Constitution Day: Squarely Face Changing Times, Issues as Starting Point for Review / Urgent Need to Respond to Digitalization, AI

Editorial

16:38 JST, May 3, 2025

The international situation is drastically changing and the security environment around Japan also is gravely deteriorating. Preparing for large-scale natural disasters and dealing with the changes of the times, such as the advance of digitalization, are also pressing issues that must be promptly addressed.

It is necessary to constantly review the supreme law so that politics, the economy and society can normally function.

May 3 marks the 78th anniversary of the current Constitution taking effect. In the era since the end of World War II, Japan has achieved social stability and economic development by upholding the principles of popular sovereignty, pacifism and respect for fundamental human rights. It is important to continue holding firm on these basic principles.

Widening gap between top law and reality

On the other hand, the gap between the Constitution, which has never been amended, and the realities of society is only widening.

The preamble of the Constitution states, “never again shall we be visited with the horrors of war through the action of government.” Standing on the premise that if Japan does not act recklessly, there will be peace, the preamble also expresses trust in “the justice and faith of the peace-loving peoples of the world.”

Since the end of the war, Japan has valued the rule of law and has firmly maintained its vow never to wage war again. Isn’t Japan’s long-standing history as a peaceful nation a source of pride for many people?

It is important for Japan to state that the horrors of war will never be repeated. However, the reality is that a permanent member of the U.N. Security Council, which is supposed to be responsible for world peace and stability, is violating the sovereignty of another country.

Russia is engaging in its aggression against Ukraine and has been attacking it for more than three years. China, another permanent member of the Security Council, continues its hegemonic activities in Asia. In addition, North Korea’s nuclear and missile development programs are a serious threat.

Deteriorating security environment

The example of Ukraine makes it clear that defense capabilities are needed to make others think twice about aggression. Children from the occupied regions are taken to Russia and raised as Russians.

According to a survey conducted this year by The Yomiuri Shimbun, 60% of respondents said that it would be better to revise the Constitution. It is likely that most of the public recognizes the importance of working to strengthen defense capabilities.

It is difficult for Japan alone to attack an enemy missile launching base, and cooperation from the United States is necessary. For this reason, it is essential for Japan itself to continue its efforts to maintain peace.

From this perspective, it is inevitable to review the Constitution.

Meanwhile, the commissions on the Constitution of both houses of the Diet have been discussing the creation of an emergency clause.

There is concern about scenarios in which national elections cannot be held due to natural disasters, causing Diet members’ terms of office to expire and national politics to stagnate. To be prepared for such a situation, it is of no small significance to decide in advance on the extension of their terms of office.

It is also necessary to squarely face new challenges that were not envisioned when the Constitution was enacted. While the spread of digitalization and artificial intelligence has brought benefits to society, it has also created distortions.

Fake images and other contents created by AI that spread through social media are believed to have influenced the outcomes of elections. Cyberattacks against critical infrastructure have also repeatedly occurred.

Although freedom of expression and the secrecy of any means of communication must be respected, is it acceptable to leave the situation, in which the public welfare is actually threatened, as it is?

Besides, there is a problem in the digital space that only information tailored to individual interests and preferences is provided, making it impossible for individuals to become aware of diverse opinions. Also, it is unclear how platform operators collect and use personal information.

Shouldn’t ensuring transparency be made an obligation for those operators who have a significant influence on society?

In addition, the widening population gap between urban and rural areas has also raised questions about what elections should be like.

The judiciary has interpreted the concept of equality under the law as equality in the value of a vote and is seeking to correct vote-value disparities. In its electoral system reform, the House of Councillors merged the Tottori and Shimane prefectural constituencies and the Tokushima and Kochi prefectural constituencies into single constituencies.

Don’t think lightly voices of rural areas

If vote-value disparities are thoroughly corrected while the population continues to flow from rural areas to urban areas, the number of lawmakers elected from constituencies in rural areas will continue to decline. One viable option is to position upper house lawmakers as “regional representatives,” allowing them to be elected by prefecture, regardless of population ratios.

In such a case, however, the division of roles between the House of Representatives and the upper house must also be considered.

Despite such a mountain of issues, momentum for constitutional reform has waned in the Diet, partly because of the ruling Liberal Democratic Party’s crushing defeat in last year’s lower house election.

The commissions on the Constitution meet regularly, but they end with each political party merely expressing its own arguments.

The ruling and opposition parties should present their specific draft articles to the commissions and use them as a basis for promoting discussions.

(From The Yomiuri Shimbun, May 3, 2025)