"The Diet shall be the highest organ of the state power, and shall be
the sole law-making organ of the State." ― Article 41 of
Japan's Constitution
These were the words of Prime Minister Shinzo Abe at an April 23
press conference when the premier was asked about Japan's right to
collective self-defense: "The international situation facing Japan
today has changed greatly. I'd like to prepare the legal groundwork
so that Japan can make a good contribution to international society.
In these changing times, I'd like to have a discussion about how we
interpret the Constitution." (From the Nihon Keizai Shimbun)
Abe again made the request for a national discussion on
constitutional revision at a press conference in Cairo on May 2. He
has set up informal gatherings of specialists to discuss
constitutional changes in order to exercise Japan's collective right
to self-defense.
The prime minister has repeatedly made his intentions plain: He
wants to examine ways to reinterpret the Constitution.
The current Constitution prohibits Japan from using military force.
To get around this fact, Article 9 would have to be revised. This has
been the stance of governments until now. But Abe is trying to pave a
new path toward militarization by advocating a reinterpretation of
the Constitution.
There is no political question more important in Japan today than
whether the country should militarize. Revision of the Constitution
must follow the path laid out by Article 96. This has been the
conventional wisdom of the administrations preceding Abe's. But now
the prime minister has begun studying ways to reinterpret the
Constitution.
The regulations in the Constitution make revision a very difficult
task. First, a given proposal must gain the votes of two-thirds of
the members of both houses. Then a majority of voters must approve
the measure in a special referendum. This takes time. Reinterpreting
the Constitution is clearly the simpler path. Change can come about
quickly that way.
However, no matter what happens, the prime minister is supposed to
uphold the law. This is especially true with the basic laws of
society set out in its Constitution. The government's power is a
public power. Whatever obstacles present themselves, it should follow
a just path. But a government that leads the nation down the evil
path of constitutional "reinterpretation" ― or in reality,
changes to the Constitution ― repudiates the very foundation of
a nation ruled by law. Moreover, it is a blasphemous act toward the
people and democracy. Quibble all you want about what it means to
"reinterpret" the Constitution ― in the end, it is an illegal
and evil action.
Article 9 of the Constitution says: "Aspiring sincerely to an
international peace based on justice and order, the Japanese people
forever renounce war as a sovereign right of the nation and the
threat or use of force as means of settling international disputes.
(part 1) In order to accomplish the aim of the preceding paragraph,
land, sea, and air forces, as well as other war potential, will never
be maintained. The right of belligerency of the state will not be
recognized. (part 2)" The regulations laid out here are evidence that
Japan is not allowed to exercise its collective right to self-defense.
As long as the current Constitution exists, the Japanese government
is supposed to uphold it.
To exercise Japan's collective right of self-defense, one would need
to follow the legal procedures and revise Article 9. It's an act of
sheer contempt toward the people and democracy to try to achieve
militarization through reinterpreting the laws of the land. We can't
take illegal steps to achieve an end even if the United States is
demanding it. The thinking that has led us to this place must be
changed for once and for all.