［社説］憲法論議深めて私権制限のあり方示せ
21衆院選
2021/10/26
感染症をはじめ危機が相次ぐ現代は、国民が政府の危機管理に求める水準が高まる。そこでは私権をどこまで制限できるのかという憲法を踏まえた議論が欠かせない。各党は憲法論議を深め、危機下の私権制限のあり方を示すべきだ。
厳しい外出制限には憲法論議を尽くす必要がある（2021年1月、ロックダウン中のロンドン ロイター=共同）
新型コロナウイルス対策では人流抑制や医療資源の確保で、政府の権限が十分ではなかった。公約では自民党が「行政がより強い権限を持てるための法改正を行う」とし、国民民主党は「移動制限のあり方と法制化の検討」を掲げている。
危機管理の強化は行政の権限を強め、憲法が保障する人権や自由の一時的な制限を伴う。ワクチン接種証明なども個人の活動を制約する面があり、私権制限の議論はウィズコロナ時代の社会経済活動においても重要だ。
人流抑制を強めるため外出禁止措置を検討する場合、移動の自由の制限が課題になる。欧米では外出を原則禁止とし、やむをえない出勤、短時間の運動などを例外としている。移動の自由に配慮して例外が多くなれば人流抑制の効果は薄れ、導入に疑問符が付こう。
規制はリスクに比例して考えるのが憲法の要請だ。ただ根拠になる科学的知見が定まらない段階で判断を迫られることもあり、知見の蓄積に応じて見直す柔軟さが必要だ。試行錯誤が続く政治と専門家の関係も知恵が求められる。
各党が憲法論議を尽くし、私権制限のあり方で幅広い合意を得ることは法的な安定性をもたらす。これは行政が政治の批判や司法の違憲審査を過度に恐れることなく執行できる環境として重要だ。強制的な措置は権限があってもためらう例が少なくないためだ。
執行能力の問題もある。コロナで逼迫した保健所については、立憲民主党や公明党、共産党が人員の手当てを唱える。緊急対応に必要になる能力をどのような形で保有するのか議論を深めるべきだ。
私たちはいたずらに公的部門を膨らませるのではなく、民間部門との連携を基本にすべきだと考える。それには平時から官民の意思疎通を図る取り組みが必要だ。
コロナ病床の確保が円滑に運んだ地域は、平時から行政と医療機関の関係が良好なところが多い。いざというときは準備してきたことしかできないというのが過去の危機管理の教訓である。
Summary:
Pandemic requests us to think the way in emergency. We need some ways which different from daily ones, or common ways. Then, We are requested to think some ways to restrict our freedom of transfer, working, business activities and you name it.
The preset constitution admits our freedom as fundamental human rights. Then, if we want to restrict our freedom, constitutional amendment is asked. Provided the amendment of its article is admitted, the government is qualified to restrict the freedom by declaring city lock down, curfew, martial law. As a result of it, an effective policy can be carried out. It may our business to choose which way we take a way as it is used to be or to amend.
USS Connecticut collision info in S.China Sea must be disclosed: Global Times editorial
By Global Times
Published: Oct 26
File photo of USS Connecticut Photo: AFP
It has been more than three weeks since the USS Connecticut, a Seawolf-class nuclear attack submarine, suffered an underwater collision in the South China Sea early this month. However, the US is still keeping quiet about where the collision occurred and what the submarine had hit.
What is known is that the collision took place on October 2 and that the US took until October 7 to send out brief and vague information in its statement that the collision occurred "in international waters in the Indo-Pacific region." Later, the US confirmed through sources that the accident took place in the South China Sea, because the Connecticut later rose to the surface only about 40 nautical miles from China's Xisha Islands.
The USS Connecticut is the most advanced Seawolf-class attack submarine of the US, with its attack and reconnaissance capabilities being very powerful. What mission was it on when it quietly submerged in the South China Sea? How many times has it been here before? These questions are enough to stir the region deeply.
In addition, China collected an underwater drone released by the US military in the South China Sea in 2016. Given that the South China Sea is more than 8,000 miles away from the US mainland, the US has multiple military bases around the South China Sea, and they are suspected to have carried out intense submarine operations here. What on earth are they doing in this area? What exactly did the USS Connecticut collide with? Why did that happen? Does it have environmental consequences, and did it create hidden dangers? These are of great concern to the region.
We strongly appeal to the US to release the basic information of the accident immediately. As a great power, the US has the responsibility and obligation to do this. The USS Connecticut is a military one with advanced technology and great lethality. It is a nuclear attack submarine. It was submerged in the South China Sea and collided with an "unknown object." This was by no means "innocent passage." The submarine has caused tremors in the region and created tensions that the US needs to work on to calm.
The exact collision spot and what the submarine hit are information that the US must release publicly. Otherwise, it will mean that the US has done something unconscionable such as moves that violate international law and seriously infringe on other countries' interests in the South China Sea. Whether the collision caused nuclear leakage and environmental damage is directly related to the interests of the region. The US should give a credible answer while regional forces should verify it based on the information provided by Washington.
The international community is speculating what the USS Connecticut hit. The guesses include underwater reefs, abandoned ships, fishing equipment, and underwater vehicles or sonar devices that were deployed by the US itself. Nonetheless, people are waiting for the US' disclosure. The US is a great power outside of the region. It sent a nuclear submarine for operations in the South China Sea but refused to disclose what happened to its vessel in the collision. This is completely unacceptable.
The South China Sea is not the Caribbean Sea where the US Army comes and goes at will. There is no such hegemonic logic that regional countries can only bear the consequences without knowing the causes when an external power makes a mess.
Regrettably, the mainstream US media have remained silent this time. The mainstream media of other Western countries also tolerated the US military to make a fool of the international community with a tiny piece of news. Where is their ability to seek accountability and their investigation ability? Why do they turn a deaf ear to the US military's behavior of hiding the truth that obviously violates international rules?
We call on the international community to stand up and ask for an explanation from the US. The US has the most maritime military operations, which are also the most active ones covering all important waters worldwide. The US' attitude is that whatever the US Navy does is the rule. It does not accept any questioning and supervision. It is necessary for the international community to set rules for the US Navy's operations, and the first rule should be letting it carry out its due information disclosure and stop its actions under the table on major issues threatening other countries' security.
Affairs such as the nuclear attack submarine's collision in the South China Sea are not only the US military's own business. The concerns of regional countries are legitimate and reasonable. Their right to know should not be scorned. Therefore, the US military must answer the questions raised by all parties. The international society's supervision and demands will not stop until the US military gives an answer.
Summary:
It has been more than three weeks since the USS Connecticut, a Seawolf-class nuclear attack submarine, suffered an underwater collision in the South China Sea early this month. However, the US is still keeping quiet about where the collision occurred and what the submarine had hit.
China strongly appeal to the US to release the basic information of the accident immediately. As a great power, the US has the responsibility and obligation to do this. The USS Connecticut is a military one with advanced technology and great lethality. It is a nuclear attack submarine. It was submerged in the South China Sea and collided with an "unknown object." This was by no means "innocent passage." The submarine has caused tremors in the region and created tensions that the US needs to work on to calm.
Affairs such as the nuclear attack submarine's collision in the South China Sea are not only the US military's own business. The concerns of regional countries are legitimate and reasonable. Their right to know should not be scorned. Therefore, the US military must answer the questions raised by all parties. The international society's supervision and demands will not stop until the US military gives an answer.