NO.174 The origin and principle of the Japanese Constitution.
About the origin of the Japanese Constitution.It was written in the preamble of the San Francisco Peace Treaty. It seems that the establishment of the Japanese Constitution was a condition for the conclusion of the San Francisco Peace Treaty and Japan's accession to the United Nations.
If Japan amends its constitution, it may lead to the invalidation of the San Francisco Peace Treaty and the invalidation of Japan's accession to the United Nations.
Furthermore, the Japan-US Security Treaty may be destroyed.
Preface to the San Francisco Peace TreatyThere was a sense of crisis in the constitutional amendment. I suddenly became interested in the end of World War II. I happened to find it when I was searching on the Internet to write a peace treaty text between Japan and the United States.
Before starting the Google Blogger blog.
I found the following sentence in the preface of the San Francisco Peace Treaty.
"" Japan has applied for membership in the United Nations and, in all cases, has adhered to the principles of the Charter of the United Nations and strived to achieve the objectives of the Universal Declaration of Human Rights. Efforts have been made to create stability and welfare conditions established in Article 56 and already established by Japanese law after the surrender in Japan, and internationally in private and private trade and commerce. Because we declare our willingness to follow accepted and fair practices. "
“Declaring Japan's willingness to comply with the principles of the Charter of the United Nations and to achieve the objectives of the Universal Declaration of Human Rights.”
What was evaluated as a declaration of Japan's will? The Japanese Constitution? My perception of the Japanese Constitution has fundamentally changed.
I remember that there was a hint in the article I just read.
The Japanese Constitution would have been established based on the Charter of the United Nations. Therefore, the enacted Japanese constitution was evaluated as a declaration of Japan's intention to adhere strictly to the principles of the Charter of the United Nations.
I believe that Article 9 of the Constitution of Japan was prepared based on Article 1, Paragraph 1 of the Charter of the United Nations.
The origin of the Japanese Constitution is the Charter of the United Nations.
The purpose of enacting the Constitution of Japan seems to have been the conclusion of the San Francisco Peace Treaty and Japan's accession to the United Nations.
This is stated in the preamble to the San Francisco Peace Treaty mentioned above.
“We lost the war and were forced by the constitution that the victorious country made in just a few days,” says Japanese parliamentarians.
"If Japan's constitution remains the constitution that was imposed because it was defeated in the war, Japan cannot become a truly independent country.
In order for Japan to become a truly independent country, Japan must establish a voluntary constitution. "
Many people say this. These people insist on a constitutional amendment.
everyone. Please wait. Do you have a sense of crisis in revising the constitution with this motivation?
Japan's constitutional amendment seems to be more than a domestic problem in Japan.
Principles of the Japanese constitution
There must have been a reason why the United States pressed the Japanese Constitution against Japan. I consider as follows.
After the end of World War II, the United States had to deal with the end of World War II.
I think that the United States intended to take all possible measures to avoid repeating the tragedy of World War II in this end of war process.
The United States needed Japan to become pacifism, a country that guarantees human rights, and democracy.
The United States intended to give Japan a position in the post-World War II world regime after clearing these conditions.
For this purpose, MacArthur's GHQ guided the establishment of the Constitution of Japan.
According to Akira Ikegami's article, the first draft of the Japanese Constitution was written in English.
The preamble of the Japanese Constitution is modeled after the preamble of the United States Constitution, and the text of the Japanese Constitution seems to be based on the Charter of the United Nations.
This is important.
UN member countries respect the UN Charter. That is the condition for joining the United Nations.
The following statement is excerpted from the preamble to the Japanese Constitution.
"" The Japanese people long for peace and are deeply aware of the sublime ideal that governs human relations, trusting the justice and faith of peace-loving nations, We are determined to preserve our lives, and we want to occupy a prestigious position in the international community that strives to maintain peace and to continually remove tyranny and slavery, oppression and narrowness from the earth. Confirms that citizens of the world have the right to live in peace, free from fear and deficiency.
We must not ignore any other country by devoting solely to their own country, and the law of political morality is universal. I believe that it is the responsibility of each country to maintain the sovereignty of Japan and to have an equal relationship with other countries.
The Japanese people pledge to achieve this sublime ideal and purpose in the honor of the nation and with all their strength. ""
This is a declaration that Japan intends to comply with the principles of the Charter of the United Nations.
