No Constitutional Amendment in This Session

Leaving less than two weeks until the end of current session of the Diet, it became unlikely for the parties to submit a draft proposals of constitutional amendment in this session, which meant initiative of the amendment in this session impossible. 

Although Prime Minister, Fumio Kishida, has declared that he would achieve the amendment within his term as the president of the Liberal Democratic Party ending this September, it is mostly impossible for him to implement one of his main policies. Kishida’s weakness in promoting policies may make his presidential reelection in this fall further difficult.

 

The Commissions on the Constitution in both Houses have been discussing the amendment in this session. The LDP focuses on the adding an emergency clause, in which the election of the House of Representatives can be postponed in an emergency brought by natural disaster or pandemic. Constitutional Democratic Party does not realize that amendment necessary, because the House of Councillors can represent the discussion of the Diet in emergency.

 

Japan Innovation Party, or Nippon Ishin no Kai, has been hoping to accelerate the discussion for the amendment and proposed to wrap up the draft of the amendment without consent of the CDP. Although there were some in the LDP agreeing with Ishin’s argument, others tried to discuss more with the CDP, because broad consensus would be necessary for winning two-third majority in the national referendum.

 

The slush fund scandal of factions in the LDP has been sweeping this ordinary session from the beginning. Kishida had to devote himself in restoring confidence for politics by establishing new rule for political ethics. The first priority in the Diet proceedings was put on revised Political Funds Control Act, not on constitutional amendment. If the LDP go forward to the amendment leaving the opposition parties, it may delay the discussion over PFCA by firm resistance from the oppositions.

 

In the meeting of constitutional commission in the Lower House on June 13, the chief director of the leading party, Gen Nakatani (LDP), presented “talking points” for further discussion. The points included natural disaster or pandemic which would consist of “emergency.”

 

His idea vests the cabinet a power to recognize “election difficult situation,” in which election cannot be held seventy days after the dissolution or expiration of the term in the House of Representatives. The situation requires two third majority in both Houses and lasts as long as six months maximum, allowing extension to one year only for once.

 

That talking point may fundamentally change the relationship between the legislative and executive branch, because a cabinet can extend the term of lawmakers, if it recognizes any kind of disaster disturb the election. The CDP is not willing to discuss the issue in this session and in the recess.