Interpretation of Former Prime Minister Abe's Preamble to the Constitution - It is necessary to revise the preamble at the same time as the revision of Article ９ of the Constitution.
2022-05-10
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The following is the preamble to the Constitution of Japan. Former Prime Minister Abe, who appeared on TV as acting secretary general of the LDP in ２００５, was talking about the interpretation of the preamble to the Constitution. The preamble to the Constitution is a declaration of peacekeeping on the premise that it has no military power, and it is premised that it will be supported by other countries.
How Japan enjoyed peace during the post-war Cold War, and how to maintain peace in the midst of the rise of China and the runaway of North Korea, should be discussed separately. ..
Preamble to the Constitution of Japan
The Japanese people act through their representatives in a legitimately elected parliament, ensuring the achievements of harmony with the nations and the abundance of freedom throughout our country for our descendants, the government. Decided to prevent the tragedy of war from happening again by the act of, proclaiming that sovereignty exists in the people here, and finalizing this constitution. In the first place, national affairs are based on the solemn trust of the people, whose authority comes from the people, whose power is exercised by the representatives of the people, and whose welfare is enjoyed by the people. This is a universal principle of mankind, and this Constitution is based on this principle. We exclude any constitutions, statutes and imperial rescripts that violate this.
peace-loving nations. We decided to keep our safety and survival. We want to occupy a prestigious position in the international community, which strives to maintain peace and forever remove tyranny and servitude, oppression and narrowness from the earth. We affirm that the people of the world have the right to live in peace, free from fear and deficiency.
[Interpretation of former Prime Minister Abe]
We have decided to maintain our security and survival by trusting the justice and faith of peace-loving nations. → Leave it to other countries and decide to do nothing (Abe interpretation)
We want to occupy a prestigious position in the international community, which strives to maintain peace and forever remove tyranny and servitude, oppression and narrowness from the earth. → Let's get compliments from the international community that we are working on instead of asking for something (Abe interpretation)
It is a frank opinion that seems to be the former Prime Minister Abe. Many Japanese still think that Japan's peace has been protected by Article ９ of the Constitution, but the interpretation that it was protected by the United States rather than by Article ９ of the Constitution is more realistic. prize.
On the flip side, if the United States does not protect Japan, Japan's peace will be completely destroyed.
POINT The debate on the revision of Article ９ of the Constitution is overheating, but it seems necessary to discuss revising the preamble itself on the premise that it does not have force in the first place.
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Japan received a warm welcome at the Bandung Conference. Gratitude from each country for colonial liberation.
Shunichi Kase, Counselor for Foreign Affairs, attended the first Asian-African Conference in 1955, which was attended by 29 countries, and described the reactions of each country at the time as follows:
People from both Africa and Asia welcomed the event with comments such as ``Thank you for coming'' and ``Thanks to Japan.'' The Greater East Asia Joint Declaration, which established Japan's brave fight for the peoples of Asia and its significance, shines in history. If Japan had not issued the Greater East Asia Declaration and made the liberation of the Asian peoples the purpose of the war, or if Japan had not sacrificed and fought for Asia, we would still be under British control. It remained a colony, a Dutch colony, a French colony. Today's Asia exists because Japan made great sacrifices and fought bravely for the Asian people. That's what it meant.
People from both Africa and Asia welcomed the event with comments such as "Thank you for coming" and "Thanks to Japan." If Japan had not fought with such sacrifices, we would still be a colony of England, France, and the Netherlands. The Greater East Asia Joint Declaration, which established Japan's brave fight for the peoples of Asia and its significance, shines in history.
The Asian-African Conference was held as a place for the Asian and African countries that gained independence one after another after the war to unite in mutual recognition of national self-determination.
Ten principles for peace adopted at the first conferenceFundamental human rights and the United Nations Respecting the purpose and principles of the Charter
Respect the sovereignty and territorial integrity of all countries
Recognize the equality of all human beings and the equality of all nations, large and small.
Do not interfere in the internal affairs of other countries
Respect the right to individual or collective self-defense under the United Nations Charter
Do not use collective defense for the special interests of great powers. Also, do not put pressure on other countries.
