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