Showing posts with label national referendum bill. Show all posts
Showing posts with label national referendum bill. Show all posts

Sunday, May 20, 2007

The revisionists ascendant

Western commentators who only intermittently pay attention to Japan seem to be befuddled by the Japanese constitution. They seem to have a hard time grasping the difficulties associated with changing it, the totemic significance it has been made to bear by both pacifists and revisionists — and thus tend to assume that revision is easy, right, and only a matter of time. One example is Thomas Barnett's glib comment about the inevitability of revision, discussed here. Another is this post at Commentary Magazine's Contentions blog by Gordon Chang, who tells readers that "article nine has not been enforced for decades." True, perhaps, but missing the point entirely. Citing one of Japan's "most prominent journalists," [I have a hunch; do readers have any guesses?] Chang argues, "The constitution stigmatizes the past and...prevents Japan from becoming 'a normal country.'"

Think about that: people don't stigmatize the past, the constitution does. In other words, if the constitution were revised, Japan would be able to have an honest debate and there would be no more obfuscation or outright denial regarding atrocities committed by Imperial Japan during World War II.

Rather than continue to pick apart Chang's argument, however, I would rather call your attention to an excellent monograph that spells out the history of Japan's constitution revision debate and tries to answer the question of why, despite persistent pressure from revisionists, the constitution has gone unrevised to this day.

Written by J. Patrick Boyd and Richard Samuels in 2005, Nine Lives?: The Politics of Constitutional Reform in Japan outlines, in a mere sixty pages, the contours of Japan's contested constitution (a book by that name, collecting primary sources related to revision, is this week's book of the week [see link at right]). The Boyd and Samuels monograph is available from the East-West Center here.

What I especially liked about their argument is that it cuts through the flighty rhetoric that all sides have employed when talking about revision. Their rather elegant, parsimonious argument is that while pacifist norms and the global and regional balance of power have played a part in the revision debate, the constitution — and Article 9 in particular — has survived unchanged due to a balance of power among political forces within Japan during the postwar era.

Boyd and Samuels show that a triangular balance between revisionists, pragmatists, and pacifists has prevented the revisionists from succeeding, with the pragmatists — the school of Prime Minister Yoshida and his successors — holding the balance against revision in tacit alliance with the pacifists throughout the cold war. In other words, while for some Japanese the importance of the constitution has been its deeming Japan a "peace state," the pragmatists defended it — sometimes by rejecting revision entirely, other times by pushing re-interpretations or compromises that preserved the essence of the amendment — as a means of avoiding the costs of alliance with the US that other "normal" allies had to bear. Accordingly, throughout the cold war, the pragmatists and revisionists battled for primacy in the LDP and thus in the Japanese political system, with the pragmatists holding the upper hand for much of the postwar period. Even during the Gulf War, when revisionist LDP Secretary-General Ozawa Ichiro wanted to commit Japanese soldiers to the coalition, the pragmatist wing managed to defeat him and commit only funds to the campaign (with the perverse consequence that international backlash against Japan's checkbook diplomacy fed into the revisionist argument that a newly wealthy Japan had to contribute more internationally).

Moving into the 1990s, Boyd and Samuels note that the pragmatist-pacifist dam holding the revisionist flood waters in place collapsed, with the Japanese left breaking down and the pragmatists in the LDP outmaneuvered and isolated by revisionists, who were encouraged by the more uncertain post-cold war international environment. Symbolic of this was the end of the "YKK" trio of Yamasaki Taku, Kato Koichi, and Koizumi Junichiro, an alliance between the pragmatic Yamasaki and Kato and the revisionist Koizumi. The pragmatists are not gone, of course — Yamasaki criticized the collective self-defense study group the other day — and with the Komeito an essential coalition partner for the LDP, pacifism still has a voice within the government. But the balance is undeniably shifted.

And so we see the revisionists ascendant, first under Koizumi, and now under Abe. Disagreeing with Graham Webster, slightly, I think the difference between Koizumi and Abe is not so much a matter of "sentimental" versus "practical": it's more a matter of political style. As in Isaiah Berlin's useful (but perhaps over-used) dichotomy, "The fox knows many things, but the hedgehog knows one big thing." Koizumi was a classic fox, jumping from subject to subject, sometimes seeming to care more about style and image than substance. Abe, meanwhile, is obsessed with the constitution (and the "post-war regime) — his "one big thing." Accordingly, although both Koizumi and Abe have seen disorder grow among opponents of constitution revision grow even as revisionists consolidated their control of the LDP, Koizumi abjured from striking directly at Article 9. Obviously, Abe has not, thanks in part to the LDP majority assembled in the September 2005 "postal reform" election.

Interestingly, as Boyd and Samuels note — and as I've argued before — that with the collapse of organized opposition to revision within the political system, the only potential source of opposition is from the Japanese people themselves. Whether they can or will is another question entirely, but the push for revision is an opportunity for the Japanese people to raise their voices and claim the process for themselves.

