CONSTITUTIONAL AMENDMENT - FOR REAL THIS TIME?
KEYWORDS: ARTICLE 9, CONSTITUTION, MILITARY DEFENSE

The Constitution of Japan has never been amended since put in effect in 1947. It is based on the Constitution of the US State of Illinois, as it was drafted by an American attorney from there, under the Occupation of Japan by the US military. It is most famous for its Article 9 whereby Japan forever renounces the use of force. The Constitution has never been amended, despite occasional, half-hearted attempts. That appears to be changing. Primarily due to the dangerous situation it finds itself in from the challenge from a rapidly rising China and a nuclear and missile armed North Korea, a ruthless government.

The biggest issue is to seek to amend that Article 9, the war-renouncing clause, in order to permit the exercise  of the right of collective defense. This means the country’s ability to militarily respond when an ally comes under attack, even if Japan itself is not attacked.

The Japanese public itself is beginning to favor an amendment to the Constitution. According to a poll by the Asahi Newspaper, for the first time since it started taking such polls in 1995, a majority of the public, 53% are in favor of amendment. On the other hand, 60% do not want Article 9 amended, but that is down from 74% in 2001. Another poll by the Nihon Keizai Newspaper showed 55% of voters favored an amendment of the Constitution.

In order to actually achieve an amendment to the Constitution, there must be approval of 2/3rds of both the Upper and Lower Houses of the Parliament and then passed by a majority of the voters in referendum.

In the parliament itself, it is reported that 85% of parliament members support amending the Constitution. This is backed by both the ruling Liberal Democratic Party and the main opposition Democratic Party of Japan. Nearly 60% seek in particular to amend Article 9.

Other amendments being considered is the establishment of a court for ruling on constitutional issues, permitting a female to become empress in Japan, and making the Emperor head of state instead of symbol of state as now.

In December, 2004 the ruling Liberal Democratic Party established the “Headquarters for the Promotion of the Establishment of a New Constitution” chaired by Prime Minister Koizumi himself.

A minor scandal appears to have erupted when it turned out that the draft permitting Japan’s military to participate in collective defense overseas by the ruling Liberal Democratic Party was in fact drafted by a serving colonel in the active Self Defense Forces.

Copyright 2005. All rights reserved Attorney Roderick H. Seeman

DISCLAIMER JapanLaw.info is intended purely for introductory, educational purposes. If you plan a transaction in Japan, consult with a licensed Japanese attorney. THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS PUBLICATION COULD INCLUDE INACCURACIES OR ERRORS IN TYPOGRAPHY OR TRANSLATION .