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Japan protesters divided on calls for constitutional reform

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Japanese activists demonstrated Sunday on Japan's 62nd Constitution Day to voice opposing views about an approaching referendum on the country's pacifist constitution. Efforts to reform the constitution are particularly focused on Article 9, which has been interpreted to bar Japan from maintaining military forces and from using force in international conflicts except in self-defense. A three-year public consultation period on possible amendments is set to expire in 2010, thus paving the way for a national referendum on the proposals. Proponents of the reforms say the constitution is outmoded and restricts Japanese participation in international negotiations, arguing that the text was forced on the country following World War II and must be updated. A bloc of activists opposed to the reforms fear that pacifist ideals will be lost in the amendments. A recent survey found that 64 percent of Japanese residents oppose an Article 9 amendment. Under Article 96 of the Constitution, possible constitutional amendments must be approved by both houses of the National Diet by a two-thirds vote, and the changes must then be approved by a majority of voters in a national referendum. Japan has struggled in recent years to balance its constitution with international demands. In January, Japanese defense minister Yasukazu Hamada ordered the country's Maritime Self-Defense Force to combat piracy in the waters surrounding Somalia, despite concerns that combat could be prohibited by Article 9. In April 2008, a Japanese court ruled that the country's dispatch of air force troops in Kuwait is unconstitutional, but did not order the government to redeploy the personnel. Former Japanese prime minister Shinzo Abe called for constitutional reform in 2007, arguing that the pacifist constitution does not reflect changes in the country's foreign and security policies.

Full post as published by JURIST - The Paper Chase on May 04, 2009 (boomark / email).