Another point they raise relevant to the situation today is that even as the revisionists gained power during the 1990s, they opted to hold off from re-interpreting Article 9 to permit collective self-defense, arguing that it was a waste of political capital to push for re-interpretation — reversible by a future government — when revision, a more permanent change, was so close at hand. And yet we see Prime Minister Abe pushing simultaneously for both revision and collective self-defense in limited cases. Is his ambitious agenda simply a function of his obsession, or is it a natural product of fifteen years of revisionist ascendancy? With Abe, are the revisionists not merely ascendant but triumphant?

Samuels and Boyd, wisely, hesitate to predict if and when revision will occur, arguing simply that Japan's political dynamics over brought Japan to a critical turning point.

Meanwhile, they make an interesting point about a potential consequence of revision. Namely, if Abe succeeds, if Japan embraces collective self-defense and revises Article 9, Japan's long-standing fears of entrapment by the US — an important part of the pragmatist position — will be more justified than ever. It becomes that much harder to say no to a US determined to go to war with Japan by its side without having Article 9 to hide behind. Given the tremendous unease with the alliance and with the prospect of Japan contributing to America's wars that I've seen evinced by the Japanese people time and time again during my time here, changing Japan's constitution to enable Japan to be a better ally of the US may have the unintended consequence of leading Japan to balk when asked (with all the attendant consequences).

With three years of debate to come, I strongly hope that if and when revision occurs, it will take into account the doubts and questions outlined by Boyd and Samuels — and that the ultimate form of any proposed revisions reflect the input of actors other than the revisionists.

Hopefully now that the Diet has passed the referendum bill, Samuels and Boyd will do some revising of their own and release a new version of this monograph that reflects the changes under Abe.

Monday, May 14, 2007

What manner of constitution debate will Japan have?

In the wake of yesterday's passage of the national referendum bill, each major daily unsurprisingly featured an editorial looking forward to the next three years of debate on revision.

In the left-wing Asahi Shimbun, the mood was, unsurprisingly, despondent about the passage of the bill. At the same time, though, the tone was defiant, taking up the prime minister's challenge to make the July Upper House elections about constitution revision.

The issue of most concern seems to be that in the LDP's draft constitution produced last year, the second clause of Article 9 says, in lieu of the prohibition on the maintenance of armed forces for aggressive war and the renunciation of the right of belligerency, "To ensure the peace and independence, as well as the security, of our country, the prime minister shall be the commander-in-chief and a self-defense 'army' shall be maintained." [The draft uses 自衛軍 instead of 自衛隊, indicating the elevation of the JSDF — which currently use the nominally more modest-sounding "force" — into a proper military.]

Lamenting the lack of debate heretofore, Asahi argues that this proposed change should be the basis for a popular debate on revision.

The right-of-center Yomiuri Shimbun, meanwhile, criticizes the DPJ for its opposition, in spite of the fact that "not a small number of members" believe strongly in revision. Echoing the prime minister, Yomiuri argues, "The international situation and Japan's security environment have been dramatically transfigured, Japan's economic system is changing fundamentally, and there are conditions at home and abroad that could not even be imagined at the time the constitution was created. Furthermore, [Japan] must weather more waves of great change to come." Yomiuri also argues that it is imperative for the DPJ and Komeito to make their own draft revisions quickly.

The right-wing Sankei Shimbun, similar to the Yomiuri, criticized the DPJ and Komeito for heretofore failing to draft substantive revision, and laments the superficial character of the constitution revision debate thus far, which is odd, considering that unlike the Asahi and Yomiuri editorials, the Sankei editorial does not even hint at what the major points of discussion ought to be.

Obviously readers will note that one common thread running through these editorials is concern about the quality of debate thus far, and calls for a widespread debate on revision in the Diet and among the Japanese people at large. Interestingly, when discussing the issues involved in revision, the editorials talked solely about Article 9. While Article 9 is fundamental — the constitution is, after all, often described as "Japan's pacifist constitution" — it seems that the debate is as much about what kind of country Japan should be in the twenty-first century; Japan's security posture is but one part of that debate, and it is imperative that other parties to the debate begin to take in the same terms as Abe. To date, it seems that Abe alone has talked, however vaguely, about the Japan as it ought to be, essentially having the field to himself.

It is long past due for Abe's opponents to present their own, preferably more concrete, visions for Japan's future, and to challenge the assumptions made by the prime minister that constitution revision is a necessary step to a better future for Japan. The burden of proof is on advocates of revision, not on those who are skeptical about or in outright opposition to revision: Abe and company have to demonstrate, concretely, how the system designed by the constitution has failed, and how revision will enable the Japanese state and people to better cope with future challenges and ensure continuing prosperity.

It is also time that opinion leaders begin questioning the government's assumption that constitution revision is a necessary condition for creating a "beautiful country." I strongly disagree with Yomiuri's argument that because aspects of the world today were not envisioned sixty years ago, the constitution must be reformed. Statements like that must be backed up with solid demonstrations of what makes them so.

Has the modern world fatally undermined the relevance of Japan's postwar constitution? How so?

