Proposal concerning revision of the Constitution of Japan
Prepared by the Institute for International Policy Studies (IIPS)

Express the attitude and spirit of Japan as a nation in the preamble
Japan’s unique culture and lifestyle formed and developed over the course of history
are reflected in the proposed images of Japan for the 21st century. The basic frameworkof the nation includes the aspects of freedom, democracy, human rights, and peace
together with an emphasis on the importance of education and culture, andcontribution to international peace and culture.

Define the status of the Emperor as chief of state in Article 1Emphasize the unique identity of Japan in Article 1, the beginning of the Constitution,
by defining the status of the Emperor. The Emperor is defined as carrying traditionaland historic authority as the symbolic chief of state to correspond with the current role
receiving diplomatic envoys and being regarded as chief of state by foreign
administrations. The absence of substantial attribution in the Emperor is carried overfrom the current Constitution and clearly specified in Chapter 2.

Formulate Chapter 1 specifying the sovereignty of the people
Chapter 1 is added to emphasize that sovereignty resides with the people. To strengthen
the exercise of sovereign power, obligation of political parties to cooperate in building
political will among the people and accountability of the government to disseminate
information to the people have been provided, while the responsibility of participationin elections by the citizens as sovereign members of society has been expressed.

Reidentify “Self-Defense Forces” as “Defense Forces”
The provision concerning renunciation of war in Paragraph 1, Article 9 is retained in
respect for aspiration to international peace as nurtured in the current Constitution. The
status of the Defense Forces for the purpose of self-defense is defined in Paragraph 2. In
Paragraph 3, the participation of Defense Forces in activities carried out within theframework of the United Nations or international cooperation for the purpose ofinternational peace and humanitarian support is acknowledged. In Paragraph 4, use of©2005 Institute for International Policy Studies

force in this regard is clearly specified, subject to approval by the Diet.

Clearly stipulate respect for the rights of others and protection ofhuman rights of foreign nationals
Confirm ownership of basic human rights by all people, and put protection of humanrights of foreign nationals in statutory form. In addition, strengthen provisions of thecurrent Constitution prohibiting abuse of individual rights having regard to recent
excessive egoism by specifying reciprocal respect for the rights of others together with
one’s own rights in encouraging genuine individualism.

Clarify the separation of government and religion
Express in statutory form that religious activities are not uniformly prohibited andacknowledge that there is a certain range of constitutional activities that are consideredsocial formality or folkways, while taking into consideration judicial precedents
concerning such rites as the Shinto ceremony for purifying a building site and theoffering of a sacred Shinto tree branch.

Provide an article concerning the family
Position the family as the basic unit constituting society and provide for commitment
within the family and the government’s obligation for protection.

Institute new human rights
Add to existing human rights new rights of personality, environmental rights, andfreedom of creative activity and protection of intellectual property rights, andacknowledge responsibility of the people to protect the peace and independence of thenation.

Provide for predominance of the House of Representatives and distinctrole of the House of Councilors
Under the bicameral system, further expand supremacy of the Lower House in theelection of the prime minister and in rights to pass legislation, and concurrently provide
for direct election specifically for Lower House membership. Provide for authority by
the Upper House to exercise confirmation rights of personnel in the administration asrequired for political stability.
2Strengthen the administrative oversight function of the Diet
Expand the rights of investigation by the Diet to enhance the checking function withregard to the authority of the prime minister. Introduce the rights of investigation byminority group to enable, in particular, investigation led by a minority opposition party.

Convert to an implicit direct election of the prime minister byleveraging the Lower House election
Position the Lower House election as the one for virtual election of the prime ministerby obligating political parties to specify the name of a candidate. By doing so, allow
election of the prime minister through a runoff election in the event of a failure to obtaina majority in nomination of the prime minister.

Reinforce authority of the prime minister
Grant prime minister exclusive administrative authority based on implicit direct electionof the prime minister. The prime minister retains the rights of appointment and dismissalof respective ministers. In addition, due to ownership of independent decision-making
right, the prime minister will, unlike the conventional council system, be able to makedecisions based on his own judgment in the event of conflict within the administration.
If a bill proposed by the prime minister should conflict with the Diet, it can be put to areferendum. And if the confidence of the people is won, the bill can be enacted.

Add provisions concerning contingencies
Enable temporary suspension of provisions of the Constitution including allowing
temporary concentration of power in the prime minister, constraint of basic humanrights, and so on in the event of such emergency situations as national security,terrorism, massive natural disaster, and others. Concurrently provide for prior and post
facto control by the Diet in order to prevent abuse of the relevant articles andparagraphs.

Install a constitutional court
Establish a constitutional court as a non-appellate court holding the rights to determine
constitutionality separate from the conventional Supreme Court. Guarantee democratic3

legitimacy by allowing the Diet and the prime minister to each appoint half the numberof judges, and eliminate political influence of the appointers by disclaiming
recommission. Include in the contents of judgment specific examination rights on thecondition of legal contestation and abstract examination rights that allow determinationof the constitutionality if lodged by the Diet or the prime minister even when notconsidered a criminal case. Furthermore, allow appeal by the contesting parties only
after a decision has been reached at the Supreme Court.

Provide maintenance of healthy financial administration
In the Finance Chapter, uphold the principle of healthy financial administration, accept
continued expense based on issues pointed out in the past, and modify the provisions
concerning prohibition of financial aid to private educational institutions.

Declare the principle of local self-government
Clarify “the principle of local autonomy,” the ambiguity of which has often been
pointed out, as self-governance of bodies and self-governance of residents, and thus
constitutionally declare the principle of local self-government. Specify the independentrights of taxation in order to substantiate local self-government. Decide not to provide
constitutionally for a regional integration system (do-shu-sei in Japanese).

Streamline the Constitution revision process
Based on the principle of the sovereignty of the people who retain constituent power
maintain national referendum as essential, but revise the policy-initiating right in theDiet from the support of the current two-thirds or more votes to support of the majorityof the total assembly members.

Stipulate the legislativeinternational treaties

supremacyoftheConstitution

overClearly define the predominance of the Constitution over treaties while providing forobligations for compliance with international treaties.

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