for constitutional amendment, it will be very important to provide the people with accurate information and to develop a consensus among political parties.
HANASHI Yasuhiro (Liberal Democratic Party)
>> There is the danger in a national referendum system that it may become a vote of confidence for a dictator, for example. To bar this possibility, it was pointed out that initiatives starting at the bottom and moving up and consultation between ruling and opposition parties are important. We should start to create, among other things, a system of national referendum solely for constitutional amendment.
>> Regarding the wording of a question to be put to a national referendum, as we saw in the countries we visited, it is important that the wording be easy to understand. One idea would be to delegate the wording of a question to a deliberative council.
>> Regarding voting age, it is important to promote the social participation of young people. From this perspective, we should consider setting the minimum voting age at 18.
>> Regarding restrictions on the media, a relatively high degree of freedom is ensured for comment and criticism. Regarding the provision of information, there is the case of Spain where television time for campaigning is allotted to political parties according to their respective number of parliamentary seats.
>> Regarding the validity or nullification of the results of a national referendum, France and Austria have systems for quickly determining whether an objection that has been raised affects the outcome of voting. Such systems are essentially at variance with Japan's legal culture and our systems for the nullification of elections. One idea would be to establish a third party institution charged with the duty of reaching an initial judgment within a given period of time.
EDANO Yukio (Democratic Party of Japan and Club of Independents)
>> This research has allowed us to reconfirm that the following matters are common to all countries visited: (a) basically, the media should be free of restriction; (b) the minimum voting age, as well as the age of majority, is 18; (c) publicity of the content of the referendum must be easy to understand.
>> I believe television reporting should not be subject to regulation. However, various efforts have been made in all countries visited, and I think that certain considerations must be made here. Consideration must also be given to preventing the abuse of national referendums by government authorities.
>> In the case of Austria, it was interesting to note that persons due to reach the age of 18 during the year were also given the right to vote. It is worth considering this for Japan.
>> In the case of Slovakia, a referendum is valid only when a minimum voting rate (50 percent) is attained. Aside from whether or not to include such a provision in the laws, we do have a political responsibility to prevent the voter turnout from sinking to very low levels.
>> In the case of Switzerland, two-thirds of the public votes through the mail in advance of the referendum date. For Japan, we should also consider ways to make it easier to vote.
>> For historical reasons, the Spanish Constitution is thought to be even more rigid than the Constitution of Japan. There is nothing wrong in having a rigid constitution if we think that this provides an arena for the political parties to compete over policy.
>> In the case of France, the Parliament use the Hall at Versailles for a Joint Session of the Houses of Parliament in the event of constitutional amendment. While this is only a matter of form, compliance with carefully designed and rigorously enforced procedures is a matter of essential importance in a democracy.
FURUKAWA Motohisa (Democratic Party of Japan and Club of Independents)
>> We noted that in all countries visited, national referendum for constitutional amendment is identified as a particular type of general national referendum.
>> As seen in the case of the French plebiscite, abuse of the national referendum system must be avoided. In order to prevent the rulers of the nation from using this as a means for self-justification, it is very important for parliament to be vigorously involved in the national referendum process.
>> In all countries visited, campaigning and electioneering activities are generally free of restriction, and regulation is kept to a minimum. For Japan also, we should move toward adopting a system of minimum regulation and restriction of campaigning and electioneering activities.
>> In developing Japan's national referendum system, we will have to review existing legislation relating to such matters as the age of majority and rules for campaigning.
>> In considering the national referendums that took place in France and Spain for ratification of the Treaty Establishing a Constitution for Europe, it is clear that we must thoroughly examine what means and methods can be employed to ensure that the public is accurately informed of the content of a national referendum.
TAKAGI Yosuke (New Komeito)
>> It is notable that in all countries visited, restrictions on the media and campaigning methods are kept to a minimum. There is much that we can learn from the fact that the print media and broadcast media are subject to different restrictions.
>> The general trend throughout the world is to avoid placing any restrictions on media other than broadcast media. We must consider the scope of the restrictions that we wish to institute in Japan in light of this fact.
>> In all countries visited, the voting age was the same as the age of majority, which was 18. I believe the voting age and age of majority should also be the same in Japan. To make this change, it will also be necessary to review the Public Offices Election Law.
>> The inter-party agreement reached in the enactment process of the present Constitution of Spain and the efforts that were made for this purpose are noteworthy. In Japan, our deliberations should not be adversarial. Instead, we must engage in constructive debate based on mutual appreciation of the different positions adopted by various political parties.
KASAI Akira (Japanese Communist Party)
>> The national referendum systems of all countries visited were designed and built in the context of historical experiences. We should be cautious about cutting out and trying to copy specific portions of the systems of other countries.
>> None of the countries visited has ever amended the basic principles of their constitution, such as human rights, freedom and democracy. However, the draft constitutional revision prepared by the Liberal Democratic Party rejects pacifism and other basic principles of the Constitution. These discussions of constitutional revision go against the global tide, and we have no need for a national referendum law that will be used to revise Article 9 of the Constitution.
>> In all countries visited, in principle, there were no restrictions on campaigning and media activities in national referendums, as well as in national elections. Therefore, it seems the people we met felt uncomfortable about the discussions taking place in Japan. It is necessary to examine whether restrictions that apply under the current Public Officials Election Law are limiting the exercise of popular sovereignty.
TSUJIMOTO Kiyomi (Social Democratic Party)
>> With the exception of Switzerland, national referendums are relatively infrequent in the countries visited.
>> For the people in whom sovereignty resides, it is meaningful that national referendums provide an opportunity for the direct expression of their will on political questions of importance. On the other hand, there have been bitter experiences with national referendums, such as the annexation of Austria by Germany. I had the impression that the initiation of referendums is considered very carefully.
>> While some countries are discussing the fundamental revision of their constitutions, the impression is that it is difficult to arrive at a consensus on such matters. Furthermore, none of the countries visited appears to be working on an assumption that the constitution should be completely changed.
>> In considering a national referendum system, we should not jump immediately to thinking of it as a means for changing the Constitution. Instead, we should engage in discussing the pros and cons of introducing a general system of national referendums and our vision for direct democracy from diverse perspectives. We should then determine the form a national referendum system for constitutional amendment should take as part of this comprehensive discussion.