Do not jeopardize the territorial integrity or political independence of other countries through invasion, threat of invasion, or use of force.
International disputes are resolved by peaceful means
Promote mutual benefits and cooperation
Respecting justice and international obligations
Korea always says they represent Asia, but they don't represent .
World's First Anti-Racism Bill - Proposed by Japan, a Permanent Member of the League of Nations.
I wonder if Japan appears in world history around the time of the Sino-Japanese War. The world took note of the great accomplishments of the eastern island nation, and the West, which had considered China a great power, came to call China the ``sleeping lion.''
The next great achievement was the Russo-Japanese War. Heihachiro Togo, who won the Battle of the Sea of Japan, was featured on the front page of newspapers around the world, and is said to be the first Japanese person to be featured on the front page of a newspaper around the world. After that, Japan rose to the forefront of the world and became a permanent member of the League of Nations in 1919.
In 1919, Japan became the first country in the world to propose a bill to eliminate racial discrimination at the United Nations. Already during this period, Japan objected to the West's domination of Asia. Former Foreign Minister Nobuaki Makino criticized the racial discrimination caused by Western countries' colonies in various parts of Asia. (Nobuaki Makino: second from the left in the front row of the photo)
This is the world's first international organization to introduce a bill on the elimination of racial discrimination, with two representatives from France and two from Italy in favor, 11 from Greece, the Republic of China, Portugal, Czechoslovakia, the Kingdom of Serbs, the Kingdom of Croatia, Slovenes and Japan, and the United Kingdom against it. ・There were 5 people from the United States, Poland, Brazil, and Romania, so there was a majority in favor.
Many Japanese people think that the elimination of racial discrimination is a concept developed from the West, but in fact, it was Japan that first called for the elimination of racial discrimination.
At the time, Britain was abducting black people from Africa and trading them as slaves to the Americas. America used black slaves to grow cheap agricultural products and export them to countries around the world. The American representative argued that this was a no-go because it was not unanimous. Is there such a thing as a principle of unanimity among the 16 members?
Makino once objected, saying that the bill could be passed by majority vote, but the bill was rejected in accordance with the principle of unanimity in the United States, which was already a superpower at the time. This was nine years after the annexation of Japan and Korea and 22 years before the start of the Greater East Asia War.
South Korea continues to say that it was discriminated against and deprived of by Japan, but Japan was fighting in international organizations on a completely different scale. The annexation of Japan and South Korea and the annexation of Taiwan are assimilation policies that are completely different from Western-style colonies. Assimilation policy means that the Japanese, Koreans, and Taiwanese living there have equal rights and are subject to the rule of law.
The Greater East Asia War was a war between Japan and the white countries that ruled Asia, based on the idea that all Asian countries should maintain their independence and co-prosperity. The Greater East Asia Co-prosperity Sphere concept was not something that suddenly appeared on a whim.
Korea claims that it suffered racial discrimination during the annexation of Japan and Korea, but it seems that they do not really understand what racial discrimination at that time meant.
Constitutional Democratic Party member Konishi continued to complain at ABEMA TV that there was no legal basis for former Prime Minister Abe's state funeral.
Opposition party member developing original theory
It is clear that the Cabinet decides on national ceremonies
Clearly answered in parliamentary questions
Opposition parties' opinions should be as good as their approval ratings
The media mass-produces inequality of speech
Congressman Konishi of the Constitutional Democratic Party continued to complain on ABEMA Prime that there is no legal basis for former Prime Minister Abe's state funeral. He developed his own theory that the ceremonies performed by the state in the Cabinet Establishment Act referred to the ceremonies performed by the imperial family.
Looking at the Cabinet Establishment Act, Article 4, Paragraph 3, Item 33 states, ``Matters related to national ceremonies and affairs related to ceremonies and events conducted by the Cabinet (excluding matters that fall under the jurisdiction of other ministries).'' It is written. The Imperial Household Ceremonies set out in the Imperial House Law are interpreted to be included in this, and Article 7 of the Constitution states, ``The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state for the people.'' It becomes.
