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🏛 | Professor Jiro Yamaguchi tells former Prime Minister Abe, "Don't allow the curtain to impose responsibility on the secretary."


Photo Jiro Yamaguchi

Professor Jiro Yamaguchi tells former Prime Minister Abe, "Don't allow the curtain to impose responsibility on the secretary."

 
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On the other hand, he said, "The constitutional amendment advocated by the former prime minister, who has continued to lie to the Diet and the people and has deceived him, has to be broken.
 

Jiro Yamaguchi, a professor at Hosei University, will post continuously on Twitter by the 25th."Sakura wo Miru Kai" sponsored by former Prime Minister Shinzo Abe's supporters' association ... → Continue reading

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Constitutional amendment

Constitutional amendment(Kenpo,UK: Constitutional amendment) Is to rebuild the view of the nationGrammarShown inConstitutionAmend, add or delete the provisions of[1][2].AmendmentAlso called (Kaiken).

JapaneseConstitutionThen, the meaning of the norm will be changed or amended without changing the enactment of the new constitution or the text of the constitution.Changes in the constitution[3]Is distinguished from.

Outline of constitutional revision

Constitutional revision procedure

Proper revision of the constitution is torevolution,Coup d'etatThe purpose is to prevent illegal changes in the constitution. This is because if there is a proper revision procedure, all important changes in the political system can be legally made in the form of constitutional revision.[4].. Changes in the constitution that do not follow the constitutional revision procedures, for example,revolution,Coup d'etatIs illegal and unacceptable. However, the history of each country shows that such prohibition is not always followed in fact.[5].

Regarding the actual difficulty of the revision,Rigid constitutionThat is, the amendment is not always difficult in fact. Even with the same rigid constitution, the Meiji Constitution has not been amended once for more than fifty years, but the Swiss Constitution and many American constitutions are often amended. On the contrary, in the case of the British Constitution, which can be said to be one of the flexible constitutions, it cannot always be said that the amendment is easy. How to fill the gap, whether the provisions of the Constitution are detailed or concise, what kind of norms the government and the public are conscious of, and whether political and social changes cause a severe separation between the Constitution and the actual constitution. It depends on how you think about the role of interpretation and operation, and whether there is enough political power to implement the revision.[6].

About the limit of constitutional revision

It is believed that the position regarding the limit of constitutional amendment will change depending on whether the constitutional amendment right is regarded as having the right to amend the constitution or whether the constitutional amendment right and the right to amend the constitution are equivalent.[7].

  • Limit theory
AnyConstitutionAlso has its basic principle, and it cannot be amended to change the basic principle.ドイツ-FranceSuch,human rightsIn some cases, the constitution itself bans constitutional amendments to some of the articles relating to governmental institutions. If the constitution is amended to change the basic principle and it is actually accepted and accepted by the people as a constitution, it cannot be said that it is invalid, and the constitution is abolished.Establishment of new constitutionI think that there was[8].
  • Limitless theory
The feature of the limitless theory is that the law and the constitution are about history, and they are expected to be revised according to the development of history. Therefore, the revision of the Constitution is limitless as long as it is procedurally flawless, and no distinction should be made in the provisions of the Constitution, and it is meaningless to do so. Even if the basic principle is modified or fundamentally changed, it must be approved as an amendment of the Constitution as long as it corresponds to the development of history. Justify the limitless theory that objectively views the law as a historical product[9].

Meaning and effect of constitutional revision

The constitutional amendment (here, the amendment of the Constitutional Code) is, depending on its nature, as follows: Is whatConstitution of practical meaningIt is said that the effect of changing[10].

  1. In cases where rules such as standards and procedures are set, such as the reform of the governing body and the term of office of Diet members,Constitution of practical meaningIs said to be easy to revise.
    In other words, changes in the wording of the Constitution are likely to be reflected in the actual operation of the state and the interpretation of laws and regulations, including the Constitution.
  2. In the field of human rights, we must implement relevant laws and regulations, etc.Constitution of practical meaningIt is said that the effect of revising is difficult to obtain.
    For example, even if "○○ rights" such as manners and attitudes are added to the Constitution, if rules for implementing the details are not established, it will affect the actual operation of the nation and the interpretation of laws and regulations including the Constitution. It may not reach.

