Attempts for Amendment

Encouraged by a victory in general election of the House of Representatives last month, Prime Minister Shinzo Abe is more getting involved in his greatest agenda, constitutional amendment. To secure popular support from the public, he prefers to begin from minor changes in the provisions, instead of fundamental shift to the right. He believes that a little leak will sink a great ship.

While Abe has been careful in revealing his enthusiasm on constitutional amendment, Chief Cabinet Secretary, Yoshihide Suga, indicated that the administration was focusing on soft targets. “It is important that the amendment needs to be done from some crucial points the Constitution falls short of,” told Suga in a TV discussion on Saturday. He raised two examples that the administration might discuss: adding environmental right for the people and public support for private school.

Amendment for environmental right is determining responsibility of government, and the people, to protect environment. The reason why Abe picks it first is very clear. That is because coalition partner, Komeito, which has been reluctant to change the provisions of the Constitution, can accept this amendment. While maintaining three principles, fundamental human rights, people’s sovereignty and pacifism, Komeito is positive in amendment for reinforcing human rights.

However, social rights of the people are guaranteed by Article 25, which determined that “all people shall have right to maintain the minimum standard for wholesome and cultured living.” It also requires the state to “use its endeavors for the promotion and extension of social welfare and security, and of public health.” It is obvious that environment of the nation needs to be protected to “maintain the minimum standard” or “public health.” Protecting environmental right can be achieved within the principle of Article 25.

Suga also raised Article 89, which has been interpreted as prohibiting public support for private school. “No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable, educational or benevolent enterprises not under the control of public authority,” it says. However, the government has already spent public money for supporting families with private high school student. The great cause of the policy was Article 26, which determined all people’s right to receive an equal education, making amendment of Article 89 needless.

So, the argument for amendment is still attempts of constitution haters. They hope those small steps may lead to change of Article 9, which is a symbol of Japanese pacifism. But, even minor changes still do not seem to be easy.