Contrary to what the English-speaking media would have you believe, the biggest issue with the so-called "war bills" that got passed into law less than a day ago is not about Japan's national security or about war and peace. The English-based media outlets have been focusing on the "historical" nature of the new laws that would now allow Japanese military engagement overseas for the first time since World War II. And I am not denying that it is this aspect of the law that has been controversial and the focus of protests by the "peace-loving" Japanese people who have not exactly been known for their political activism. But this focus has had the unfortunate effect of masking an even bigger problem that every person who believes in democracy and the rule of law should find disturbing.
Both the media's and the Japanese people's focus on Article 9 (the reason that the Japanese Constitution is often called the "peace constitution" or "pacifist constitution") has driven the discussion away from the fact that Prime Minister Abe and his Liberal Democratic Party (LDP) achieved the effect of a constitutional amendment by mere legislation. This travesty does not even reach the question of whether Japan should have a greater ability to engage in military operations. We should be talking about whether Japanese political leaders truly respect the rule of law and the democratic structure provided for by the Japanese Constitution. But all the media and even the Japanese people (other than constitutional scholars and legal experts) want to talk about is Article 9 and whether or not the law violates that particular provision.
Both the media's and the Japanese people's focus on Article 9 (the reason that the Japanese Constitution is often called the "peace constitution" or "pacifist constitution") has driven the discussion away from the fact that Prime Minister Abe and his Liberal Democratic Party (LDP) achieved the effect of a constitutional amendment by mere legislation. This travesty does not even reach the question of whether Japan should have a greater ability to engage in military operations. We should be talking about whether Japanese political leaders truly respect the rule of law and the democratic structure provided for by the Japanese Constitution. But all the media and even the Japanese people (other than constitutional scholars and legal experts) want to talk about is Article 9 and whether or not the law violates that particular provision.