NO.064 The referendum bill for amendment of the Japanese constitution must be examined based on Article 108 of the Charter of the United Nations.・・・ Theme label: Japanese referendum law violates Article 96 of the Japanese Constitution. Japan's Supreme Court rulings that violate the constitution


I think that the referendum bill for amendment of the Constitution of Japan must be examined based on Article 108 of the Charter of the United Nations?

The referendum law was established in accordance with the provisions of Article 96 of the Japanese Constitution, but the standard for interpretation of Article 96 of the Japanese Constitution would be Article 108 of the Charter of the United Nations.

Article 96 This constitutional amendment must be approved by more than two-thirds of all members of the House of Representatives, and the Diet shall propose it, propose it to the public, and go through its approval. This approval requires a majority vote in favor of a special referendum or an election set by the Diet.
○ 2 When the constitutional amendment has been approved under the preceding paragraph, the Emperor will immediately promulgate it in the name of the public as an integral part of this constitution.


United Nations Charter Article 108
This constitutional amendment was adopted by a majority of two-thirds of the Member States of the General Assembly, and by two-thirds of the United Nations Member States, including all permanent members of the Security Council, It becomes effective for all United Nations Member States when ratified in accordance with the proceedings.

The referendum law stipulates that the constitutional amendment requirement is “a majority vote for the effective vote”.
Article 96 of the Japanese Constitution, “A majority is required.” Should be interpreted as “A majority of all voters need to agree.”

This is further interpreted as “a majority vote for the majority of voters, but a majority vote is not enough.”

In the case of the Charter of the United Nations, the amendment will not be made without the approval of all permanent members and the clear approval of two-thirds of all member states, including the permanent members.
This principle should be applied to the revision of the Japanese Constitution.

The Japanese Constitution was enacted under the guidance of Marshal MacArthur's GHQ. It was required that the content fit the purpose of Marshal MacArthur.

His purpose is to complete the end of World War II process.
Specifically, the United States and Japan will conclude a peace treaty and make Japan a member of the United Nations.

The condition for the conclusion of a peace treaty for the United States is that Japan becomes a pacifist state. And Japan was to become a democracy that guaranteed the basic human rights of the people.

The intention of Japan was confirmed by the enacted Japanese constitution. This is stated in the preamble to the San Francisco Peace Treaty.
The preamble states that the enacted Japanese Constitution was interpreted as a declaration by Japan to comply with the principles of the Charter of the United Nations.

In other words, the interpretation of the Constitution of Japan must be based on the Charter of the United Nations.

The current referendum law violates the current Japanese constitution. Constitutional amendments made in accordance with the procedures of the referendum law that violate the constitution are invalid.

I don't know what will happen if the current Japanese constitutional amendment is realized.
It will be difficult to amend the constitution again.
If the constitutional amendment can be invalidated, the Japanese constitution can be restored.

The Japanese Supreme Court will rule in violation of the constitution. The broadcasting law was decided as constitutional.
The referendum law will be judged as constitutional.

As a result, a constitutional amendment may be realized.



If that happens, the conclusion of the San Francisco Peace Treaty becomes invalid.
The war situation between Japan and the United States has not yet gathered.
Japan's constitutional amendment will not be limited to domestic issues.

It becomes an international problem called war.

The Japanese Supreme Court, which has decided that the referendum law is constitutional, will be judged as a war criminal by the United Nations War Court.

Prime Minister Abe has repeatedly stated that Japan's Liberal Democratic Party is a party that was formed for the purpose of amending the constitution.

They say that the current Constitution of Japan is a constitution that was imposed because Japan lost the war.

And they say that Japan cannot become a truly independent country as long as the Japanese constitution is an imposed constitution.

Judging from the history of the establishment of the Constitution of Japan, the Liberal Democratic Party is a political party that was formed to make Japan independent again as the former Japanese Empire?
The purpose of the Liberal Democratic Party is to fight again with the United States and try to win this time?

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