Constitution Memorial Day 憲法記念日

Today is the holiday set aside in Japan to remember the enactment of the current Japanese constitution in 1947. This is a delicate topic as, overall, the 1947 constitution has served Japan fairly well. When compared to other countries in the region, the Japanese government operates smoothly and protects the basic rights and personal freedom of the people. At the same time, there is really no getting around the fact that the current constitution was basically imposed on Japan by the occupying forces of the United States with the cooperation of certain very liberal elements within Japanese politics. Many would think of comparing it then to the United States Constitution, but that would be a mistake. The differences are profound and, in fact, reveal why it might be better for Japan to have a new constitution altogether. Perhaps one that took into account Japanese culture and values, encompassing the entirety of Japanese history and experience and one which did not preclude the country from properly defending itself. It would also be nice if it would make things less complicated. After all, when one thinks of Japanese products, be it cameras, computers or cars, everyone thinks of them as easy to use and efficient. Yet, the Japanese government is the exact opposite, being quite inefficient and frustratingly difficult to change.

Think of it like this; the United States has often been praised for its constitution, yet many who have tried to copy it, in various parts of the world, have not met with much success. That is because the American constitution was a natural development for the American people. It was drawn up by British colonists who drew heavily from the unwritten constitution of the United Kingdom. The common law system is the same, basic rights are similar, tracing their line all the way back to Magna Carta. Even the government is quite similar; a House of Representatives much like the British House of Commons, a Senate much like the House of Lords (originally un-elected as well) and with a President who held much the same powers as the King (at least at that time, today of course the U.S. President has far more power and the British monarch virtually none at all). In short, the American constitution was a very natural sort of document for former British colonists to come up with. It suited them well and grew out of English history in law and government. The same cannot be said for the Japanese constitution. It was imposed as a purposely radical change, immediately after a traumatic war, to make Japan a very different sort of country from what it had been (or at least to try). I do not doubt the sincere motives and good intentions of those behind it, but surely Japan would be better served today by a constitution that reflected Japanese values instead of those of FDR's America. Because that is what it was, though FDR was dead and Truman was President, there was a conscious effort to remold Japan in the style of the leftist programs of FDR's "New Deal" campaign.

Not all of the ideas were bad of course and there were certainly aspects of the Meiji Constitution that needed to be improved, but it was certainly no secret at the time that Japan was being pushed radically to the left with the new constitution and that it was inspired, in part, by the "New Deal" policies of the late President Roosevelt. What is even more tragic is that those policies did not even serve America well and should have been the last thing anyone should have exported. The New Deal actually slowed down recovery from the Great Depression and was known by many in the United States as "the Raw Deal". If such a contrivance did not work well in the United States, how could it be expected to work well in Japan which had a political culture much farther removed from it than America?

At the very least, some reforms of the current constitution are urgently needed. In my opinion, something totally new should be adopted, drawing on Japanese traditions which actually go back a very long time in history, at least as far back as the 17 Article Constitution of Prince Shotoku. There is much to build on. I would like to see the position of HM the Emperor defined more clearly as the Head of State and Sovereign of Japan, I would like to see the restoration of the House of Peers (though that is probably the least likely to find public approval these days) and, of course, I would like to see the restoration of the armed forces and Japan being free to take military action when necessary to guard Japanese interests, security and national sovereignty. The matter is urgent and only becoming more so day by day. Let this be a Constitutional Memorial Day dedicated to some deep and honest reflection on what sort of constitution Japan needs.