Parties Agrees on Revising Law for Constitutional Referendum

Despite land-sliding victory in the Lower House election in February, the ruling Liberal Democratic Party (LDP) failed in proposing constitutional amendment in the special session of the Diet, which closed on July 25th. Parties are so sharply opposed each other over unilateral procedure of some important bills that they could not afford to have enough discussion over constitution. All they could do was a trivial amendment of voting system for constitutional referendum. 

In the Lower House election in February, the LDP obtained two-third majority. Prime Minister Sanae Takaichi expressed her strong expectation for constitutional amendment in LDP National Convention held in April, saying “The time has come.”

 

The Constitution of Japan demands two-third majority of each chamber of the Diet to propose an amendment and simple majority in the referendum afterward. It is theoretically possible for the LDP to unilaterally make a proposal for amendment in the Lower House. However, the LDP does not have two-third majority in the Upper House, even with support of its coalition partner, Japan Innovation Party.

 

The LDP and JIP actively promoted discussion over constitution in the councils in both Houses during the special session, which had duration of 158 days including 8 days of extra term. Both parties had an agreement for forming leading coalition last October which urged both parties to submit a draft of amendment on an emergency clause for extension of term of Diet members in the case of natural disaster before the end of 2026.

 

However, discussions yielded no major result. Opposition parties are generally reluctant to the amendment, finding higher priority on other issues such as consumption tax cut, measures to deal with price inflation and depreciation of Japanese yen or maintenance of the Imperial Family with amendment of Imperial House Law. There is a fundamental skepticism on emergency clause, because the constitution already has a provision for the Upper House to hold an emergency meeting in the time when terms of all the Lower House members are expired.

 

The minimum consensus the parties had in this session was revision of Constitutional Amendment Referendum Act. The revision was about regulation on internet advertisement for referendum campaign, deregulation in selecting staffs in voting stations and about broadcasting through FM radio. Those are already included in Public Offices Election Act.

 

The bill passed the Diet on July 24th with approval of the sponsors (LDP, JIP, Democratic Party for the People and Sanseito) and some opposition parties (Constitutional Democratic Party of Japan and Komeito). Japan Communist Party and Reiwa Shinsengumi voted no to the revision.

 

Opposition parties that voted for the revision are not satisfied with it. In the revision in 2021, the law mandated the Diet to consider how to regulate internet advertisement within three years. While the parties had to conclude on this issue by 2024, they have not fulfilled that requirement. The opposition parties argue that the referendum act has not been completed for having a referendum for constitutional amendment.

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