And it means that Japan trusts and assumes that all UN member states respect the UN Charter.
In other words, if a member of the United Nations betrays this trust by Japan, there can be retaliation.
I think this principle of Japan can be asserted to the international community. In the end, I think that the international community will support this claim from Japan.
Overcoming any difficulties and gaining support from other countries. That would be diplomacy.
Of course, there may be diplomatic negotiations that are not feasible.
However, I think it is feasible for Japan to gain support from the international community for this principle.
Article 9 of the Japanese Constitution is based on Article 1 paragraph 1 of the Charter of the United Nations.
Excerpts from Article 9 of the Japanese Constitution.
"Article 9: Japanese citizens sincerely seek international peace based on justice and order, and wars that trigger sovereignty and the use of intimidation or force by force are permanent means of resolving international conflicts. Abandon this.
○ 2 In order to achieve the purpose set forth in the preceding paragraph, the Army, Navy, Air Force and other forces will not retain this. The national right to engage does not accept this. ""
This is a text proclaiming to the international community that the principles of Article 1 (1) of the Charter of the United Nations will be observed.
Declaring the country's will to the international community is one of the purposes of the constitution.
“The Japanese people sincerely seek international peace based on justice and order” is a declaration that Japan will comply with the principles of the Charter of the United Nations.
And this Article 9 presupposes that the principles of the UN Charter are the principles of the international community.
“The nations of the international community sincerely seek international peace based on justice and order.
Because Japan trusts this, Japan abandons the war. "
I think this is Article 9 of the Constitution of Japan.
Excerpt from Article 1 Paragraph 1 of the Charter of the United Nations.
"" Maintaining international peace and security. To this end, effective collective measures are taken to prevent and eliminate threats to peace and to suppress aggression and other destruction of peace, leading to the destruction of peace. To achieve the coordination or resolution of potentially international disputes or situations by peaceful means and in accordance with the principles of justice and international law. "
Because the United Nations member states are in principle obeying the principles of the UN Charter, the provisions of this article are terrorists, not sovereign states seeking peace.
The purpose of collective self-defense is to fight terrorism.
Terrorists are not subject to the provisions of Article 9 of the Japanese Constitution. Therefore, Article 9 does not prohibit the exercise of collective self-defense.
Article 9 Paragraph 2 of the Constitution of Japan declares a lack of strength to fight against sovereign states seeking peace.
The Self-Defense Forces are not the strength to fight a sovereign state that seeks peace. The Self-Defense Force is a force that protects the homeland, important family and brothers from terrorists.
Since Japan trusts other sovereign states to seek peace, it declares Article 9 of the Constitution of Japan.
A country that betrays this trust is terrorists.
For terrorists, international war laws are not applicable.
The battle with terrorists is a genocide war where the losing side is genocide like an ancient war.
Japan's Self-Defense Forces will protect their homeland, important family and brothers from terrorists in the Genocide War.
If the Japanese have this preparedness, no country will put a war on Japan until this risk is taken.
If Japan amends the constitution.
The things I mentioned above will overturn.
The United States and the international community would have built a relationship with Japan after World War II on the premise of what I mentioned above.
“The enacted Japanese constitution is a declaration of the national intention of Japan.” This is all.
Changing the Japanese Constitution means changing Japan's national will.
Therefore, first of all, the destruction of the San Francisco Peace Treaty and the invalidation of Japan's accession to the United Nations will be decided.
And the United States will choose to abolish the Japan-US Security Treaty.
The United States will choose to abandon the current Japan-US security treaty. The reason why the United States chose the current US-Japan Security Treaty is that Japan chooses the current Constitution of Japan.
Prime Minister Abe is about to amend the constitution. That's why I think that President Trump says that the Japan-US Security Treaty is unfair.
Constitutional amendments will be mentioned in a separate article.
Article by Akira Ikegami, draft of the Japanese Constitution
Why Japanese cannot read the Constitution of Japan “obediently”
I found an article that pointed out the same as me. Hideaki Shinoda is a full-time researcher. However, since I am considering from the perspective of whether diplomatic negotiations can be successful, the conclusions may be slightly different.
San Francisco Peace Treaty
The above excerpt is from an article by National Institute of Oriental Studies, National Graduate Institute for Policy Studies. However, the link is not pasted because it is "Unprotected communication."
This link is written in both Japanese and English. Japanese was vertical writing.
United Nations Charter
Constitution of Japan