Broad constitutional revision

Political scientistSatoshi MatoriThe professor (Kyoto University) pointed out that the change of the fundamental political system is the revision of the constitution of the substantial meaning, because the constitution of the substantial meaning is the rules that define the essential basic political system. doing[11].. It should be noted that the statement regarding basic human rights also points out that it does not mean much from the perspective of political analysis, and that it is not practical to deny basic human rights in developed countries.[11].. From this, the election system (method of deciding seats, constituencies, voting method, election cycle), consular system (change between presidential system, semi-presidency system, parliamentary cabinet system, authority given to the consular secretary, etc.) Change, change in authority between politicians and bureaucrats, etc.)Substantial amendment to the constitutionTo advocatePolitical reform from the 1990s to the 2000sIs analyzed as a constitutional revision in Japan[11].. Given that there are various situations regarding the constitution and its amendments internationally, the perspective of capturing constitutional amendments in this way would be useful in making international comparisons and time series comparisons of constitutional amendments.[11].

Professor of the 1930s in the United StatesNew Deal PolicyAnd the 1960sCivil rights movementArguing that these outcomes were “informal constitutional revisions” that did not undergo formal constitutional revision procedures even after the fruition of the establishment of the law, and emphasized the form of formal constitutional revisions.Voting Rights Act (1965)Criticizes the judgment that some of the[12].. In Ackermann, there is no distinction between the right to amend the constitution and the right to establish the constitution, and there is no limit to the judgment of the people in "constitutional politics".[13].

Revision procedures in each constitution

Asia

Republic of China (Taiwan)

Republic of China ConstitutionAmendment is approved by the following procedure[14].

  1. Legislative committeeInitiatives by more than a quarter of the total
  2. Voting by more than three-quarters of all legislative members and more than three-fourths of the attending members
  3. Held a referendum after a half-year public notice and approved by a majority of the voters

Japan

The Constitution of JapanIt is,Article 96 of the Constitution of JapanStipulates the revision procedure.

  1. 国会Initiative
  2. PeopleApproval of
  3. Emperor OfAnnounce
Diet initiative
Diet lawIt is specified in 68-2 of Article 6.
Proposal of the original bill for amendment requires the approval of 100 members of the House of Representatives or 50 members of the House of Representatives.
In order to bring the amendment motion into the agenda at a meeting of the House of Representatives requires the approval of 100 members of the House of Representatives or 50 members of the House of Representatives.
Proposals for parliamentary amendments are made with the support of more than two-thirds of all members of each House.
The following are detailed issues regarding the constitutional interpretation.
  • There is no disagreement in the theory that the members of the Diet have the right to propose a constitutional amendment to the Diet. Under the legislation, the right to propose a constitutional amendment to the DietCabinet,PeopleThere is also a view that it can be given to.
  • The quorum for deliberation requires at least two-thirds of all members. This is because even if all are in agreement, this much attendance is necessary.
  • The meaning of the total number of lawmakers is that there is a theory that it is a legal constant and that it is the total number of lawmakers.
  • The votes of both Houses are equal.
National approval
If the Diet decides, the bill will be put into a referendum, and approval will be by majority. For voting rulesLaw Concerning Procedures for Amending the Constitution of Japanby.
  • By law, if the number of votes in favor exceeds one half of the total number of votes (the number of votes in favor and the number in opposition), then there is public approval (half of the voters). is not).
Promulgation of the Emperor
ReferendumIf approved, the revised constitution will be promulgated by His Majesty the Emperor in the name of the people.

American states

アメリカ合衆国

United States ConstitutionIs so-calledRigid constitutionIs. When the constitution is amended, the text up to that point is left as it is and amended by adding it as a constitutional amendment. Amended by Article 5 of the United States Constitution.

  1. CongressProposes amendments to this constitution when it finds necessary by two-thirds of both Houses, or convenes a constitutional conference for amendment when two-thirds of the legislature demands it. I have to do it.
  2. In any case, the amendment is, in any sense, part of this Constitution when it is approved by the three-quarters legislature of the whole state, or when approved by the Constitutional Assembly in the three-quarters state. Have effect. Which approval method to take can be proposed by Congress.
  3. Provided, however, that the amendments made before XNUMX may not change the provisions of Article XNUMX, paragraph XNUMX, paragraph XNUMX and paragraph XNUMX. Neither state will be deprived of equal voting in the Senate without that consent.

To date, only federal amendments have been made to date. For 1 is the only exceptionAmended Article 21All are approved by the Parliament, except for the 21st Amendment which was approved by the Constitutional Councils of each state.

In the United States, each state also has its own constitution.

メキシコ

メキシコAmendments to the current Constitution of[15].

  1. The constitutional amendment is submitted as a co-sponsor by the president, one senator and one member of the House of Representatives, or the president and one state council.
  2. DeliberationCongressEach is held in both hospitals (in any order). Both houses have a vote of more than two thirds.
  3. After that, it is sent to each state legislature. The amendment is approved with the approval of 51% of the state legislatures, ie 16 state legislatures.

