Doubt on Emergency Clause

It is commonly noticed that constitutional amendment is the greatest political agenda for Prime Minister Shinzo Abe. So, what kind of change he demands? He explains that Constitution of Japan needs to have a clause for situation of emergency, in which the government can suspend human rights. But, that kind of clause has a history of wrongly applied in the pre-war regime in Japan or Nazis. The insistence on emergency clause is doubted as an attempt of reestablishing a despotic regime.

Abe has been emphasizing the importance of having an emergency clause in the Constitution in discussions of the Diet. “To protect the people in emergency, it is extremely significant and important for the Constitution to determine what kind of role the state or the people will play,” reiterated Abe.

In 2014, Commission on the Constitution in House of Representatives reached a conclusion with consent of seven parties, except Communist Party, on the necessity of emergency clause in the Constitution. They wanted it for such emergency situation as natural disaster or terrorist attack.

But, Abe administration seems to be taking advantage of the discussion for expanding governmental power over the people. “In the case of external armed attack, social disorder by internal insurrection, major natural disaster such as earthquake, or other legislated situations of emergency, Prime Minister, with necessity and through Cabinet decision abiding by legislation, may issue a declaration of situation of emergency,” determines Article 98 of the draft of the Constitution made by LDP. With expression of “other legislated situation of emergency, the draft guarantees broad power of government over the people.

Asahi Shimbun reported possible problems over emergency clause on Tuesday. The story reminded of excessive abuse by Nazis of Article 48 of Weimar Constitution, which allowed the president to take emergency measures without prior consent of congress. Meiji Constitution of Japan had clauses of emergency power, curfew or urgent imperial order. Those special powers were abolished in post-war constitution for protecting human rights.

In terms of natural disaster, Basic Act on Disaster Control Measures determines the power of Prime Minister that allows issuing governmental order to control supply of goods or suspending financial debt. Abe administration has already determined how to deal with emergency measures in armed attack in new security legislation. It is broadly recognized that emergency clause is an entrance of fundamental amendment including Article 9.