Meeting Agenda
Matters relating to a national referendum system for constitutional amendment and the Constitution of Japan
Chairman NAKAYAMA presented an account of research conducted by the House of Representatives Delegation for Research on Constitutions and 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 Constitutions and National Referendum Systems in European Countries- Members of the delegation (party affiliations at time of dispatch)
Leader, NAKAYAMA Taro (Liberal Democratic Party)
Member, YASUOKA Okiharu (Liberal Democratic Party)
Member, FUNADA Hajime (Liberal Democratic Party)
Member, EDANO Yukio (Democratic Party of Japan and Club of Independents)
Member, SAITO Tetsuo (New Komeito)
Member, KASAI Akira (Japanese Communist Party)
Member, TAKI Makoto (People's New Party and Group of Independents)
- Period of Research
Fourteen-day period between July 16, 2006 (Sunday) and July 29, 2006 (Saturday)
- Places and persons visited
Poland: Constitutional Tribunal, State Electoral Commission, Headquarters of the Democratic Left Alliance, prominent persons in Polish politics, Supreme Administrative Court
Italy: Office of the Prime Minister, Chamber of Deputies, Constitutional Court, academic experts, Ministry of the Interior
Denmark: Head Office of Politiken Newspaper, Supreme Court Judge, University of Copenhagen, Ministry of the Interior and Health, Member of the European Parliament
Estonia: Parliament, Office of the Cabinet, Elcoteq Tallinn AS
- Outline of Research
- Outline of research conducted in Poland
>> The following explanations were received: (a) Dr. Marek SAFJAN, President of the Constitutional Tribunal, Mr. Ryszard KALISZ, Member of the Lower House of Parliament, and Prof. Janusz TRZCIŃSKI, President of the Supreme Administrative Court, explained "roundtable talks," the enactment process of the present Constitution of Poland, and consensus building in the constitutional amendment process. (b) Prominent members of the Polish political system, such as Mr. Bogdan BORUSEWICZ, Speaker of the Senate, and Mr. Tadeusz MAZOWIECKI, former Prime Minister, explained the political conditions at the time of the enactment of the present Constitution of Poland. (c) Judge Ferdynand RYMARZ, Chairman of the State Electoral Commission, spoke about practical and administrative issues related to national referendums.
- Outline of research conducted in Italy
>> The following explanations were received: (a) Mr. Vannino CHITI, Minister for Relations with Parliament and Institutional Reform, presented the center-left's assessment of the 2006 national referendum for constitutional amendment. (b) Prof. Giulio TREMONTI, Vice-President of the Chamber of Deputies, presented the center-right's assessment of the same referendum. (c) Prof. Luciano VIOLANTE, President of the Committee of Constitutional Affairs, spoke on consensus building in the constitutional amendment process. (d) Prof. Carlo FUSARO of the University of Florence and officers of the Department of Elections, Ministry of the Interior, spoke on the role of the media in national referendums. (e) Dott. Franco BILE, President of the Constitutional Court, spoke on the national referendum system for the abolishment of laws. Discussions were also held with Ms. Nanami SHIONO, a writer resident in Italy, concerning issues related to constitutional amendment and Japan's current political situation.
- Outline of research conducted in Denmark
>> The following explanations were received: (a) Mr. Tøger SEIDENFADEN, Executive Editor-in-Chief of the Politiken Newspaper, spoke on EU-related problems and national referendums. (b) Dr. Jens Peter CHRISTENSEN, Judge of the Supreme Court, Mr. Kasper Møller HANSEN, Assistant Professor of the University of Copenhagen, and Ms. Margrete AUKEN, Member of the European Parliament, provided explanations concerning the thorough dissemination of public information in national referendums and factors contributing to high voter turnout. (c) Ms. Anne Birete PADE, Election Consultant of the Ministry of the Interior and Health, spoke on points of contention in national referendums.
- Outline of research conducted in Estonia
>> The following explanations were received: (a) from the Parliament, Mr. Urmas REINSALU, Chairman of the Constitutional Committee, and Mr. Mart NUTT, Member of Parliament, and Mr. Mihkel PILVING, Head of the Elections Department of the Chancellery, provided explanations concerning the government's public relations activities for national referendums and other points of contention in national referendums. (b) The Office of the Cabinet provided explanations concerning conditions in Estonia and its aim to become an IT-based nation. A tour of the Elcoteq factory was conducted.
- Summary
>> I am convinced that all members of the delegation, regardless of their individual political positions, were deeply impressed by the earnestness with which European politicians faced the public in the process of building consensus for proposed constitutional amendments and other matters submitted to national referendums. This insight will be shared with the members of the Special Committee in the hope that we shall be able to achieve constructive deliberations and research in the future.
