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
2014年6月28日土曜日
2014年6月23日月曜日
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.
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.
2013年4月18日木曜日
We like it. Why change it?
Editorials
Commentary
Reader Mail
Cartoons
This is from the Japan Times online. Serious business.
Editorials
LDP out to undermine Constitution
Apr 18, 2013
Prime Minister Shinzo Abe and his Liberal Democratic Party are stepping up a call for changing Article 96 of the Constitution, a clause designed to prevent an imprudent revision of the Constitution.
Their call shows that either they do not understand or they are deliberately ignoring the fundamental principle of modern constitutional politics, which is that a constitution is an important mechanism to prevent the power of the government from subjecting people to arbitrary policies or autocratic rule.
Article 96 says that amendments to the Constitution must be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House, and then must be submitted to the people for ratification, which requires the affirmative vote of a majority of all votes cast at a special referendum. Mr. Abe and the LDP want to change the article so that amendments to the Constitution can be initiated with a concurring vote of a simple majority in each House.
Article 96 at present makes it difficult to change the Constitution. Its purpose is to prevent politicians and political parties from eliminating the Constitution’s most fundamental clause, which states that sovereignty rests with the people, and from weakening crucial constitutional rights — freedom of thought, speech and expression, the right to choose public officials, freedom of assembly and association, freedom from arbitrary arrests, etc.
The Japan Restoration Party supports the stance of Mr. Abe and the LDP on Article 96, and both parties are striving to win the coming Upper House election so that proconstitutional revision forces can win two-thirds or more of the Upper House seats to enable the Diet to initiate a revision of Article 96.
The current situation in which politicians and political parties are casually talking about changing Article 96 is highly dangerous. Citizens should be wary of the rhetoric and moves of these politicians and parties.
The argument that the Japanese Constitution is too difficult to revise is wrong. Constitutions of many developed countries including the United States include a mechanism that prevents haphazard constitutional revisions.
The LDP’s call for weakening Article 96 without officially making proposals in the Diet to change particular constitutional articles is just an act of public deception. The party’s draft constitution, which proposes changing the war-renouncing Article 9, enables Japan to deploy the “Defense Military” overseas for military actions almost without any restrictions. The draft also restricts freedom of assembly and association and freedom of speech and expression by prohibiting activities and organizations “that harm public interests and public order.” It even intrudes into the sphere of citizens’ private lives by saying that “family members must help each other.”
It cannot be emphasized too much that the LDP is trying to impose a constitution that runs counter to the principle of modern constitutional politics as well as postwar Japan’s no-war principle.
Commentary
Reader Mail
Cartoons
This is from the Japan Times online. Serious business.
Editorials
LDP out to undermine Constitution
Apr 18, 2013
Prime Minister Shinzo Abe and his Liberal Democratic Party are stepping up a call for changing Article 96 of the Constitution, a clause designed to prevent an imprudent revision of the Constitution.
Their call shows that either they do not understand or they are deliberately ignoring the fundamental principle of modern constitutional politics, which is that a constitution is an important mechanism to prevent the power of the government from subjecting people to arbitrary policies or autocratic rule.
Article 96 says that amendments to the Constitution must be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House, and then must be submitted to the people for ratification, which requires the affirmative vote of a majority of all votes cast at a special referendum. Mr. Abe and the LDP want to change the article so that amendments to the Constitution can be initiated with a concurring vote of a simple majority in each House.
Article 96 at present makes it difficult to change the Constitution. Its purpose is to prevent politicians and political parties from eliminating the Constitution’s most fundamental clause, which states that sovereignty rests with the people, and from weakening crucial constitutional rights — freedom of thought, speech and expression, the right to choose public officials, freedom of assembly and association, freedom from arbitrary arrests, etc.
The Japan Restoration Party supports the stance of Mr. Abe and the LDP on Article 96, and both parties are striving to win the coming Upper House election so that proconstitutional revision forces can win two-thirds or more of the Upper House seats to enable the Diet to initiate a revision of Article 96.
The current situation in which politicians and political parties are casually talking about changing Article 96 is highly dangerous. Citizens should be wary of the rhetoric and moves of these politicians and parties.
The argument that the Japanese Constitution is too difficult to revise is wrong. Constitutions of many developed countries including the United States include a mechanism that prevents haphazard constitutional revisions.
The LDP’s call for weakening Article 96 without officially making proposals in the Diet to change particular constitutional articles is just an act of public deception. The party’s draft constitution, which proposes changing the war-renouncing Article 9, enables Japan to deploy the “Defense Military” overseas for military actions almost without any restrictions. The draft also restricts freedom of assembly and association and freedom of speech and expression by prohibiting activities and organizations “that harm public interests and public order.” It even intrudes into the sphere of citizens’ private lives by saying that “family members must help each other.”
It cannot be emphasized too much that the LDP is trying to impose a constitution that runs counter to the principle of modern constitutional politics as well as postwar Japan’s no-war principle.
2013年3月12日火曜日
PS...