This is done with the advice and approval of the Cabinet under the Cabinet Establishment Act. In other words, nowhere does it say that the national ceremonies specified in the Cabinet Establishment Act refer only to ceremonies of the imperial family.
He asked a question in the Diet about the legal basis of the cabinet decision for state funerals, and Prime Minister Kishida clearly stated, ``Holding a state funeral, which is a national ceremony, based on a cabinet decision, means that the cabinet has decided to conduct a national ceremony.'' This is included in the function of administrative power, and Article 4, Paragraph 3, Item 33 of the Cabinet Office Establishment Act clearly states that the Cabinet Office is responsible for affairs related to national ceremonies. I think it is possible, as it is clear in the law that the performance of national ceremonies that include national ceremonies is included in the functions of administrative power.''.
I wonder what the media means by equality of reporting. It is said that reporting the voices of opposition parties equally means not reporting only the opinions of a particular political party, but is reporting the opinions of opposition parties in the same manner really equal reporting equality? . According to opinion polls, even though the largest opposition party is the Nippon Ishin no Kai, it only has about 6% of the vote, while the Constitutional Democratic Party has about 5%. It is hard to believe that these opinions are represented by the number of seats that stand against the ruling party, and it is far from possible that they represent the voices of the people. In other words, reporting should be around 5% to 6% of the total, which would also be consistent with the meaning of equality.
On the contrary, Japan's current media outlets report on the claims of these opposition parties more than they do on the claims of the ruling Liberal Democratic Party. Recently, the opposition parties have become weak and are making a fuss by simply making counterarguments and making a fuss as if it were a flaming tactic, and the media, whose audience ratings continue to decline, are taking advantage of this to make numbers, which seems to be creating this inequality. appear. The media should mainly report the opinion that the Cabinet decision to hold a state funeral based on the Cabinet Establishment Act is legal.
The political reform outline of 1989 has become a mere shell - What is Prime Minister Kishida's formulation of
One faction after another announced that they would be disbanded, and Prime Minister Kishida also mentioned the dissolution of the Kochi-kai. Looking at the Political Reform Outline drawn up in 1989, we can see that it does little to address the current party ticket issue. This is an outline adopted by the Liberal Democratic Party in the wake of the Recruit Incident. Prime Minister Kishida has said that he will formulate "new rules," but what is the position of the political reform outline that his own party has drawn up in the past? You can read the full text of the outline by clicking on the link, but here we will describe the table of contents and main points.
Excerpt of the Political Reform Outline
Revising and strengthening the Code of Conduct and the Political Ethics Review Board
Enactment of law to disclose assets of members of the Diet to establish political ethics
Strengthening the ban on donations to ceremonial occasions, etc.
Regulations on business card advertisements, New Year's cards, etc.
Strengthening regulations on posters, etc.
Reducing personnel and office costs
Stock trading regulations
Restraint of parties and new regulations
Concentration of donations to political parties and support for member activities
Expansion of public aid to members of the Diet and examination of political party laws focusing on state subsidies
Fundamental reform of the electoral system
Reduction of total constants
Correcting disparities
Fundamental reform of the electoral district system
Exercising the uniqueness of the House of Councilors
Reform of the current proportional representation system
Reducing the total number of constants and correcting the imbalance in the allocation of constants
Enhancing deliberations and easy-to-understand parliamentary management
Respect for majority rule
Achieving efficient parliamentary management
Determination to remove and eliminate the harmful effects of factions
Transition to a modern national party
Reflections of tribal members
Improving the number of winnings system and ensuring that rewards and punishments are mandatory
New rules for determining candidates
Establishment of decentralizationMay 23, 1989 Political Reform Outline
Has anything been achieved in this? Looking at the recent party ticket issue, it appears that it has largely faded away, but Prime Minister Kishida recently announced that he is considering disbanding the Kochi-kai. Mr. Nikai's Shijo-kai has announced that it will be disbanded, and the Seiwa-kai, which started it, will also be disbanded. Was it because of the faction itself? In short, it was probably a matter of not reporting political funds. Looking at public opinion to date, it appears that the majority opinion was that the existence of factions themselves was not a problem as a forum for policy discussion, and the prosecutor's investigation also focused on undocumented issues.
