Some More Thoughts on Japan's Peace Constitution

There is an excellent commentary in today's Japan Times online, from a gentleman in Kansas. I know we are not in Kansas, but this article makes good sense. Here's a sample:

Turning to the rule of law, the primary principle at the foundation of the rule of law is that no person or agency is above the law. Its very essence is the idea that there is one set of laws to which every person and entity is subject, and which is applied equally to all. Thus, not only is the government subject to the law, but government power must be exercised through and in accordance with the law, and not through the use of discretion or arbitrary fiat.

A further and important aspect of the rule of law is that the law must be generally accessible and intelligible, meaning that laws are sufficiently clear, precise and predictable.

Laws must also be susceptible to change, but only in accordance with established mechanisms, and in conformity with democratic principles.



So: (1) No one, not even (make that especially) the Prime Minister, is above the law. (2) There is a legally-prescribed mechanism for change, and it is not arbitrary fiat. (3) Being "clear", "precise" and "predictable" is important.

To see the complete article, go to http://www.japantimes.co.jp/opinion/2014/06/27/commentary/japan-commentary/reinterpreting-article-9-endangers-japans-rule-of-law/#.U64BtbmKAiQ

Caution: Democracy at Work

When most of the nations of the world (with a few notable exceptions) have not started a war in decades, there are those who are ready to say, "This is what world peace looks like." Japan is probably the only one among the non-war-starting nations to actually have a clause in the Constitution that prohibits war. Most of us want to keep it that way.

What happens when the people want one thing and the Prime Minister (not elected by popular vote, by the way)wants something else? We will soon find out.

Here's what the Japan Times reports about popular opinion vs the Prime Minister:



55% now opposed to Abe’s collective self-defense push, survey says

Kyodo, JIJI




Jun 22, 2014
Public opposition to Prime Minister Shinzo Abe’s bid to overturn the ban on collective self-defense jumped to 55.4 percent from 48.1 percent last month, according to the latest survey.

In a nationwide telephone poll conducted by Kyodo News over the weekend, 57.7 percent of respondents said they are also against the Abe administration’s methods, which involve reinterpreting — rather than formally amending — the war-renouncing Constitution, while just 29.6 percent expressed support.

The survey also revealed that 62.1 percent of respondents were concerned the scope of Japan’s exercise of collective self-defense would expand once the ban is removed, and 74.1 percent said the ruling LDP-led coalition should not set a time frame to end discussions on the issue.