Abe’s constitutional revision aiming the restoration of pre-war status hopes ride on July election
Wikipedia: /The Japan Times etc.
Japan expects to have upper house election in this July. The ruling Party (LDP and Komeito coalition) led by Abe, will try to capture more than two-thirds of the 242-seat chamber in the election, and thus have the seats required to initiate a national referendum to revise the Constitution. The revised plan is similar to pre-war constitution, and Japan Conference (Ultra right political lobby of Shinto extremism) is campaigning very hard to achieve this goal. Their aim is not only to abandon pacifism in current constitution, but also to restore totalitarian state as pre-war status. Constitutionalism is to protect each citizens from the power abuse by authority. Therefore, civil servants, diet members, and royal families are the ones who have legal obligation to keep these laws. However, the revised drafts demand too many obligations to citizens for the sake of state's interest. .
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The below is the provisions regarding the people's rights modified and/or added in the LDP draft.
The below is the provisions regarding the people's rights modified and/or added in the LDP draft.
(Source: Wikipedia "Constitution of Japan"/I compared and verified the contents with Japanese Source.)
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Individualism: The LDP draft replaces the word "individuals" with "persons" (Article 13). This change reflects the draft authors' view that "excessive individualism" is an ethically unacceptable thought.
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Human rights and the supremacy of the constitution: The current constitution has Article 97 at the beginning of the "Supreme Law" chapter, which stipulates that the constitution guarantees the basic human rights to the people. The current, prevalent interpretation of Article 97 is that this article describes the essential reason why this constitution is the supreme law, which is the fact that the constitution's spirit is to guarantee human rights. In the LDP draft, this article is deleted and the booklet does not explain any reason for the deletion.
.
Freedom of assembly, association, speech and all other forms of expression: The LDP draft adds a new paragraph on Article 21, which enables the State to prohibit the people from performing expressions "for the purpose of interfering public interest and public order". The LDP explain that this change makes it easy for the State to take countermeasures against criminal organizations like Aum Shinrikyo.
.
Right to property: The LDP draft adds a new paragraph stating that the State shall define intellectual property rights "for the sake of promotion of the people's intellectual creativity" (Article 29).
.
Workers' rights: Workers have the right to participate in a labor union, but currently there is a dispute on whether public officials should be entitled to this right. The LDP draft add a new paragraph to make it clear that public officials shall not enjoy this right or part thereof (Article 28).
.
Freedom from torture and cruel punishments: Under the current constitution, torture and cruel punishments are "absolutely forbidden", but the LDP draft deletes the word "absolutely" (Article 36). The reason for this change is not presented in the booklet.
.
"New human rights": The LDP draft adds four provisions regarding the concept collectively called "new human rights": protection of privacy (Article 19-2), accountability of the State (Article 21-2), environmental protection (Article 25-2), and rights of crime victims (Article 25-4). However, the draft only requires the State to make a good faith effort to meet the stated goals and does not entitle the people these "rights", as the booklet points out.
.
Obligations of the people: The LDP draft can be characterized by its obligation clauses imposed on the people. The current constitution lists three obligations: to work (Article 27), to pay taxes as provided for by law (Article 30), and to have all boys and girls under their protection receive ordinary education as provided for by law (Article 26). The LDP draft adds six more: (1) The people must respect the national anthem and flag (Article 3). (2) The people must be conscious of the fact that there are responsibilities and obligations in compensation for freedom and rights (Article 12). (3) The people must comply with the public interest and public order (Article 12). (4) The people must help one another among the members of a household (Article 24). (5) The people must obey commands from the State or the subordinate offices thereof in a state of emergency (Article 99). (6)The people must uphold the constitution (Article 102).
.
Additionally, although defense of the national territory (Article 9-3) and environmental protection (Article 25-2) are literally listed under the LDP draft as obligations of the State, these provisions let the State call for the "cooperation with the people" to meet the goals provided, effectively functioning as obligation clauses on the people's side.Equality: The current constitution guarantees equality to citizens, prohibiting any discrimination based on "race, creed, sex, social status or family origin". The LDP draft adds "handicaps" (Articles 14 and 44) between "sex" and "social status", improving the equality under the law. On the other hand, the sentence "No privilege shall accompany any award of honor, decoration or any distinction" in the current paragraph (2) of Article 14 is deleted in the LDP draft, which means that the State shall be allowed to grant "privilege" as part of national awards. The reason for this change is not presented in the booklet.
.
National security: The LDP draft deletes the current provision declaring that armed forces and other war potential shall never be maintained, and adds new Articles 9-2 and 9-3 stating that the "National Defense Force" shall be set up and the Prime Minister shall be its commander-in-chief. According to the paragraph (3) of the new Article 9-2, the National Defense Force not only can defend the territory from a foreign attack and can participate in international peacekeeping operations, but also can operate in order to either maintain domestic public order or to protect individual rights. State of emergency: The LDP draft grants the Prime Minister the authority to declare a "state of emergency" in a national emergency including foreign invasions, domestic rebellions and natural disasters (Article 98). When in a state of emergency, the Cabinet can enact orders that have the effect equivalent to that of the laws passed by the National Diet (Article 99).
.
Relaxation of separation of religion and the State: The LDP draft deletes the current clause that prohibits the State from granting "political authority" to a religious organization, and enables the State to perform religious acts itself within the scope of "social protocol or ethno-cultural practices" (Article 20).
.
Political control over the courts: Unlike the current constitution, which guarantees that the Supreme Court judges shall not be dismissed unless the "review" procedure stipulated by the constitution, the LDP draft enables the Diet to define this review procedure through a Diet-enacted law, not the constitution (Article 79). The draft also states that salary of a judge — of both the Supreme Court and inferior courts — could be decreased in the same manner as any other kinds of public officials (Articles 79 and 80) by the subordinate offices of the State (namely, the National Personnel Authority).