Prime Minister Kishida has said that he will create new party rules while dissolving factions, but first he will create check items from this political reform outline and evaluate each item in stages to see what has been achieved and to what extent. Why not consider it? Instead, they will consider "new rules."
The negative reason for the creation of factions is related to the structure of the parliamentary cabinet system. Personnel decisions within the party are all about internal party theory, and almost everything is shaped by interpersonal relationships. Your treatment will change depending on which trend you go with. Since the prime minister is the leader of the largest ruling party, the choice of leader is based on internal party theory and is determined by votes from party members based on their factions. On the other hand, if we adopt a dual representation system, no matter how many theories we create within the party, the top positions are decided by the people, so there is little point. It is said that in the United States, which has a presidential system, there are almost no cliques like there are in Japan.
It is said that one of the reasons why Japan has adopted a parliamentary cabinet system is to limit the authority of the top government. The reason is that they do not have much authority in the sense of reflecting on past wars after defeat. For this reason, Japanese politics takes a very long time to make decisions. In that sense, it can be said that the system is very vulnerable to emergencies. In a dual representation system, the people choose the top person, so the quality of their votes is different from that of other members of the Diet. Furthermore, the number of votes that would be obtained based on the assumption that all citizens would participate in the vote would be vastly different. Members of the Diet are simply elected in the regions in which they run for office. For this reason, the president is given greater authority than the prime minister, who is elected by members of the parliament. This authority also exerts great power in emergencies.
State funerals are an exclusive matter of the Cabinet - clearly stated in the Cabinet Office Establishment Act, similar discussions have been made in the past and a conclusion has been reached.
Public opinion grills the perpetrator's motive
Don't politicians have freedom of religion?
State funerals are an exclusive matter of the Cabinet
Certified by Cabinet Office Establishment Act
It is the opposition members who are not based on the law
Public opinion in Japan is still agitated over the issue of state funerals. In the first place, I am appalled by the way the Japanese media is using the claims of the person who murdered former Prime Minister Abe as they are, changing it to a picture of the Liberal Democratic Party and the Unification Church. They are even using the murderer's crazy and erroneous motives to provoke the people.
Shouldn't politicians be religious? Freedom of thought and belief is a legitimate human right granted to all citizens. If there is a problem that violates the Political Funds Control Act, then that would be fine, but in that case, religious groups and companies are completely irrelevant. Former Prime Minister Abe merely offered his greetings. I tried looking for a law that says greetings are a crime, but I couldn't find anything. I would like the definition of the word "involvement" to be clear. But that's it.
The Kishida Cabinet decided to hold a state funeral, but I wonder if there is a problem. Opposition parties and the media are shouting that there is a problem with the decision-making process. Many say that at least the Diet should be involved in decision-making. For a long time after the war, there was no legal regulation regarding state funerals, and according to Yoichi Takahashi, similar points were raised and discussed at the time of former Prime Minister Yoshida's state funeral. In other words, it was not clear at the time who should make decisions, how they should be decided, and what process should be used, which was already discussed in the past.
In 1999, the Cabinet Office Establishment Act was enacted, and in the legislation that clearly stipulated matters decided by the Cabinet Office, Article 4, 3-32 states, `` Affairs related to national ceremonies and ceremonies and events conducted by the Cabinet.'' Regarding ”. In other words, the National Assembly, or the legislative branch, has enacted a law that states that state funerals, which are national ceremonies, are the exclusive domain of the Cabinet.
There is no problem with the process by which the Cabinet made decisions based on the Cabinet Office Establishment Act. If the Diet should be involved now, it means that all members of the Diet have already been involved, the legislative branch has enacted legislation, and the Kishida Cabinet has decided to hold a state funeral accordingly. Don't members of Congress have an obligation to obey the law?
This makes me question whether Japan really is a country ruled by law. Incendiary voices that sound like they are from a special country are corrupting a democratic society.
