Temporary Measures for Abdication

Having received a willingness of abdication from Emperor Akihito, the government of Japan begins to consider temporary legislation to enable it. While amending Imperial House Law takes certain period of time for discussing it in the Diet, Shinzo Abe administration looks like choosing an easy way to go. It will be possible that approving freedom of abdication leads to freedom of refusing accession, which erodes stability of Emperor system.

In the announcement of his sentiment last month, Akihito expressed his uneasiness to fulfill his responsibility as the symbol of state, while his health was deteriorating with aging. While Constitution of Japan determines that the Regent acts in the name of Emperor, when Regency is established, Akihito is negative on that option, because Emperor will be left as the symbol of state anyway. Abe administration and some experts on Emperor system interpret it as Akihito’s refusal of Regency.

The government has been discussing how to implement Akihito’s willingness for abdication. The base line was amending Imperial House Law to add provision of abdication or establishing temporary law only applied to Akihito with the notion that current law did not deny abdication of Emperor. However, amendment of Imperial House Law has to pass the Diet, which will require fundamental discussion over Emperor system in some committees. Abe administration is focusing on how to make a quick discussion and draw a result to let Akihito comfortable as early as possible.

Even how it is a temporary and limited measure for current Emperor, new legislation will be an important example for the future of Emperor system. Akihito is ok, because he explicitly hopes abdication. But, how one can reconfirm a will of abdication to be discretion? It will be possible for a political leader or an Imperial family to coerce incumbent Emperor unwilling abdication or establish Super-Emperor, once special law is exercised.

Abe administration considers submitting the drafts of related legislation in the ordinary session of the Diet next year. But, some experts argue that true intention of Akihito is not having temporary law for him, because he fundamentally wanted permanently stable succession of status of Emperor. The government does not look like fully understanding the words of Akihito.

More fundamental issue is whether refusal of Regency would be exercise of political power of Emperor, which is strictly prohibited by the Constitution. If an option of establishing Regency is dropped with reason of reluctance of Akihito, it can be the first case of violation of the Constitution by an Emperor. The government needs to avoid that case by leaving an option of Regency.