- Outline of research conducted in Poland
Main points of comments made by members participating in the research mission (in order of presentation)
YASUOKA Okiharu (Liberal Democratic Party)
>> In Denmark, an amendment to lower the age of participation in national referendums from 21 to 18 was rejected in a national referendum. Subsequently, the age of participation was lowered in stages in step with developments in public opinion. For our purposes, any changes in the minimum age of political participation must be consistent with the legal age of maturity and the provisions of the Public Offices Election Law. Such decisions must also take public opinion into account. Be that as it may, I was made keenly aware that the international standard for the minimum age of participation is 18.
>> In Italy, I was interested to learn of cases where proposed constitutional amendments were rejected in national referendums. This brought home the realization that reforms must be made for the sake of the nation regardless of the outcome of elections. The same principle applies to constitutional amendment where a broad-based consensus must be developed without allowing the process to become enmeshed in partisan considerations.
>> In our discussions with Ms. SHIONO, I referred to the importance of having common goals for the people and the nation. Ms. SHIONO emphasized that instead of asking the lofty question of "What do we want to be?" it is more important to present the public with the more concrete question of "What are the limits to what we can be?" In my personal interpretation, this means that, as politicians, it is not enough to freely discuss what we want to be. Instead, it is necessary for us to be prepared to select what is "better" given the various restrictions and constraints that we face, rather than what is "best."
>> Both this and our previous overseas research mission have contributed to the development of a common understanding. Standing upon this common understanding, the ruling and opposition parties should engage in earnest discussions, and we must exert all our efforts to reach an early conclusion in our deliberations.
FUNADA Hajime (Liberal Democratic Party)
>> In Denmark, a proposal enjoying overwhelming support in the parliament was twice rejected in national referendums. In light of this, I was keenly interested in the comment that a contradictory relation exists between parliamentary consensus and success in national referendums.
>> "Once the beast of national referendums is released from its cage, it is extremely difficult to put it back." This comment that we heard in Denmark was very shocking. It impressed upon me the need to pay very careful attention to the details of any national referendum law that is to be enacted.
>> The comment that participation in national referendums has contributed to the political maturation of the Danish people is noteworthy. In light of the prevailing conditions in Japan, I was envious to learn that the high rate of participation in national referendums reflected cultural and educational background.
>> Among EU member countries, national constitutions are being effectively amended through national referendums on EU treaties. It is clear that the need for direct constitutional amendment is waning in these countries.
>> In Denmark and Estonia, restrictions on campaigning in national referendums are not strict, and matters are left to common sense. While this approach may not be immediately applicable to Japan, I sensed that I was observing the situation in politically mature nations.
>> It is fully feasible to iron out the differences between the draft bills of the ruling parties and the Democratic Party of Japan. Therefore, I look forward to the continuation of earnest discussions aimed at arriving at a broadly based consensus. It would be possible to enact the ruling party bill based on a simple majority. However, considering the importance of developing a sound foundation for future constitutional amendments, I wish to insist on a two-thirds supermajority in carrying this bill. Further, as no organ has been set up in the House of Councillors for deliberating upon a bill for a national referendum law, I would like to encourage the creation of such an organ.
EDANO Yukio (Democratic Party of Japan and Club of Independents)
>> In Poland, Solidarity, the communist party and the Catholic Church negotiated in "roundtable talks" with a very clear sense of mission. Agreements were reached in stages, beginning in areas where consensus was easier to achieve, until a constitution was finally established. I believe that a constitution acceptable to all participants was created as a result of this process.
>> Our research in Italy was undertaken after the rejection of a proposed constitutional amendment in a national referendum held in June of this year. I was surprised to learn that an agreement had already been reached by the ruling and opposition parties on the contents of the proposed amendment.
>> The view was expressed that the first priority of the opposition parties in Italy is to oust the present administration, and that for this reason they would not cooperate with the ruling party for constitutional amendment. I believe that we should not take this approach in Japan. On the other hand, it was also reported that Italy's constitutional amendment was rejected because the ruling party attempted to forcibly push its proposal. This leads me to feel that, in Japan, we must engage in a very careful process of consensus building.
>> In Denmark, it is notable that a proposal with majority parliamentary support was rejected in a national referendum. For national referendums to be held in Japan, I keenly felt the need to engage in thorough and interactive discussion involving experts and learned persons.
>> In developing our national referendum system, it has been proposed that free advertising time on television and other media be allocated to the political parties in proportion to the number of seats held in the Diet. We should earnestly consider the criticism that this would restrict the time available to opposition groups. From the perspective of ensuring fairness, I believe it is necessary to reconsider this matter.
