The special constitution research committee of the Lower House has started debate on establishing legislation to make it possible for Japan to hold a national referendum on revising the Constitution.
Debate on amendments is likely to accelerate because of the governing Liberal Democratic Party's landslide victory in the Sept. 11 general election and the election of pro-amendment Seiji Maehara as the leader of the top opposition party, the Democratic Party of Japan. Japan is moving to establish a new political system, with public opinion generally supporting constitutional amendments.
In April, constitution panels of both houses completed five-year reviews and published their respective reports. In the current special Diet session, the Lower House established a special committee to discuss procedures for a referendum on constitutional amendments, with the support of the LDP, its junior coalition partner New Komeito and the DPJ.
The LDP, heeding New Komeito's reservations on constitutional amendments, refrained from submitting legislation on procedures for a referendum at the special Diet session, allowing all political parties to conduct free debate.
Taro Nakayama, chairman of the special committee, said the debate over the Constitution has entered "a new stage of considering concrete procedures for amendments."
The LDP plans to adopt its own draft of a revised Constitution in late October before celebrating its 50th anniversary in November. In July, the LDP announced an outline of constitutional amendments, calling for scrapping Article 9, Clause 2 -- which bans the nation from possessing armed forces -- to establish the Self-Defense Forces' military credentials.
Meanwhile, the DPJ is continuing discussions on its own draft for constitutional amendments.
Under Article 96 of the Constitution, a proposal for constitutional amendments must be supported by a two-thirds majority of both houses. The LDP and the DPJ together account for 85 percent of the Lower House seats and 80 percent of the Upper House seats. The two parties, if they agree, could propose amending the Constitution. The anti-amendment Japan Communist Party and the Social Democratic Party represent a minority in the Diet.
Prime Minister Junichiro Koizumi told the Diet recently that national debate on constitutional amendments should be promoted with the cooperation of not only the LDP and New Komeito but also the DPJ.
Constitutional amendments could not be proposed without the support of the DPJ. The LDP is likely to promote debate on amendments in coordination with the DPJ, led by pro-amendment Maehara and Yukio Hatoyama, the new secretary general.
The question is, how will the DPJ proposal work out? In the field of security, the DPJ reportedly will propose pacifism as the guiding principle for Japan, a "restricted right for self-defense" for the nation under the U.N. charter, its participation in U.N. collective security activities, and "civilian control" of the SDF.
Article 51 of the U.N. Charter stipulates that "nothing in the charter shall impair the inherent right of individual or collective defense" if an armed attack occurs against a U.N. member, until the Security Council has taken measures necessary to maintain international peace and security.
DPJ chief Maehara emphasized, on being elected to his post in September, he has been advocating constitutional amendments all along. He called for retaining the war-renouncing Article 9, Clause 1 but scrapping Clause 2 -- which bans the nation from possessing armed forces and from conducting war -- to clarify the right of self-defense. In addition, he favored a limited exercise of the right of collective defense.
The DPJ's pro-amendment stance was reflected in the special committee's debate, when a DPJ lawmaker proposed the establishment of a joint panel of both houses to draft legislation on constitutional amendments.
Debate on constitutional amendments will be sped up if the LDP and the DPJ cooperate. However, there are pockets of strong resistance to amendments among former Japan Socialist Party members in the DPJ ranks.
Takahiro Yokomichi, who was among the anti-amendment DPJ lawmakers, left the party to become Lower House vice speaker, a move that could weaken the resistance. But if DPJ executives under Maehara were to rush debate on amendments, they could worsen intraparty division.
The Upper House has yet to establish its own special constitution research committee and this reportedly reflects reservations expressed by many DPJ members who represent organized labor.
Maehara, who was enthusiastic about intraparty debate on the issue when becoming DPJ chief, now says caution is required. This appears to show difficulty to forge intraparty consensus on the issue.
New Komeito, unlike the LDP, contends that Article 9, Clause 1 and 2 should be retained, reflecting strong pacifism in the neo-Buddhist Soka Gakkai religious organization, which supports the party. New Komeito also favors incorporating new rights such as environmental rights in the Constitution, but the party, as a member of the ruling coalition, must squarely tackle the SDF's constitutional issue.
In supporting the establishment of the special committee, New Komeito proposed that debate be limited only to the national referendum, a strategy for preventing the LDP's rush to constitutional amendments.
The ruling coalition now accounts for a two-thirds majority in the Lower House. However, in the Upper House, the LDP lacks a majority. The LDP-New Komeito coalition barely maintains a majority. Depending on the results of an Upper House election scheduled for 2007, the power structure could change drastically.
The ruling coalition hopes to enact, with the cooperation of the DPJ, the legislation on a national referendum on constitutional amendments in an ordinary Diet session next year. Subsequent debate on amendments could lead to a political shakeup, affecting the makeup of a next government.
On crucial subjects such as the right of self-defense and expanded roles for Japan in international security activities, no vague settlement based on compromise is possible.
With your current subscription plan you can comment on stories. However, before writing your first comment, please create a display name in the Profile section of your subscriber account page.