Constitutional Commission Restarts

Commissions on the Constitution of both Houses are going to resume its discussion over constitutional amendment in this session of the Diet. It will be a kick off series of discussion after Shinzo Abe administration achieved two-third majority, which was required to take initiative for national referendum, in the election of House of Councillors this summer. However, lawmakers are still not sure what they need to talk about.

While both Houses did not have any specific organization to discuss constitution, they settled Research Council on Constitution. On its background, there was a growing demand to talk about Constitution of Japan after harsh argument over sending troops of Japanese Self-defense Force to United Nations peace-keeping operation in 1990s. Some lawmakers beyond party lines voluntarily took action to establish a forum on constitution. To tame concern of the liberal power on constitutional amendment, the forum limited its agenda to researching about constitution.

After Abe administration passed National Referendum Act in 2007, both Houses reformed its Research Council on Constitution to Commission on the Constitution. Different from former council, the Commission would discuss draft of constitutional amendment. When a draft is submitted to the Commission, it will be sent to General Assembly with support of simple majority. If it passes General Assembly of both Houses with two-third majority, the Constitution will be amended.

The discussion in the commissions was interrupted for a year after three professors on constitutional study found new security legislation of Abe administration unconstitutional in June last year. Watching negative impact of the commission on exercising important political agenda, Abe administration became reluctant to continue the discussion. Regaining self-confidence on its power in the election this summer, Abe decided to restart discussion in the commissions.

Nevertheless, Liberal Democratic Party is not going to submit its draft of new constitution, which has been criticized as inconsistent with liberal democracy. While the opposite parties accuse LDP not to withdraw the draft, LDP leaders insist on it, regarding it as one of the valid official documents. The draft includes provision for upholding Emperor as the head of state, having national defense army, obligation of citizens to obey public interest or restriction of civil rights in an emergency.

Although Democratic Party shows willingness to join the discussion under the leadership of new president Renho, it is reluctant to get into detailed discussion over the provisions. This is the tag of war between Abe, who wants to make as the greatest majority as possible including DP, and DP that wants to disturb the advance of Abe administration with careful lawmakers in Komeito.