Europe

UK

UKIt is,Precedent,Customary law,lawAmong them, the constitution that defines the character of the nation is the constitutionUnwritten constitutionIt is a nation. Thus, the substantive Constitution in Britain is legally modified by the law established in the usual legal process.

ドイツ

Federal Law of the Federal Republic of GermanyThe amendment (which is treated as the constitution in Germany) is carried out as follows. However,Democracy fightingBased on this, we do not allow revisions that would lead to democratic destruction (Chapter 1, "Basic Rights").

  • Initiated with "more than two-thirds of the federal parliament" and "more than two-thirds of the votes of the House of Councilors"
  • Congress, With the U.S. House of Representatives decisionPresidentCan be amended with approval.
  • No referendum will take place.

originallyWest GermanyIt was created as a law equivalent to the Constitution ofGermany reunifiedIf the Constitution, which was enacted under the free will of the German people, came into force, there is a provision that the basic law will lose its effect. However, the basic law continues to be enforced after the reunification.

France

French Republic ConstitutionThe amendment procedure of is prescribed in Article 89 of the French Constitution, and the outline is as follows.

  1. The government or parliament proposes a constitutional amendment.
  2. The constitutional amendment is passed in both houses by the majority.
  3. The amendment will be approved by more than three-fifths of the joint meetings of the two houses (only in the case of government proposal) or by a majority of valid votes in the referendum.

Based on Article 11 of the French Constitution, it has been amended by the following procedure.

  1. The president proposes a constitutional amendment.
  2. The amendment is approved with a majority vote in the referendum.

Article 11 of the Constitution of the French Republic states that a bill concerning the organization of public power can be passed by the above procedure without passing through the parliament. The constitution is also included in the law. Therefore, in the past, a constitutional amendment was made by the above method, assuming that a constitutional amendment (changed the presidential election method from indirect election to direct election) was included in the bill concerning the organization of public authority.SenateIs unconstitutional regarding constitutional amendments not based on Article 89 of the ConstitutionConstitutional courtHowever, the Constitutional Court found that the law passed by the referendum did not have the power to judge outside the scope of the examination, and it was confirmed that the Constitution would be amended under Article 11 of the Constitution.

Status of revisions in each constitution

Looking at the constitutional amendments in the six countries of the United States, Canada, France, Germany, Italy, and Australia since 1945, there are many amendments concerning the governing body and local autonomy (changes in central and local authority, etc.), and amendments concerning human rights, There are also revisions to the constitutional revision procedure[16].. In the case of amendments, such regulations relating to political institutions such as the governing body, local autonomy, human rights, etc. are often taken up, but it may be provided by law.GovernmentWhen abolishing matters that do not lead to changes in[17]There is also.

In the following, revisions promulgated on the same date are counted once unless otherwise noted.

Asia

South Korea

Republic of Korea ConstitutionHas been revised nine times, especially in five of those South KoreaThe revision was made to a great extent to change the national system. The current constitution isSixth Republic ConstitutionCalled.

Japan

1947ToImperial Japanese ConstitutionChange toThe Constitution of JapanWas enforced. Since then, it has not been revised until 2020.

American states

アメリカ合衆国

United States ConstitutionIt is, 1788It is the oldest constitutional constitution in the world that came into effect. Basic human rights were not initially stated, 1791Amended Article 12 to Amendment in December 1 Article 10 (Bill of Rights (USA)). 2003 times as of 18[18], Amended and supplemented 27 articles.

メキシコ

メキシコOf the 1910Mexican RevolutionIn 1917, it has been amended frequently, and by November 2002, it was amended 11 times, for a total of 119 articles.[19].

Europe

イタリア

Italian Republic ConstitutionIs 2003 times as of 13[18]The constitution is being revised.

スイス

Swiss Federal ConstitutionHas been revised six times by March 1999 after a full revision in 2003[20][18]Has been revised.

The 1874 Constitution has been partially revised 1999 times by the time of the full revision in 140.[21].

デンマーク

Danish ConstitutionWas established in 1849 and then in 1953Bicameral systemからUnicameral systemThe fourth revision of the Constitution, which has moved to

ドイツ

Federal Law of the Federal Republic of GermanyIt is,Second World WarIt was later enacted and has undergone 63 constitutional amendments (as of November 2019, 11). 9 times a lot,Federal systemThe basic law stipulates the distribution of powers between the federal and state states, and the need for revision of the constitution every time it is reviewed is one of the reasons for increasing the number of revisions.[22][16].. Also, in Japan, the contents stipulated at the legal level are also stipulated in the Basic Law, and the number of revisions to the Basic Law is increasing[22][16].

