Japan's Democracy at Risk The LDP's Ten Most Dangerous Proposals for Constitutional Change

Abstract

Japan’s dominant political party, the “Liberal Democratic Party” (LDP), returned to power following a big victory in parliamentary elections held in December 2012. On April 28 of that year, the LDP released comprehensive proposals to amend Japan’s Constitution. The date was selected to commemorate the end of Japan’s Occupation by foreign military forces sixty years before. The initial draft of Japan's present Constitution was prepared by American military officers in February 1946 and it was reviewed and adopted by the national parliament while the country was under occupation. It has never been amended. Many of the nation’s political leaders have harbored a deep resentment ever since and have vowed to rid the nation of the “foreign Constitution.”The 2012 LDP revision proposals begin with a re-wording of the Preamble and extend throughout the document. They take direct aim at the concept of universal human rights. This attack is explained in an LDP pamphlet released in October 2012: Rights are gradually formulated through the history, tradition and culture of each community. Therefore, we believe that the provisions concerning human rights should reflect the history, culture and tradition of Japan. The current Constitution includes some provisions based on the theory of natural rights. We believe these provisions should be revised. This article reports on several of the proposed revisions. In the process of rejecting the western theory of natural rights, the LDP authors would significantly expand state power and limit individual rights protection.