Unconstitutionality Endorsed

Through the discussion in National Diet, unconstitutionality of new security legislation is getting obvious. Three eminent scholars on constitution study testified at House of Representatives Commission on the Constitution that the legislatures including exercising collective self-defense right without constitutional amendment were violating Constitution of Japan. Officers of Shinzo Abe administration started defending their attempt to rewriting interpretation of the constitution. But, the skepticism is spreading in the leading parties. Abe realized that he had to take greater effort to persuade the public than he expected.

A Professor of Waseda University, Yasuo Hasebe, unequivocally determined that the legislatures were unconstitutional, because they would undermine legal stability in Japan. “It is unconstitutional that the legislatures allows exercising collective self-defense. It cannot be explained within the basic logic that the government has been embracing as its official view,” told Hasebe. He focused on the obscurity in to what extent Japanese Self-defense Force can use its arms.

Setsu Kobayashi, Professor Emeritus of Keio University, firmly stated that the legislatures would violate Article 9 of the constitution. “Article 9 does not render JSDF legal eligibility for military activity in overseas. Collective self-defense means going to overseas to help other nations. This is apparently legislations for participating in the wars,” told Kobayashi. He warned the Diet not to violate constitutionalism by passing those unconstitutional bills.

Sasada Eiji, Professor of Waseda University, insisted on inefficiency of Cabinet Legislation Bureau. “I have been recognizing that Cabinet Legislation Bureau has barely been implementing constitutionality coping with administrations of Liberal Democratic Party. This time, the bureau went too far. The legislations are unconstitutional,” told Sasada.

Among those three, Hasebe’s criticism shook LDP, because he was invited to the commission by LDP lawmakers. One of the members with LDP, Hajime Funada, admitted that Hasebe’s statement was “something beyond our expectation.” LDP lawmakers regretted it as an “own goal.”

Chief Cabinet Secretary, Yoshihide Suga, refused to accept the reasoning of unconstitutionality by three professors. “Legal stability is preserved in that constitutional interpretation. Assertion of unconstitutionality cannot be adopted,” told Suga. But discussion over the legislatures is getting into constitutional argument, which may protract the legislative process in both Houses in the Diet.