Discounting Constitutional Amendment

Is purchase for price or necessity? For the first amendment of Constitution of Japan, Liberal Democratic Party made a presentation on three points that needed to change the provisions. They were emergency clause for security crisis or natural disaster, adding provision for human right for living in comfortable environment and requirement for fiscal discipline. Each of them faces fundamental question for necessity of constitutional amendment. Changing Article 9 was strategically dropped from the list of initial amendment.

In the discussion of House of Representatives Commission on the Constitution, LDP Director of Council for Promoting Constitutional Amendment, Hajime Funada, proposed that the discussion at the Commission should be started from three points. “It is an important responsibility for National Diet to discuss positive amendment of the Constitution to let it apply in timely manner,” Funada insisted. Application of constitution to modern society is always needed. The crucial point is whether or not it is necessary.

Argument for emergency clause was produced after Great East Japan Earthquake four years ago. It was about whether national election of both houses of the Diet should be postponed in the time of great natural disaster. Administration of Yoshihiko Noda decided that the election would not be postponed without constitutional amendment. That was why constitutional revisionists required the amendment to prepare for future disaster.

But, if it is necessary, overwriting Noda’s decision can work enough. No constitutional amendment is needed. The problem is that emergency clause can lead excessive use of power in the name of emergency, which had been proved by German history at the time of Nazi’s emergence. It is possible that upholders’ true purpose is to vest great power on political leader to control people.

Environment rights had been the issue raised by Komeito. But, Komeito changed its attitude to be negative, with a reason that the right is already written in current constitution. The party is getting skeptical about aggressive attitude of LDP on constitution. Fiscal discipline is somewhat trivial argument, which was added to prove flaws of the Constitution.

Democratic Party of Japan opposed the way of LDP’s discussion. Lawmakers with DPJ questioned LDP’s perspective that the amendment was needed because Constitution of Japan was pressed by General Headquarters of United Nations right after the end of World War II. Another one called the argument of LDP “preliminary amendment,” hiding Article 9 amendment underground. It is unclear whether the people will respond LDP’s discount sale of the amendment.