Common Knowledge Revisited
【ニッポンの新常識】安保法制審議の引き延ばし図る政治家よ、中国に恩を売りたいのか To Politicians Trying to Delay Deliberations on National Defense Bills: Are You Trying to Curry Favor with China?
http://www.zakzak.co.jp/society/domestic/news/20150613/dms1506131000003-n1.htm
I have been quite irritated watching the diet deliberations on the national defense bills. These are deliberations on bills which are essential for the Japanese national defense, but all I see are discussions of issues totally off the mark.
I have high regard for Prime Minister Shinzo Abe’s political skills, but I am dissatisfied with the progress of these discussions.
The mean reason the government has proceeded with proposing changes in the interpretation of Article 9 of the Constitution necessary to exercise the collective right to self-defense is because the People’s Republic of China (PRC) presents an imminent threat to Japan. The opposition parties continue to press points which are off the main issue because this has not been stated clearly and persuasively.
The Chinese Communist Party is behind not only the problems in Okinawa and the Senkaku Islands, but also the opposition to U.S. bases and the movements for Okinawan independence. There are Chinese operatives participating directly in the activities in Okinawa Prefecture.
There is a high probability that the large numbers of fishing boats which intruded in the waters off the Ogasawara Islands to engage in poaching of red coral did so pursuant to the PRC National Mobilization Law, with fishing vessels and fisherman mobilized, and the costs of fuel and other compensation subsidized.
The argument that such revisions should follow a constitutional amendment to Article 9 is technically correct, but the current situation does not allow for a leisurely response. Do politicians which attempt to delay this legislation have some obligation to the PRC or wish to win its favor for some reason?
200 constitutional scholars have endorsed the view that the national bills are unconstitutional, and the anti-Abe media is having a field day.
But it is meaningless to seek the opinion of constitutional scholars concerning these national defense bills. It is outside their area of expertise.
I studied constitutional law at law school in the United States, but the nature of such studies is very different between Japan and the U.S.
Japanese legal scholars learn the text of the constitution and the interpretation of that text. On the presupposition that the text is proper, they memorize the text and the meanings of the words, and try to understand the points of conflict in the major court rulings.
At the national bar exam, they are expected only to accurately reproduce the things which they have memorized, and it is taboo to criticize the text of the constitution.
By contrast, those studying constitutional law in the United States learn “how the constitution should be.” It is important for each student to develop an outlook on the concept and purpose of a constitution. Since there are 52 constitutions (1 federal constitution, 50 state constitutions, and the unwritten English common law), learning the actual provisions and interpretation of any certain constitution are left until later.
After all, what is the purpose of a constitution? From time to time governmental authority oversteps its bounds and the interests of the citizens are sacrificed. Constitutions are adopted to set forth restrictions on this otherwise unrestrained power of governmental authority. Therefore, the provisions of a constitution are determined so as to protect the people.
The majority of the Japanese Constitution is in accordance with this purpose, but Article 9 is different.
By taking away the right for Japan to maintain and exercise military power, this provision placed the Japanese people in a dangerous position, initially in order to protect the American people. But now, the Chinese and Korean people are the ones being protected by Article 9.
Regardless of how times change, Japanese constitutional scholars who judge a constitution only by its actual text are obliged to state that “the national defense bills under consideration are unconstitutional.” These constitutional scholars who were asked to provide their opinions to the national diet have been placed in a very awkward position.
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