Saturday, June 1, 2013

Something is strange. 20: What of the constitution is important? 1  

 Preamble of the Constitution of Japan

<  Preamble of the Constitution of Japan  >

There are people who say should throw away the constitution which were forced by other country.
On the other hand, since the constitution is wonderful, there are people who say it is sufficient.
We look at the most important basic that right and wrong should be judged by.

The hint is in the world history.

The constitution did not exist formerly.
About 3500 years ago, human beings begin to write law to a text, and have developed it.
However, soon people became to not get satisfaction in only the law that the country has enacted.




King John signs Magna Carta 

< King John signs Magna Carta >

The aristocrats who were annoyed at the England king's repeated reckless war conspired, and he was made to consent to the document that restricts the king's authority.
This is Magna Carta in 1215.

Then, in order to prevent dogma and arrogance of authority, people come to state separation of the three powers.
This is the Declaration of Human Rights of France in 1789.

Even when parliamentary democracy is progressing today, in order to prevent the reckless run of administrative body and legislative body, the constitution bears the important duty.
In others, fundamental items, such as fundamental human rights, suffrage, and rule of law, are included in it.




MacArthur of GHQ, and the prime minister's Yoshida  

 MacArthur of GHQ, and the prime minister's Yoshida  >

How was Japan?

The Constitution of the Empire of Japan of the Meiji era was not democratic.

The female suffrage in Japan was accepted in 1945, and it was a century later than America.
Although it had become a repeal bill in Parliament before, GHQ promoted it for democratization.

Recently, although unconstitutional judgment of election district vote weight disparity has been occurring one after another, some of ruling party member rebuked the judicature for a case of an unauthorized act.

Regrettably, a sense of human rights and law in Japan is behind.






The constitution is the last breakwater.

One of the causes that Hitler has hold full powers was in The Reichstag fire in 1933.
He obtained two thirds of the parliamentary seats by detaining all communist party diet members in reason of this incident.
Then he got an absolute authority by pushing a law of general power of attorney through the legislature.

Russian President Putin revises the constitution and a term of office of the president became lengthen from 4 years to 6.
Furthermore, a term of office was forbidden to three consecutiveness, nevertheless he enabled to maintain his power, by changing the prime minister and the President.




 national legislature 

< national legislature >

It is most important to prevent the reckless run of power (administrative body, legislative body).

Moreover, we should hold the legislative body to seat of good sense.
At least, we should never be allowed to change the legislative body such as a draft constitution can gain easily approval without arguing.

Next time is followed.




No comments:

Post a Comment