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LDP drafts Constitution revisions / 2nd version clarifies right to collective self defense, emergency provisions
The Yomiuri Shimbun
The main opposition Liberal Democratic Party has unveiled the second draft of its revisions to the Constitution, stipulating, among other things, the maintenance of "national defense forces" for self-defense purposes.
In the revisions released Friday, the LDP proposed the creation of an article related to emergency events that would increase the prime minister's power and authority temporarily during large-scale disasters and armed or terrorist attacks, given Diet approval.
In an attempt to further clarify the right to collective self-defense, the LDP has changed the Article 9 amendment from its first revision draft.
The LDP revised the first draft, written in 2005, to mark the 60th anniversary on Saturday of the effectuation of the San Francisco Peace Treaty, which restored the nation's sovereignty.
The latest draft consists of a preamble and 11 chapters. An emergency event-related article, which is not included in the current Constitution or the first draft, was newly added as Chapter 9.
The new article approves the prime minister's right to declare a state of emergency and the Cabinet's right to establish government ordinances that have the same power as laws while under a state of emergency.
The draft says people's basic human rights will be respected as much as possible, obliging citizens to follow the instructions of the government and public organizations while also allowing the government to impose restrictions on private rights.
The draft also requires the prime minister to win the approval of the Diet before or after declaring the state of emergency.
While preserving the pacifist nature of Paragraph 1 of Article 9 of the Constitution, the draft deleted from Paragraph 2 the declaration that the nation will not maintain "war potential." Instead, Paragraph 2 of Article 9 now stipulates, "The provision of the preceding paragraph shall not preclude Japan from invoking the right to self-defense." The deletion of the denial of war potential was also proposed in the first draft. The LDP considers the right to collective self-defense is included in the right to self-defense. Because the invocation of the right to self-defense is outlined in further detail in the second draft, it has now been clarified that the country is allowed to exercise the right to collective self-defense, according to the LDP.
The first draft and the original proposals for the second draft referred to "military for self-defense," but the latest draft uses the term "national defense forces."
In the latest draft, the preamble has a highly conservative tone. It explains, for example, that the nation has a long history and indigenous culture, and is a country crowned with an Emperor, a symbol of the unification of the nation. It was also newly stipulated in Article 1 that the Emperor is the head of state. Article 3 specifies that the Hinomaru is the national flag of Japan and "Kimigayo" is the national anthem.
The LDP is said to be cautious about presenting the latest draft to the House of Representatives Deliberative Council on the Constitution without making any changes.
"The nation will be unable to make judgments [on the draft] since a wide variety of changes were made," said former Home Affairs Minister Kosuke Hori, hinting the draft will be further reworked, at a press conference Friday. Hori is leading the party's efforts to compile the draft.
Observers said the LDP unveiled the second draft on the 60th anniversary of the nation's recovering sovereignty to again question what Japan stands for today.
The party strengthened its efforts to rectify the "defects" of the existing Constitution in terms of crisis management and security. This is why the latest draft emphasizes the creation of an emergency event-related article and the clarification of the authorization to invoke the right of collective defense.
LDP President Sadakazu Tanigaki demonstrated his resolve to invite discussion on the constitutional amendments.
"We want to take the lead in formulating an independent Constitution and clarify the course and framework the nation should adopt," Tanigaki said at a press conference to announce the latest draft.
Regarding the temporary increase in power and authority granted to the prime minister during a crisis, a senior LDP member of the party's Headquarters for the Promotion of Revision to the Constitution, said it "was firmly agreed upon" among party members. This is apparently because they witnessed the failure in crisis management exemplified by the administration of former Prime Minister Nato Kan following the March 11, 2011, earthquake and tsunami.
(Apr. 29, 2012)
Sobre
El texto habla sobre el cambio de nombre de "fuerzas de Autodefesa de Japón" para "Fuerzas Armadas de Japón"
Nada é eterno...
