NO.014 Prime Minister Abe said, “It is the constitution that determines the state of the country.” The constitution does not determine the state of the country. The current parliamentarians don't understand the constitution. The state of the country is determined by the free choice of the sovereign. The constitution is a constraint on the state. ・・・ Theme label: No Japanese understood the Japanese constitution in the past 70 years, purpose of establishing the Japanese Constitution is described in the preamble of the SF Peace Treaty.



The constitution does not decide the state of the country.

What decides the state of the country is the choice in the responsible free will of the sovereign.
The sovereign himself analyzes the situation in real time and decides the policy in the responsibility of free will.
The nation always walks through the history to the future, facing new situations. Today's situation is different from the past. The nation must continue to choose its own actions while gaining insights into the situation in real time.
That is the job of the sovereign.

There is no practical way other than that.

The methods that Japanese parliamentarians do will not work effectively in practice. The method of presuming a case that may occur, deciding in advance the procedure for dealing with the case, legalizing it, and acting on the actual situation according to the procedure set forth in the law It does not work realistically.

The Constitution is a constraint that allows a sovereign to decide on a policy and properly control the nation when it implements its decisions.
The constitution is a restriction that puts the state "the state should not do this only".

I do not know what happens in the world. What can not happen until now can happen? In the international situation, it is still more?
In particular, in emergency situations such as war, there is no sure thing. It is an unexpected continuation.

In order to deal with situations where there is no idea what will happen, the sovereign has to be guaranteed the greatest freedom of choice.
The Constitution is a constraint on the state to control the state properly.

Japan seems to be quite the opposite of how to deal with the situation compared to other countries. Japan determines that it is not permitted to implement measures whose procedures have not been defined by law.
Japan always tries to deal with the situation according to the procedures set forth in the law.

In contrast, other countries try to deal with the free will of the sovereign.

Once in Germany, when the airport was occupied by terrorists, the German government had rushed special forces into control.
At that time, it seems that Japanese people were only discussing what kind of law Germany used to carry out this action.
At this time, the German government only declared that it was "the activation of national sovereignty."

The Japanese government tries to write in the constitution everything that the people permit.

The state of the United States was determined by the founding fathers at the time of independence.
Americans say "our philosophy will never change" hundreds of years after independence.
Americans will still inherit the founding principles decided by their founding fathers and will never change them.

In the United States, there has been no such thing as a constitutional amendment that is going to be done in Japan today.
Former President Obama did not try to change the US Constitution at the time of health care reform? The constitutional amendment in the United States is a minor modification to the Constitution when it finds a contradiction in the founding principles.

Consultation on how to change the constitution at the Constitutional Review Board in Japan by Japanese parliament members means to consult on a coup.
Now in Spain, Catalonia, whose capital city is Barcelona, ​​is seeking independence. If Catalonia has made the Spanish Constitution specify the independence of Catalonia, it means that the coup has succeeded without using force.




The Japan Restoration Society claims local sovereignty, but the procedure for its realization is prepared in the current Constitution of Japan.

Article 95 The special law applicable only to local governments in Article 1, unless the majority consent is obtained in the votes of the residents of the local governments, as provided for by the law, the Diet shall enact them I can not do it.

If the Japan Restoration Society in Osaka follows the principle of constitutionalism, first, in the referendum, clarify the intentions of the people of Osaka. Then, according to the provisions of this constitution, the government will have to decide on the premise of the will of the people.
The way for Japan Restoration Society to realize its philosophy will be opened from here.
In Japan, there are local governments that do not want local sovereignty. Therefore, specifying local sovereignty in the constitution should not be done. The Japan Restoration Society's claim is to force its own claims to the local authorities who do not want local sovereignty.

There are also political parties who insist that the people's rights be suddenly constitutionalized in the Constitution. This party means that the rights not stated in the Constitution are claimed not to be for the people.



Article 97 of the Constitution of Japan mandates the Japanese nation to guarantee the basic human rights that humanity has established in history. For example, if the environmental right is a universally established right for humanity, it is guaranteed even if it is not stated in the constitution.

The freeing of higher education should be realized as a normal policy, and it is not necessary to specify it in the constitution.

The current stance of parliamentarians is that the constitution decides what the people are allowed to do and what is not allowed.
It tries to transform the Constitution from an order against the state to an order that obliges the people.

I think other people will understand this. So, if Japan changes its constitution, it should make a major change in its response to Japan.
If the SDF is clearly stated in the Japanese Constitution, other countries will regard Japan as a policy change to aggression.

The United States will not be able to maintain the Japan-US Security Treaty, and the Self-Defense Forces dispatched overseas will face the danger of receiving force use.
The security environment surrounding Japan will be drastically changed.


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