It was especially cruel that our Prime Minister's announcement of his intention to have Japan engage in foreign military adventures coincided with the anniversary of the devastating tsunami and earthquake of March 11, 2013--and the budget hearings allocating Japan's money. When people are still living in emergency housing, when the infrastructure that supports the local economy has not been replaced, do we need to hear that our money is going to be used to destroy other people's homes and infrastructure? (that's what military adventures usually accomplish)
Shouldn't Japan be a nation that stands up for its peace principles and chooses life over war? There is still time for Japan to do the right thing. Or is the clause in the constitution about the people's right to a decent standard of living going to be the next to go?
PS: If you have never read Japan's constitution, why not google it? It's a lovely document and can be read in its entirety in about 20 minutes.
Shouldn't Japan be a nation that stands up for its peace principles and chooses life over war? There is still time for Japan to do the right thing. Or is the clause in the constitution about the people's right to a decent standard of living going to be the next to go?
PS: If you have never read Japan's constitution, why not google it? It's a lovely document and can be read in its entirety in about 20 minutes.
2013年3月11日月曜日
Oh, Really?
I can't believe a sitting Prime Minister said this about his own country's constitution. Japan has taught the world to love sushi, sumo, anime and all manner of alien cultural offerings. Why not share with the world what Japan learned the hard way, ending in 1945: Grown men aka hawkish governments waging war on women and children is immoral. Japan, the only country with peace spelled out in its constitution, needs to own its own history.
Shame on Prime Minister Abe for saying:
"The war-renouncing Article 9 of the Constitution should be revised so that Japan can participate in collective military action authorized by the U.N. Charter, Prime Minister Shinzo Abe declared Saturday." (from the Japan Times online)
Is this something that should be said by someone who is meant to be guided by that very constitution?
Shame on Prime Minister Abe for saying:
"The war-renouncing Article 9 of the Constitution should be revised so that Japan can participate in collective military action authorized by the U.N. Charter, Prime Minister Shinzo Abe declared Saturday." (from the Japan Times online)
Is this something that should be said by someone who is meant to be guided by that very constitution?
2008年5月8日木曜日
One Week in May Studded with Golden Days
There are so many legal holidays in the first week of May that it is called Golden Week.
May 3, for instance, honors the Constitution. May 5 is Children's Day. So that May 4 doesn't suffer by comparison, it has been dubbed Green Day. Put together, they made a lovely and long weekend. This year, because Constitution Day fell on a Saturday, Tuesday (May 6) was thrown in as a make-up holiday.
It rained on Saturday, so instead of going out on Constitution Day, I did something radical. I sat down and read the Constitution. It took about 20 minutes, and I found some items that even the erstwhile "leader of the free world" doesn't have in its own Constitution.
Article 25. All people shall have the right to maintain the minimum standards of wholesome and cultured living. (2) In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
How cool is this? We all have health insurance and access to medical/dental care. There aren't any slums or inner cities for the unempowered in the western sense of the world.
Article 26. All people shall have the right to receive an equal education correspondent to their ability, as provided by law. (2) All people shall be obligated to have all boys and girls under their protection receive ordinary educations as provided for by law. Such compulsory education shall be free.
This, too, is incredibly cool. Everyone can read and write!
Article 27. All people shall have the right and the obligation to work. (2) Standards for wages, hours, rest and other working conditions shall be fixed by law. (3) Children shall not be exploited.
To work is to be human. To give a fair day's work for a fair day's pay does a lot for an adult's pride. There is no welfare class. Lay-offs and unemployment are not unknown, and yet they are not on the same scale as in the US, and they are not endemic to certain demographics the way they are in the US.
The Constitution: to know it is to love it. Have you read yours lately?
May 3, for instance, honors the Constitution. May 5 is Children's Day. So that May 4 doesn't suffer by comparison, it has been dubbed Green Day. Put together, they made a lovely and long weekend. This year, because Constitution Day fell on a Saturday, Tuesday (May 6) was thrown in as a make-up holiday.
It rained on Saturday, so instead of going out on Constitution Day, I did something radical. I sat down and read the Constitution. It took about 20 minutes, and I found some items that even the erstwhile "leader of the free world" doesn't have in its own Constitution.
Article 25. All people shall have the right to maintain the minimum standards of wholesome and cultured living. (2) In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
How cool is this? We all have health insurance and access to medical/dental care. There aren't any slums or inner cities for the unempowered in the western sense of the world.
Article 26. All people shall have the right to receive an equal education correspondent to their ability, as provided by law. (2) All people shall be obligated to have all boys and girls under their protection receive ordinary educations as provided for by law. Such compulsory education shall be free.
This, too, is incredibly cool. Everyone can read and write!
Article 27. All people shall have the right and the obligation to work. (2) Standards for wages, hours, rest and other working conditions shall be fixed by law. (3) Children shall not be exploited.
To work is to be human. To give a fair day's work for a fair day's pay does a lot for an adult's pride. There is no welfare class. Lay-offs and unemployment are not unknown, and yet they are not on the same scale as in the US, and they are not endemic to certain demographics the way they are in the US.
The Constitution: to know it is to love it. Have you read yours lately?
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