Craig Martin

Re-Examining the ‘Myths’ About Japan’s Collective Self-Defense Change

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(Co-authored with Bryce Wakefield – published in The Asia-Pacific Journal: Japan Focus, Sept. 8, 2014)

In a recent article in the Diplomat, Michael Green and Jeffrey Hornung claimed that critics of the Abe government’s “reinterpretation” of Japan’s constitution, to end the ban on the use of force for the purposes of collective self-defense, were “basing their opposition on myths about the change.” This allegation that resistance to the “reinterpretation” of Article 9 is based on nothing but “myths” is increasingly heard, and so it is worth examining their arguments, and the so-called myths that they purport to dismiss.

Green and Hornung argued that the changes to be made through the “reinterpretation” were actually slight and that the immediate implications were far less problematic than alleged. There is a grain of truth to this as it relates to imminent strategic consequences, but it also misses the essential point. Yes, at least in the short term, changes to the roles and the missions of the nation’s Self Defense Forces resulting from “reinterpretation” will probably be modest; and yes, the changes will not likely lead to militarism, regional adventurism, or various other scenarios that the article examines and dismisses. But this focus on the intended policy shifts misses the far more significant issues raised both by the unconstitutional nature of the move and the possible longer-term and profound systemic ramifications of the “reinterpretation.”

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 The Hyuga – DDH 16 – Hyuga class helicopter destroyer (credit-World Politics News Review)

It is precisely because the immediate strategic implications of the Abe Cabinet’s announcement will probably be relatively modest that the implications for constitutional practice in Japan should be the focus of the debate. Perhaps the changing strategic environment in Asia will require Japan to consider relaxing some of the constraints imposed by Article 9. However, so fundamental a change to the nation’s constitution should only come after broad debate and pursuant to formal amendment procedures as provided for in the constitution. As explained below, the so-called “reinterpretation” process has in fact weakened constitutionalism, the rule of law, and fundamental principles of democracy in Japan, an argument that Green and Hornung, and many other defenders of the “reinterpretation”, never seriously address. In short, the harm is to the Constitution, and so focus on strategy is no answer.

Let us re-examine some of the “myths” that Green and Hornung so quickly dismiss.

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Japan’s Right of Collective Self-Defense – Radio Interview

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(Interview with Katherine Bang on  fm 90.5, Busan, South Korea, July 2, 2014)

I conducted an interview with Katherine Bang of fm 90.5, an English language radio station in Busan, South Korea, on July 2, 2014, on the issue of the Japanese government’s purported “reinterpretation” of Art. 9 of the Constitution of Japan, and the right of collective self-defense that the Japanese government now says it has as a result.

Click this link to access audio file of the interview.

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Undermining the Rule of Law – Tokyo Shinbun Interview

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(Interview with Yoichi Takeuchi, in the Tokyo Shinbun, Jun. 30, 2014)

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‘Reinterpretation’ of Article 9 Endangers Rule of Law in Japan

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(Published in the Japan Times, June 28, 2014, opposite and as counterpoint to an article by Prime Minister Shinzo Abe in defense of the policy)

Prime Minister Abe is expected to continue to press for Cabinet approval of a “re-interpretation” of the war-renouncing Article 9 of the Constitution of Japan. His goal is to relax the constitutional prohibition on Japan’s use of force for purposes of both engaging in collective self-defense actions and participating in U.N. collective security operations. There may be good reasons for Japan to consider relaxing the constraints of Article 9, but this so-called “re-interpretation” is entirely illegitimate and poses dangers to Japan’s democracy.

To be clear on what this so-called “re-interpretation” means, the Prime Minister is seeking to circumvent the constitutional amendment procedure mandated by the Constitution itself, and to dictate a radical change to the meaning of fundamental principles in the Constitution by way of Cabinet fiat, with no Diet debate or vote, and no public approval. The very process violates fundamental principles of constitutionalism and the rule of law, while the substance of the proposed “re-interpretation” does further violence to these principles.

To fully appreciate why this is so, we need to review briefly the relevant aspects of constitutionalism and the rule of law. Constitutions in democracies are typically the highest law of the land. They define and distribute authority, enshrine individual rights, and serve to limit the government’s power in important ways. Indeed, in this function of limiting the exercise of government power, particularly in moments of crisis, constitutions serve as “pre-commitment devices”. They constrain future generations to abide by the principles, rights, and power structures envisioned by the founders.

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