SAITO Tetsuo (New Komeito)
>> From the perspective of developing a national referendum system for constitutional amendment that is fair and acceptable to all, it is regrettable that the Social Democratic Party did not participate in the overseas research mission. On the other hand, I believe it is very significant that in addition to the Liberal Democratic Party, the Democratic Party of Japan and New Komeito, who have submitted bills for a national referendum law, the Japanese Communist Party and the People's New Party participated in the mission.
>> "National referendums are like an uncontrollable monster, and extreme caution must be exercised in letting this monster out of its cage." This comment heard in Denmark left the strongest impression on me. Characteristically, a national referendum presents the public with a yes or no choice. I felt that any matter to be submitted to a national referendum should first be thoroughly discussed in parliament and then presented to the public in a very easy to understand form.
>> In all the countries visited, blank ballots are treated similarly: they are included in computing the turnout rate but are not counted as either for or against a proposal.
>> Media restrictions were similar among all countries visited. Fairness and neutrality are demanded in television and other broadcast media, while newspapers and magazines are free to express their own opinions in editorials.
>> In all countries visited, the minimum age of participation in national referendums was 18. Comments were made that it was only natural for the participatory age to be consistent with the minimum voting age. In the case of Japan, as the first step, the minimum participatory age should be set at 20 to be consistent with the voting age. Both should then be lowered to 18 at some point in the future.
>> The following tendency was observed in the countries visited. In a controversial proposal that attracts keen public interest, only those who have 100-percent confidence in the proposal will vote in favor, and anyone who has the slightest doubt will vote against the proposal.
KASAI Akira (Japanese Communist Party)
>> The rejection of a constitutional amendment in a national referendum in Italy can be assessed as conveying the overwhelming weight of the basic principles of the Constitution and the public's refusal to accept a fundamental revision of these principles. In Japan, some are arguing that the characteristics of the Constitution as a restraining force on the powers of the state should be revised and that normative provisions pertaining to the behavior of the people should be included. This is unacceptable, both from a historical and global perspective.
>> In Poland, we received the explanation that the Constitution was enacted as a result of the transformation of the political system in 1989. No such transformation has occurred in Japan. Public opinion polls are being taken on what the public wants and expects from the Abe Cabinet. Only a very small percentage has mentioned amendment of the Constitution. These results have renewed my conviction that the discussion on constitutional amendment is taking place far away from the popular will.
>> None of the countries visited have adopted a national referendum system that would facilitate the passage of constitutional amendment proposals like the procedural law for constitutional amendment that is currently being proposed in Japan. For instance, take the matter of the allocation of free advertising time on television and other media. Italy and others allocate time equally between those in favor and those opposed to a proposal, whereas the Japanese proposal is designed to allocate time in proportion to the number of seats held in the Diet. This makes me wonder what the purpose of the procedural law is in the first place.
>> In Poland, we received the comment that Article 9 is not an obstacle to Japan's exercise of soft power in its role as a leading country. What is being asked of Japan? Certainly it is not the enactment of a procedural law for amendment of Article 9 of the Constitution. Rather, I was reminded that the world is looking to Japan to play the role of a peaceful leading country endowed with the provisions of Article 9.
TAKI Makoto (People's New Party and Group of Independents)
>> A constitution goes beyond being the basic law of the nation, and it is the role of politics to protect the popular consensus that went into establishing the constitution. I was deeply moved by the realization of this matter. This impression was particularly strong in Poland and Estonia, which have experienced being ruled by other nations.
>> In Poland and elsewhere, I was deeply impressed to see the great care that had been taken to design a constitution that would effectively control the powers of the head of government. It was very interesting to note that the parliament provides a bulwark against executive power.
>> In Denmark, we received the comment that national referendums are a wild beast, and that extreme caution should be taken in releasing it out of its cage. But the beast has already been out of its cage in Japan. This happened last year when the Lower House was dissolved and the ensuing general election was used as a national referendum for the Postal Privatization Law. Therefore, our discussion is not whether or not to free the beast. What we really need to discuss is whether we should continue to use this system or to push the beast back into its cage.
>> Regarding the national referendums on EU issues held in Denmark, the view was expressed to us that concrete explanations were not given to the public and that persons with the slightest doubt voted against the proposals. I was impressed by this view.
>> In the countries visited, we observed the following patterns in the allocation of free television advertising time in national referendum campaigns for constitutional amendment: equal allocation between those for and against a proposal; equal allocation among all registered organizations; and no allocation of free advertising time. The draft bills of the ruling parties and the Democratic Party of Japan call for the allocation of time in proportion to the number of seats held in the Diet. It is necessary to reconsider this matter.