Why should it be amended now? As Bloomberg reports, the LDP has pointed out that “several of the current constitutional provisions are based on the Western European theory of natural human rights; such provisions therefore [need] to be changed.”
LDP has been proposing the revision of the Constitution since 1955
The party's agenda has never blamed Western European theory of natural human rights.
Our party respects the dignity of every individual, fundamental human right, liberalism and democracy.
Aren't "the dignity of individual" "human right " derived from Western European theory of natural human rights?
Must Japan's Constitution exactly mirror the constitutions of the western world?
Human rights and the dignity of individual cannot be applied without a context : they must be embedded in a society considering historical and social conditions.
The West needs to respect the difference.
In fact, in Nippon Kaigi’s view, Japan was the wronged party in the war.
Was Japan's prosecution of WWⅡ mistake?
Japan was partly to blame but some parts were correct just as America was partly to blame but some parts were correct.
Do you agree with the emperor's statement on pacifism and putting harm on the people Japan conquered ?
I think everything the emperor said is correct
According to the Congressional Research Service, Nippon Kaigi believes that “Japan should be applauded for liberating much of East Asia” during WW2, that the “Tokyo War Crimes tribunals were illegitimate,” and that the rape of Nanking was either “exaggerated or fabricated.” It denies the forced prostitution of Chinese and Korean “comfort women” by the Imperial Japanese Army, believes Japan should have an army again — something outlawed by Japan’s current constitution — and believes that it should return to worshipping the emperor.
Whose statements does the Congressional Research Service referring to ?
Needs quotations from the statements by Nihonkaigi or someone representing Nihonkaigi.
the old imperial “Rising Sun” flag was flown,
I am not sure which party he is referring to but
Google 日本会議 旭日旗 and 日本会議 祝賀
Nihonkagi apparently has no preference for the old imperial “Rising Sun” flag
the (very short and controversial) imperial national anthem was sung. The lyrics are addressed to the emperor: “May your reign Continue for a thousand, eight thousand generations, Until the pebbles grow into boulders Lush with moss.”
Kimi does not necessarily mean the emperor. Lots of Japanese want to interpret it as the loved one
Fascist rally?
The LDP’s draft for an amended constitution would eliminate the prohibition on imbuing religious organizations with “political authority,” clearing the way for the return of state Shintoism and emperor worship.
It does not eliminate the prohibition on imbuing religious organizations with “political authority,”
Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State
The State, local government and any public organization shall refrain from specific religious education or any religious activity.
This shall not apply to the activities which are just social custom and rituals.
In other words, public political authority shall refrain from any religious activity but if the activity is social custom which does not advance nor inhibit religious practice, it is allowed.
Is U.S. President banned from saying "Merry Christmas" or " God bless America" ?
The draft would also repeal the provision that the “Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as a means of settling international disputes,” along with the provision that “land, sea, and air forces, as well as other war potential, will never be maintained.” (Not that Japan has, hitherto, been too strict about this particular rule: According to the Credit Suisse Military Strength Index, Japan currently has the fourth-strongest military in the world, behind only the U.S., Russia, and China.)
Did he really read the draft?
Aspiring sincerely to an international peace based on justice and order, the Japanese people renounce war as a sovereign right of the nation and the threat or use of force as means of settling international dispute.
The provision of the preceding paragraph shall not prevent the exercise of the right to self‐defense;
The new constitution also repeals the right to free speech, adding a clause stating that the government can restrict speech and expression that it sees as “interfering [with] public interest and public order.”
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
Regardless people shall not engage in the activities nor organize the assembly for the purpose of harming the public interest and the public order.
No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
The new draft constitution adds a warning that “the people must be conscious of the fact that there are responsibilities and obligations in compensation for freedom and rights.” These “obligations” include the mandate to “uphold the [new] constitution” and “respect the national anthem” quoted above. Also that “the people must comply with the public interest and public order,” and “the people must obey commands from the state” in times of “emergency.”
The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.
All of the people shall be respected as human beings. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public interest and the public order, be the supreme consideration in legislation and in other governmental affairs.
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights. People must realize that with freedom comes responsibility and obligation and shall not violate the public interest and the public order.
Note even in U.S. and U.K. that
A property right can be restricted in the public interest provided that there is a 'fair balance' between the interests concerned
and that sometimes your rights may conflict with someone else’s rights or with the interest of the wider community, so your rights may have to be restricted to protect other people’s rights or the rights of the community.
Also take note of Public-order crime in U.K and U.S.
These “obligations” include the mandate to “uphold the [new] constitution” and “respect the national anthem” quoted above.
Right. people must respect the national anthem but it does not say people must sing the national anthem.
Also that “the people must comply with the public interest and public order,” and “the people must obey commands from the state” in times of “emergency.”
In the event of attack by an external military force, domestic insurgency, large-scale natural disaster or other emergency defined by the laws, the Prime Minister may declare a state of emergency after deliberation in a cabinet meeting.
It shall obtain prior or, subsequent approval of the Diet.
When the state of emergency declared, for the protection of the life, body, or property of people ,the state and/or the public organizations shall issue the instruction, which people shall follow.
Even in this case, utmost respect shall be paid to the fundamental human rights such as the right to equal treatment, freedom from bondage of any kind and involuntary servitude, freedom of thought and conscience, and freedom of assembly and association as well as speech, press and all other forms of expression freedom of expression.
But not everyone is bound by these obligations: The Emperor is exempt from the requirement to uphold the constitution.
I am not sure why "the Emperor" was dropped from the article 102 but it does not necessarily mean the emperor is not bound by the constitution: the very constitution defines him/her and his/her constitutional obligations.
Moreover,
The Emperor shall be the Head of State and the symbol of the State and of the unity of the people, deriving his position from the will of the people with whom resides sovereign power.
Do people think it is okay for the Emperor to violate the constitution? The will of people binds the Emperor.
Likewise, the Emperor is required, under the new constitution, to seek “advice” from the cabinet — but not, as he is currently required, to seek “advice and approval
He does not know how to interpret present Japanese constitution.
「助言」と「承認」の関係[編集]
国事行為は内閣の助言と承認に基づかなければならず、内閣が国事行為の責任を負う（第3条）。条文の文言上は、国事行為に先立つ「助言」と、国事行為の事後の行為である「承認」の2つの行為が必要とも考えられる。しかし、およそ国事行為は内閣の意思に基づいて行われるとの趣旨であるとみて両者を統一的にとらえ「助言」と「承認」それぞれ別の閣議に基づく必要はないとみるのが一般的であり[2]、実際上もそのような取扱いがされている。
Even in the present constitution, it is not the case that the emperor act independently of the cabinet, then the cabinet approves the act. Every act of the Emperor in matters of state is based upon the advice of the cabinet, and the Cabinet shall be responsible therefor
The advice of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor.
Every act of the Emperor in the matter of state is bound by the Cabinet's will.
因みにおれは、自民党草案全然いいとは思わないが、この記事の作者は多分、そもそも、草案を読んでいない
(日本会議）
