Constitution Day in the 80th year after World War II comes while the world is being hit by strong winds that appear to rewind the clock in units of centuries back to a time when naked authority wreaked havoc on the world.
The United States is endangering the free trading structure, Russia’s invasion of Ukraine is continuing and European nations, which can no longer depend on Washington, are proceeding to ramp up their defense spending.
China once again is applying pressure on Taiwan with a show of military strength in surrounding waters.
And the tragedy in Gaza continues.
OUT-OF-CONTROL UNITED STATES
If this chaos represents a transition period for the world order, Japan, which had been guided by the United States, might be set adrift.
President Donald Trump has repeatedly expressed his dissatisfaction with the Japan-U.S. security arrangement.
What kind of nation does Japan want to be?
Guidelines are already in place.
Now is the time to once again choose the Constitution which sets out universal principles.
This is not only about tariffs. We look on with doubt at the major shift created by the United States, which had been recognized by itself and others as the main engine for freedom and democracy.
Incredibly, the president has made diversity his sworn enemy, appears to have no thoughts about freedom of expression or academic freedom and shows no sign of embarrassment even when acting as if everything is all about money.
It is understandable that a French lawmaker became incensed and asked for the return of the Statue of Liberty after observing the spread of a fictional video showing a statue of Trump erected on a Gaza that had been converted into a resort area.
From the enactment of the current Constitution containing the principles for the state that have lasted until the present day, Japan has been under the strong influence of the United States.
Freedom and democracy were widely made known as new values for a defeated Japan and the people greatly welcomed the pacifist Constitution as they started to rebuild from the devastation of war.
That represented a conversion to a state that protected the freedom of individuals who were to be respected, rather than the old concept of having individuals only for the purpose of the state.
The United States dropped the atomic bombs that leveled the cities of Hiroshima and Nagasaki.
Despite that fact, as well as the occasional high-handed nature of that major power, many Japanese in the postwar era have held positive feelings toward the United States because it was a land where diverse peoples gathered under the banner of freedom and democracy, where opinions were exchanged over issues both large and small and which had an open society that strove toward co-existence among disparate groups.
That is also the kind of society the Constitution is trying to encourage for Japan.
DO NOT ABANDON RULE OF LAW
The United States now appears to be a bad example.
But if we think about Japan and its society of 80 years ago, can we not say that the very fact many Japanese today are grimacing at the United States going out of control is a result of the course taken in the postwar era together with the Constitution?
Japan has become a nation that clearly believes in rule of law, not rule by certain people.
But we are still only part of the way and Japan also has bad precedents of administrations not heeding the law.
A good example is the national security law passed in 2015 during Shinzo Abe’s second stint as prime minister. That led to a change in constitutional interpretation through a Cabinet decision as well as the distorting of a Supreme Court ruling.
That can only be described as an outrageous act.
While such sore spots exist, Japan in general has gradually moved forward while respecting the principles of the Constitution.
Last year, the Supreme Court ruled that the former Eugenic Protection Law was unconstitutional. In 2023, the Supreme Court ruled as unconstitutional a law about changing one’s gender that had conditions for surgically removing reproductive functions.
The reason used in both verdicts was Article 13, the foundational support for constitutional principles.
It states: “All of the people shall be respected as individuals.”
The spread of social media and advances made in artificial intelligence have led to new issues arising that are closely intertwined with privacy and confidentiality of communication.
The Constitution calls for issues to be weighed on their merits as they arise.
Reflecting on constitutionalism, a major precondition is emphasizing procedure and there is need for informed debate in the Diet, regardless of whether the ruling coalition has a majority.
There are likely many people who feel that the pacifist Constitution no longer matters in a world rampant with the breaking of rules, where China and North Korea are taking disquieting actions and the transfiguration of the United States that Japan had depended on.
The passage of 80 years has also weakened the collective memory of that awful war.
CONTINUE TIRELESS EFFORT
War robs individual dignity from its very roots.
The current Constitution carries on the spirit of the 1928 Paris treaty that renounced war. That provision shows what was learned from history and is a goal for all mankind.
That same spirit is also found in the U.N. Charter, which is now under fire due to the arbitrary acts of major powers. Is Japan thinking about returning to a world where power is everything?
Japan’s defense spending is now approaching 2 percent of gross domestic product. While the amount is now more than sufficient, by fiscal 2027 Japan could become one of the five largest spenders on defense.
The history of global arms races shows there is no limit to preparations for war. If Japan continues to press forward, it could turn into a major military power while continuing to uphold an exclusively defensive posture.
Of course, avoiding war means not only engaging in diplomatic efforts with nations both large and small. It also requires all forms of wisdom.
This is what the current Constitution calls for and Japan must have the determination to carry through with such efforts.
There is no telling how long the United States will continue in its abnormal situation.
The judicial branch is trying to apply the brakes on a president intent on destroying the philosophy behind the Declaration of Independence and opposition and resistance by the American public is also strengthening.
In South Korea, Yoon Suk-yeol sided with those trying to abuse authority by declaring martial law, but the South Korean Constitutional Court decided to remove him as president.
The memory of South Korean citizens gathering around the national assembly to stop the outrage is still fresh.
Can the same be said for Japan?
While it has progressed toward a democratic nation espousing pacifism, as Article 12 states, freedom and rights can only be maintained “by the constant endeavor of the people.”
Such endeavors take on even graver importance in a world bombarded by naked authority.
–The Asahi Shimbun, May 3
AloJapan.com