March 3, 2016

Prime Minister Abe Shinzo at a House of Councilors Budget Committee session on March 2 touched upon constitutional revision and said, “I’d like to accomplish this during my term in office.”

This is a violation of Article 99 of the Constitution which stipulates, “Ministers of State, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.”

He also expressed his intent to make constitutional revision a major campaign issue in the upcoming Upper House election in July by saying, “That (amendments to the Constitution) was our party’s platform focus in the last general election. So, we will continue calling for it.”

During the previous day’s session of the House of Representatives Budget Committee, he indicated that the purpose of constitutional reform is to fully enable Japan’s armed forces to exercise the right to collective self-defense. He said, “Our (the Liberal Democratic Party) draft amendments have been written based on the belief that Japan can use the right which it has under international law.” He is obviously aiming to resolve the contradiction between the security-related legislation and the current Constitution.

Abe once said, “70% of constitutional scholars interpret that the existence of the SDF itself goes against Article 9 Paragraph 2. Accordingly, the collective self-defense right is also interpreted as unconstitutional” (Lower House Budget Committee on February 3).

This is why he is ardently striving to change the Constitution and incorporate Japan’s national forces into a revised constitution. However, what he seeks is literally “troops” capable of fighting wars abroad with the United States, not exclusively “defensive defense forces” which are not allowed to use armed force abroad like the present SDF.

In the LDP draft constitution, the party deletes the existing Article 9 Paragraph 2 which stipulates, “[L]and, sea, and air forces, as well as other war potential, will never be maintained.” Instead, it adds new provisions to Article 9, “The war-renouncing provision shall not preclude the use of the right to self-defense” and “National defense forces shall be set up”.

Prime Minister Abe has obsessively been showing his eagerness for constitutional revision. As long as Article 9 Paragraph 2 exists, the criticism that the war laws are unconstitutional will never stop, and “limitations” and “restrictions” will remain in regard to the exercise of the right to collective self-defense. His recent pro-amendment remarks may stem from his frustration with these constraints.

Past related article:
> LDP makes constitutional revision an election promise [November 26, 2014]