Arbitrary Appointment of the Watchman of Law

Although it is not an unlawful action, the replacement should be regarded as removal of a limiter against political overdrive. The Prime Minister, Shinzo Abe, decided to appoint the Ambassador to France, Ichiro Komatsu, to Director General of the Cabinet Legislation Bureau (CLB). Abe dismissed usual promotion of Deputy Director General to the position, importing an outsider from Ministry of Foreign Affairs. Apparently, PM intends to reinterpret the Constitution to make exercise of collective self-defense right possible.

CLB is an office in the executive branch, which mainly has two roles; giving opinions on legal issues to the Prime Minister and examining legislative bills. In interpreting the constitution, the bureau has been restrictive in expanding the definition of self-defense. After the government determined in 1981 its view over collective self-defense right as “the Constitution does not allow exercise of collective self-defense, even though Japan possesses it in terms of international law,” its Director Generals have maintained that interpretation.

Abe openly argues that the interpretation should be changed. He supposedly took a look at the top of the bureau to be controlled under his watch, the same way as in the appointment of Chairman of the Bank of Japan. Komatsu is recognized as positive in the reinterpretation. As director general of the International Legal Affairs Bureau, Komatsu deeply involved in the discussion on reinterpretation of collective self-defense right in first Abe administration.

It is still questionable whether CLB will be controlled by PM only with a replacement of its director general. Dubbed as “watchman of law,” CLB consists of around eighty legal specialists. Former director generals kept on saying that exercise of collective self-defense should not be allowed by reinterpretation, but constitutional amendment. It is not easy even for a PM’s pet to break down that firm structure of constitutional interpretation. The argument between new director general and traditional interpretation in the bureau is expected.

This arbitrary appointment may invite political conflict. The coalition partner, New Komeito, reveals its frustration against Abe’s positive attitude on the reinterpretation, while the party officially opposes it. “It needs decades of discussion to change the interpretation of collective self-defense,” told a high official of the party. As long as the mission is completely overturning a traditional definition, it is not easy even for a prime minister to lead the discussion.