.
Further amendments: The LDP draft states that a simple majority in the two Houses shall be adequate for a motion for constitutional amendment (Article 96). An actual amendment shall still require a national referendum, but a simple majority in "the number of valid votes actually cast", as opposed to "the number of a qualified voter" or "the number of votes", shall enact the amendment (Article 96).
.
.
Individualism: The LDP draft replaces the word "individuals" with "persons" (Article 13). This change reflects the draft authors' view that "excessive individualism" is an ethically unacceptable thought.
.
Human rights and the supremacy of the constitution: The current constitution has Article 97 at the beginning of the "Supreme Law" chapter, which stipulates that the constitution guarantees the basic human rights to the people. The current, prevalent interpretation of Article 97 is that this article describes the essential reason why this constitution is the supreme law, which is the fact that the constitution's spirit is to guarantee human rights. In the LDP draft, this article is deleted and the booklet does not explain any reason for the deletion.
.
Freedom of assembly, association, speech and all other forms of expression: The LDP draft adds a new paragraph on Article 21, which enables the State to prohibit the people from performing expressions "for the purpose of interfering public interest and public order". The LDP explain that this change makes it easy for the State to take countermeasures against criminal organizations like Aum Shinrikyo.
.
Right to property: The LDP draft adds a new paragraph stating that the State shall define intellectual property rights "for the sake of promotion of the people's intellectual creativity" (Article 29).
.
Workers' rights: Workers have the right to participate in a labor union, but currently there is a dispute on whether public officials should be entitled to this right. The LDP draft add a new paragraph to make it clear that public officials shall not enjoy this right or part thereof (Article 28).
.
Freedom from torture and cruel punishments: Under the current constitution, torture and cruel punishments are "absolutely forbidden", but the LDP draft deletes the word "absolutely" (Article 36). The reason for this change is not presented in the booklet.
.
"New human rights": The LDP draft adds four provisions regarding the concept collectively called "new human rights": protection of privacy (Article 19-2), accountability of the State (Article 21-2), environmental protection (Article 25-2), and rights of crime victims (Article 25-4). However, the draft only requires the State to make a good faith effort to meet the stated goals and does not entitle the people these "rights", as the booklet points out.
.
Obligations of the people: The LDP draft can be characterized by its obligation clauses imposed on the people. The current constitution lists three obligations: to work (Article 27), to pay taxes as provided for by law (Article 30), and to have all boys and girls under their protection receive ordinary education as provided for by law (Article 26). The LDP draft adds six more: (1) The people must respect the national anthem and flag (Article 3). (2) The people must be conscious of the fact that there are responsibilities and obligations in compensation for freedom and rights (Article 12). (3) The people must comply with the public interest and public order (Article 12). (4) The people must help one another among the members of a household (Article 24). (5) The people must obey commands from the State or the subordinate offices thereof in a state of emergency (Article 99). (6)The people must uphold the constitution (Article 102).
.
Additionally, although defense of the national territory (Article 9-3) and environmental protection (Article 25-2) are literally listed under the LDP draft as obligations of the State, these provisions let the State call for the "cooperation with the people" to meet the goals provided, effectively functioning as obligation clauses on the people's side.Equality: The current constitution guarantees equality to citizens, prohibiting any discrimination based on "race, creed, sex, social status or family origin". The LDP draft adds "handicaps" (Articles 14 and 44) between "sex" and "social status", improving the equality under the law. On the other hand, the sentence "No privilege shall accompany any award of honor, decoration or any distinction" in the current paragraph (2) of Article 14 is deleted in the LDP draft, which means that the State shall be allowed to grant "privilege" as part of national awards. The reason for this change is not presented in the booklet.
.
National security: The LDP draft deletes the current provision declaring that armed forces and other war potential shall never be maintained, and adds new Articles 9-2 and 9-3 stating that the "National Defense Force" shall be set up and the Prime Minister shall be its commander-in-chief. According to the paragraph (3) of the new Article 9-2, the National Defense Force not only can defend the territory from a foreign attack and can participate in international peacekeeping operations, but also can operate in order to either maintain domestic public order or to protect individual rights. State of emergency: The LDP draft grants the Prime Minister the authority to declare a "state of emergency" in a national emergency including foreign invasions, domestic rebellions and natural disasters (Article 98). When in a state of emergency, the Cabinet can enact orders that have the effect equivalent to that of the laws passed by the National Diet (Article 99).
.
Relaxation of separation of religion and the State: The LDP draft deletes the current clause that prohibits the State from granting "political authority" to a religious organization, and enables the State to perform religious acts itself within the scope of "social protocol or ethno-cultural practices" (Article 20).
.
Political control over the courts: Unlike the current constitution, which guarantees that the Supreme Court judges shall not be dismissed unless the "review" procedure stipulated by the constitution, the LDP draft enables the Diet to define this review procedure through a Diet-enacted law, not the constitution (Article 79). The draft also states that salary of a judge — of both the Supreme Court and inferior courts — could be decreased in the same manner as any other kinds of public officials (Articles 79 and 80) by the subordinate offices of the State (namely, the National Personnel Authority).
.
Further amendments: The LDP draft states that a simple majority in the two Houses shall be adequate for a motion for constitutional amendment (Article 96). An actual amendment shall still require a national referendum, but a simple majority in "the number of valid votes actually cast", as opposed to "the number of a qualified voter" or "the number of votes", shall enact the amendment (Article 96).
.
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