THE Constitution of Japan

Though most of Japanese young guys don't remember his name, a five star general whose name is MacArthur Douglas had gone down accommodation ladder at Atugi airport about 50 years ago, having a pipe in his mouth, and it's just the beginning of The Constitution of Japan. If you would like to know present-day Japan and society, it would be imperative that you must know The Constitution of Japan, the interpretation and the background, especially The Article 9, Renunciation of War. Needless to say, The Constitution is the most basic law in a nation.

The Constitution of Japan was established in 1946 year after end of Second World War, and most contents of The Constitution of Japan was enacted by U.S army in fact. Concretely speaking of establishing process, MacArthur Douglas indicated basic idea of The Constitution of Japan to his subordinate, Whitney Courtney, and they thought that The Japanese is childish and immature race, and so they probably thought that Japan should not maintain military power in order that Japanese people never again make war in the future. As the result, Article 9, Renunciation of War in The Constitution of Japan was enacted. After then, Korean War occurred in June 1950, they had to abandon an idea of deffensless nation, that is, MacArthur Douglas oedered establishment of army to Japanese government.

The Constitution of Japan, Article 9
1. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
2. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.
(Please visit http://homepage3.nifty.com/constitution/materials/econst.html for viewing all clause)

If you read the above clause, you will think that The Japanese Government don't maintain war potential as your first impression. But, The Japanese Government are holding the army, navy and air force. There are three opinions by the Constitution scholar in Japan as for the interpretation of Airticle 9.

Japanese people don't renounce war including war in self-defense. [as means of settling international disputes], this sentence is for that purpose. Needless to say, Japan make self-defense war. And, [In order to accomplish the aim of the preceding paragraph,] this sentence is the restriction wording, which is for connection of the preceding paragraph. Therefore, war potential for self-defense can be maintained.

Japanese people renounce all war including war in self-defense. As the natural result, war potential including self-defense can not be maintained.

Japanese people don't renounce war including war in self-defense, because the rights of self-defense should not be renounced. It is undisputed that the rights of self-defense is the natural rights of the nation. However, war potential including self-defence can not be maintained, because no one distinguish war potencial for self-defence war and else war. As the result, Japanese people can not make a war.

Though you never know, please note that Article 9 in Japanese text is ordinary negative sentence. Therefore, Interpretation 1 may be correct as the statute Interpretation of The Constitution of Japan. On the other hand, when i read English text of The constitution of Japan, i think that interpretation 3 is correct. So i think that The Constitution of Japan should be amended as soon as possible. Anyway, It would be incredible thing that interpretation of the Constitution, which is basic law of the nation, extremely differs in essence.

To my regret, I am a Japanese !. Please send your interpretation to me via E-mail.

The Constitution of Japan - Article 9 [Renunciation of War]