When Abe talks about discarding the postwar regime, what does that mean? What part of the regime? Just the security bits? Or the whole bloody mess? If so, why isn't Abe talking about destroying the LDP, which has played an outsized role — arguably a more significant role than the constitution — in shaping postwar Japan?

Vestiges of the 1955 system, which has long distorted policy by placing sectional and local interests above national interests, remain. Why isn't Abe turning his attention to this significant piece of the "postwar regime"?

And what about the assumption that because Japan's security environment is changing, it must revise its constitution? Why revise, if re-interpretation will suffice?

And, above all, what exactly do the Japanese people want?

On these questions, it seems that Abe and other advocates of revision have been given a free pass.

Ultimately, I think constitution revision is useless without political reform. Japan's problem is not its constitution, but rather the parasitic policy making system — the alliance between the LDP and the bureaucracy — that has no constitutional standing whatsoever, and has perverted Japan's institutions to selfish ends. Changing the constitution without changing the policy making process, which necessarily means destroying the LDP as it exists, is futile.

Let the debate begin?

The Upper House of the Diet passed the national referendum bill this afternoon. In accordance with the bill's provisions, there will be a three-year moratorium on constitution amendments — meaning Japan has until 2011 to have a thorough debate on whether and how to revise the constitution. With luck Japan will have a new, slightly less obsessive prime minister by then.

As for the prospects of a debate on revision, check out this post at Shisaku, discussing comments by Tokyo Governor Ishihara Shintaro on whether the constitution ought to be revised — you may be surprised to learn where the ever feisty governor stands.

But will Japan actually have the open debate that Ishihara rightly says it ought to have? And now that Abe has his referendum law, will he actually get around to governing, or is he going to sit in the Kantei staring at the clock and twiddling his thumbs for three years, occasionally coming out to talk about the "beautiful country" that Japan will become once it has rid itself of that awful "foreign" constitution that is apparently the source of all Japan's problems?

Friday, April 13, 2007

Constitution revision -- still a long way away


The big story out of Japan today, aside from Chinese Premier Wen's final day in Japan, spent visiting Kyoto, is that the Lower House's Special Investigative Committee on the Constitution passed the LDP draft of a national referendum bill that is a critical precursor to constitution revision.

A massive piece of legislation (printed in its entirety in the Yomiuri today, at left), the bill still has to go before the whole Lower House, as well as the Upper House's Special Investigative Committee on the Constitution and the whole Upper House.

The bill will in all likelihood be passed into law, but the question is whether the opposition will be able to stall debate and push the date of passage past 3 May, the sixtieth anniversary of the promulgation of the Constitution and the date by which Abe wants the bill passed.

Beyond the national referendum bill, however, constitution revision remains a distant prospect -- as I mentioned in this post, the Yomiuri's own poll recorded a drop in support for revision, and an earlier poll found that constitution revision was a low priority compared to more pressing policy concerns. The process of revising the Constitution will depend greatly on the leadership of the prime minister, whether Mr. Abe or a successor, and I have great doubts as to whether Abe would be capable of commanding debate within the Diet and selling the product to the nation.

How's this for a sign of Abe's tenuous position: The Mainichi Shimbun reports that former Prime Minister Koizumi's offers of support for LDP candidates in forthcoming Upper House by-elections in Fukushima and Okinawa prefectures have been rejected, according to an unnamed source, who is quoted as saying, "If Koizumi works [on behalf of candidates], Prime Minister Abe Shinzo will necessarily be compared with him. The number one thing Koizumi can do to offer his support is to do nothing."

Does that sound like the strategy of a prime minister and party leader secure in his office and capable of leading a landmark campaign to revise the Constitution?

Friday, March 30, 2007

The DPJ's dilemma

With the Abe Cabinet determined to press ahead with passage of a bill establishing a national referendum system so that when the time comes a revised constitution can be submitted to a vote, the Democratic Party of Japan finds itself in something of a bind, because unlike previous opposition parties, the DPJ is not opposed to revision of the constitution -- it does not have a totemic attachment to the postwar system.

But, of course, it still wants to be an active opposition party that makes life difficult for the government.

That is the dilemma found in current deliberations about submitting a rival national referendum bill to the Diet. As Mainichi reports, the DPJ has decided to submit its own plan, which differs from the government's draft only in that the DPJ wants to set up a "general" national referendum system.

Once Japan's political parties get around to discussing the actual substance of constitution revision, there will no doubt be plenty of debate and disagreement, but for the moment that's neither here nor there, because both parties are looking to July's upper house elections. The DPJ, torn between its policy goals and its desire to hammer the government and improve its standing in advance of the elections, once again looks weak and indecisive.

This is a problem that will not go away. The DPJ has yet to find a way to present itself as a viable opposition party with the potential to form a government, without looking like an LDP-lite (having the old LDP operator Ozawa at the helm may not be the best way of presenting the DPJ as a new wind in Japanese politics).

As such, for all the Abe Cabinet's troubles one should not expect revolutionary political change any time soon. On the contrary, as suggested in a conversation with another American Japan watcher with whom I met this past week, Japan may well be in for another period of short-lived LDP governments headed by bland pols.

The Koizumi era seems like it was ages ago.