In addition,Coalition governmentIt is not uncommon, and the number of active political transactions among political parties has increased.conservativesOpposes in return for acknowledging increased state empowermentLeftBut,Environment,Animal protectionIt has been said that compromises such as having the rules added to the constitutional amendment as a set have often been made (Humboldt University, Professor Christoph Mellers (Public Law)). "The basic law is so easy to revise that it's taken into account even less important things. (Constitutional) It's not what it should be," he said.[22].

リトアニア

リトアニアThe Constitution of the Republic of Lithuania has been amended 1992 times since it was enacted in 10. However, since 1996, the sevenReferendumAll of them were "rejection" that did not reach the majority, or "failure" when the voting rate did not meet the criteria. In Lithuania, in addition to the criterion of "a majority is supported", conditions such as "voting rate of 50% or more" and "absolute voting rate of 50% or more" are stipulated in detail for each revised item. For this situation,public opinionIt is also pointed out that the understanding of is not catching up. The country's chairman of the Central Election Commission, Laura Matillo Shiitete, said during a referendum.AdsExplaining that there was no habit of putting out, and in the past voting, there was little advertising activity with both the pros and cons. There is a cap of 110 million euros (about 1 million yen) in advertising costs, and Chairman Matillo Syitete said, "It has been done in a state where the general public cannot understand (details of contents)".[22].

Literature information

footnote

  1. ^ Constitutional amendment(ShogakukanDigital Daijisen)
  2. ^ Constitutional revision (SanseidoDaijirin Third edition)
  3. ^ Heihachiro Yamashita, "Changes in the constitutionReport of Aichi Institute of Technology, 1981, No. 16, p.37-42
  4. ^ Toshiyoshi Miyazawa"Constitution Lecture"Iwanami Shoten〈Iwanami Shinsho>, June 1967, 6 (original work April 1, 1967), second edition, p. 4.ISBN 9784004100348.2009/5/30Browse.
  5. ^ Constitutional Lecture (Toshiyoshi Miyazawa) p215
  6. ^ Constitution (3rd edition) (Masami Ito) Pp18-19
  7. ^ Constitution 5th Edition (Kasuo Hasebe) pp34-35 ISBN 978-4-88384-168-4
  8. ^ Difference between "Revision of the Constitution" and "Enactment of the New Constitution" (Hokkaido Constitution Research Institute HP)
  9. ^ Constitution Lecture (Katsumi Ueda) p288
  10. ^ "Constitutional revision" for constitutional studiesKeigo Komamura(Keio University) ("Constitutional Amendments" Comparative Politics, Keigo Komamura, Satoshi Machitori, pp19-38)
  11. ^ a b c d "Constitutional revision" from the viewpoint of political scienceSatoshi Matori(Kyoto University) ("Constitutional Amendments" Comparative Politics, Keigo Komamura, Satoshi Machitori, pp2-18)
  12. ^ Positioning of the Civil Rights Movement in the Dual Theory of DemocracyIppei Oe, Associate Professor, Tokai University
  13. ^ "Constitutional revision" for constitutional studiesKeigo Komamura(Keio University) ("Comparative Politics of Constitutional Amendment", Keigo Komamura, Satoshi Machitori) pp31-32
  14. ^ Taiwan's XNUMXth constitutional revision and constitutional reformKunihiko Morohashi August 2005
  15. ^ "House of Representatives USA, Canada and MexicoHouse of Representatives United States, Canada and Mexico Constitutional Research Council February 2003, 2 pages
  16. ^ a b c "Postwar constitutional amendments in foreign countries [5th edition]Norio Yamaoka/Atsuhiko Ida National Diet Library ISSUE BRIEF NUMBER 932(JAN.10.2017)
  17. ^ Example: Swiss constitution old article 25-2 (prohibition of killing animals without anesthesia before bleeding), German basic law 20a Protection of animals
  18. ^ a b c "Number of constitutional revisions in foreign countries (attached to the last page of the basic materials regarding the revision procedure as a rigid constitution)The National Diet Library March 2003, 3
  19. ^ "House of Representatives USA, Canada and MexicoHouse of Representatives United States, Canada and Mexico Constitutional Research Council February 2003, 2 pages
  20. ^ Even revisions adopted on the same day are counted as multiple times if they are adopted as separate ones.
  21. ^ "House of Representatives Constitutional Research Council Report"Representative of the Constitutional Survey of European Countries, House of Representatives, November 2000, page 11
  22. ^ a b c d (Thinking about the Constitution) Amendment Japan is behind? Asahi ShimbunJanuary 2019, 10, morning edition

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