Japanese Constitution

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May 9, 2012 20:57
May 3 is Japanese constitution memorial day. The Japanese constitution have been changed for 65 years, even though the draft report was created by General Headquarters. Thus, some people insists that we should create own constitution by ourselves. According to Hague conventions of 1899 and 1907, this insistence is reasonable, but it have been 65 years from the constitution, so it seems to be too late. To change the constitution, it requires a two-thirds vote of Diet members and half vote of the population. It is difficult, so the constitution have been left for 65 years.

During the 65 years, the circumstances surrounding Japan was changed, so there is some insufficiency in the constitution, for example, basic human rights, Emperor system, judicial system or educational system.

Especially, there are variety of discussions over national security.

The full text of the Article 9 of the Japanese Constitution in Japanese:
第九条 日本国民は、正義と秩序を基調とする国際平和を誠実に希求し、国権の発動たる戦争と、武力による威嚇又は武力の行使は、国際紛争を解決する手段としては、永久にこれを放棄する。

二 前項の目的を達するため、陸海空軍その他の戦力は、これを保持しない。国の交戦権は、これを認めない。

The official English translation of the article reads:
ARTICLE 9. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. (2) To accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.

How can we defend our country without arms or forces, even though we are protected by USA Armed Forces? Now, we have the self-defense forces. According to Japanese government view, The Article 9 did not determine the disclaimer of right of self-defense, so the minimum strength corroborating the right of self-defense does not fall into military potential. It is a lame excuse. Such things restrict Japanese force, and these are sometimes disadvantage against foreign diplomacy to USA or neighbor counties.

Japan have avoided wars for 65 years, so, personally, I think the current situation is not bad. I think that, though a state must protect the own citizens absolutely, it is not bad that there is a country having ideal not to have forces for peace.