LDP drafts Constitution revisions / 2nd version clarifies right to collective self defense, emergency provisions
The Yomiuri Shimbun
The main opposition Liberal Democratic Party has unveiled the second draft of its revisions to the Constitution, stipulating, among other things, the maintenance of "national defense forces" for self-defense purposes.
In the revisions released Friday, the LDP proposed the creation of an article related to emergency events that would increase the prime minister's power and authority temporarily during large-scale disasters and armed or terrorist attacks, given Diet approval.
In an attempt to further clarify the right to collective self-defense, the LDP has changed the Article 9 amendment from its first revision draft.
The LDP revised the first draft, written in 2005, to mark the 60th anniversary on Saturday of the effectuation of the San Francisco Peace Treaty, which restored the nation's sovereignty.
The latest draft consists of a preamble and 11 chapters. An emergency event-related article, which is not included in the current Constitution or the first draft, was newly added as Chapter 9.
The new article approves the prime minister's right to declare a state of emergency and the Cabinet's right to establish government ordinances that have the same power as laws while under a state of emergency.
The draft says people's basic human rights will be respected as much as possible, obliging citizens to follow the instructions of the government and public organizations while also allowing the government to impose restrictions on private rights.
The draft also requires the prime minister to win the approval of the Diet before or after declaring the state of emergency.
While preserving the pacifist nature of Paragraph 1 of Article 9 of the Constitution, the draft deleted from Paragraph 2 the declaration that the nation will not maintain "war potential." Instead, Paragraph 2 of Article 9 now stipulates, "The provision of the preceding paragraph shall not preclude Japan from invoking the right to self-defense." The deletion of the denial of war potential was also proposed in the first draft. The LDP considers the right to collective self-defense is included in the right to self-defense. Because the invocation of the right to self-defense is outlined in further detail in the second draft, it has now been clarified that the country is allowed to exercise the right to collective self-defense, according to the LDP.
The first draft and the original proposals for the second draft referred to "military for self-defense," but the latest draft uses the term "national defense forces."
In the latest draft, the preamble has a highly conservative tone. It explains, for example, that the nation has a long history and indigenous culture, and is a country crowned with an Emperor, a symbol of the unification of the nation. It was also newly stipulated in Article 1 that the Emperor is the head of state. Article 3 specifies that the Hinomaru is the national flag of Japan and "Kimigayo" is the national anthem.
The LDP is said to be cautious about presenting the latest draft to the House of Representatives Deliberative Council on the Constitution without making any changes.
"The nation will be unable to make judgments [on the draft] since a wide variety of changes were made," said former Home Affairs Minister Kosuke Hori, hinting the draft will be further reworked, at a press conference Friday. Hori is leading the party's efforts to compile the draft.
Observers said the LDP unveiled the second draft on the 60th anniversary of the nation's recovering sovereignty to again question what Japan stands for today.
The party strengthened its efforts to rectify the "defects" of the existing Constitution in terms of crisis management and security. This is why the latest draft emphasizes the creation of an emergency event-related article and the clarification of the authorization to invoke the right of collective defense.
LDP President Sadakazu Tanigaki demonstrated his resolve to invite discussion on the constitutional amendments.
"We want to take the lead in formulating an independent Constitution and clarify the course and framework the nation should adopt," Tanigaki said at a press conference to announce the latest draft.
Regarding the temporary increase in power and authority granted to the prime minister during a crisis, a senior LDP member of the party's Headquarters for the Promotion of Revision to the Constitution, said it "was firmly agreed upon" among party members. This is apparently because they witnessed the failure in crisis management exemplified by the administration of former Prime Minister Nato Kan following the March 11, 2011, earthquake and tsunami.
(Apr. 29, 2012)
Sobre
El texto habla sobre el cambio de nombre de "fuerzas de Autodefesa de Japón" para "Fuerzas Armadas de Japón"
Nada é eterno...
