July 23, 2015
Prime Minister Abe Shinzo is seeking to enact the war bills before visiting the U.S. to attend the UN General Assembly in late-September. In order to achieve this, he may resort to implementing the “sixty-day rule” of the Diet.
Under the sixty-day rule, if the House of Councilors (HC) fails to take a vote within sixty days after receiving a bill which was passed by the House of Representatives (HR), the HR will have a chance to enact the bill by a two-thirds majority vote.
Article 59 of the Constitution stipulates that a bill becomes a law on passage by both Houses of the Diet in principle. As an exception, it explains that a bill which is rejected by the HC after passed by the HR becomes a law when it is approved a second time by the HR by a majority of two-thirds or more. In addition, the article states that if the HC makes no decision on a bill sent from the HR within 60 days, the HR may take a vote to determine that the HC rejects the bill. This is the “sixty-day rule”.
The governing Liberal Democratic and Komei parties have a two-thirds majority in the HR and a majority in the HC. The ruling coalition in the HC, however, may be reluctant to put the war bills to the vote because the bills are criticized as unconstitutional by law experts and are becoming unpopular among the general public. It is said that the ruling block will be unable to steamroller the bills through the HC as they did in the HR.
On the other hand, PM Abe is eager to enact the war legislation which he says will strengthen Japan-U.S. military cooperation, believing that it will be “the biggest present to offer to Washington” (an LDP official). The prime minister extended the current session of the Diet for three months and forced the war bills through the HR on July 15. On September 14, PM Abe will reportedly resort to the “sixty-day rule” and enact the war bills by having the HR pass them with a two-thirds majority.
Abe’s stance completely ignores the checks and balances embodied in the two-chamber system and parliamentary democracy. The ruling coalition should refrain from abusing the “sixty-day rule” that was created to be used only in exceptional circumstances.
Under the sixty-day rule, if the House of Councilors (HC) fails to take a vote within sixty days after receiving a bill which was passed by the House of Representatives (HR), the HR will have a chance to enact the bill by a two-thirds majority vote.
Article 59 of the Constitution stipulates that a bill becomes a law on passage by both Houses of the Diet in principle. As an exception, it explains that a bill which is rejected by the HC after passed by the HR becomes a law when it is approved a second time by the HR by a majority of two-thirds or more. In addition, the article states that if the HC makes no decision on a bill sent from the HR within 60 days, the HR may take a vote to determine that the HC rejects the bill. This is the “sixty-day rule”.
The governing Liberal Democratic and Komei parties have a two-thirds majority in the HR and a majority in the HC. The ruling coalition in the HC, however, may be reluctant to put the war bills to the vote because the bills are criticized as unconstitutional by law experts and are becoming unpopular among the general public. It is said that the ruling block will be unable to steamroller the bills through the HC as they did in the HR.
On the other hand, PM Abe is eager to enact the war legislation which he says will strengthen Japan-U.S. military cooperation, believing that it will be “the biggest present to offer to Washington” (an LDP official). The prime minister extended the current session of the Diet for three months and forced the war bills through the HR on July 15. On September 14, PM Abe will reportedly resort to the “sixty-day rule” and enact the war bills by having the HR pass them with a two-thirds majority.
Abe’s stance completely ignores the checks and balances embodied in the two-chamber system and parliamentary democracy. The ruling coalition should refrain from abusing the “sixty-day rule” that was created to be used only in exceptional circumstances.
