This document discusses concerns about the 2012 LDP proposal to change Japan's constitution. It summarizes that the LDP's focus has shifted from a process of constitutional change driven by the will of the Japanese people to changing the content to reflect their vision of "real Japan." There are two main concerns expressed about the LDP proposal: 1) It would allow constitutional amendments with a simple majority vote in the Diet rather than a supermajority, and 2) It would eliminate Article 97 which refers to fundamental human rights. The deletion of Article 97 and changes to the preamble are seen as potentially making Japan a "new country risk."

1. Why We Are Concerned with the
2012 LDP Proposal to Change the
Constitution
May 23, 2013
Masako KAMIYA

2. As could easily be imagined, we, as
members of JCLU, share concern for
human rights and their violations
particularly by government authority.
Beyond this common concern, each
member might differ as to what is
the most important issue even
among us.

3. By Choice With Reasons
Japan and the Modern World

4. In the Latter Half of 19th Century
Japanese Government consciously chose to
join the modern world with the intent to
become one of the world powers.
In order to modernize the country, it adopted,
in the beginning, the French-style legal system
and the German-style Constitution.

5. Around the Turn of
the (Last) Century
Germany gained influence in many areas,
including law.
The controversy surrounding drafting of the
German Civil Code influenced our Civil Code
drafting process.

6. The 1947 Constitution
By Choice With Reasons

7. When It Was Drafted
In the early postwar period, the Japanese
Government was aware of the incoming Far
Eastern Commission and its hard line position
against the Tenno (or Emperor).
It chose the draft Constitution which
preserved the Tenno system before FEC was to
supervise the Allied Council for Japan.

8. During the Ratification Process
After the April 1946 election, the Diet
followed the procedure provided by the 1889
Constitution.

9. During the Ratification Process
The process allowed many amendments to be
made, including
 conditions of being a Japanese national (Art.
10)
 guarantee of universal suffrage (Art. 15)
 redress in case of damages by illegal acts of
public officials from the State and public
entities (Art. 17)

10. During the Ratification Process
as well as
 “liability to taxation” (Art. 30)
 “obligation to work” (Art. 27)

11. LDP’s Platforms Since 1955
According to LDP, its platforms since 1955 have
contained a clause referring to 現行憲法の自主
的改正 adopting constitution the free will of
Japanese people.
< http://www.jimin.jp/aboutus/declaration/>
Is it this process that really matters to LDP or is it
the content of the changes that matter?

12. LDP’s Platforms Since 1955
After the election result of May 1958,
LDP leaders chose to table (or postpone)
their desire to revise the Constitution by
choice, because they realized that their
ideas for a revised constitution was
extremely unpopular.

13. LDP’s Platforms Since 1955
In 2005, the LDP advocated,
新しい憲法の制定
adoption of a new constitution in its platform
In 2012, the LDP renewed its call for a new Constitution,
新憲法の制定reflecting
日本らしい日本の姿 their vision of the “real Japan”
・・・ LDP’s concerns have shifted to the content being
particularly Japanese rather than the process itself ・・・

14. The Content of the 2012 Proposal
unfortunately,
is a choice
which ignores the choices
our forebears made

15. My Utmost Concern
is
the Amending Procedure

16. The Constitution shall be amended
with a simple MAJORITY
of members of each Houses
then
presented to the people for ratification
through a MAJORITY
of all votes casted

17. Another huge concern is the
complete ELIMINATION of Article
97 which refers to the origins and
reception of Fundamental Human
Rights

18. The Deletion of Article 97
goes together with
the Deletions to the Preamble

19. Japan,
A New “Country Risk” ?