No. 1275 State Funeral for ex-Prime Minister Abe – Unconstitutional
The government led by Premier Kishida Fumio will hold forcibly a state funeral for slain former prime minister Abe Shinzo, inviting several thousands of people from inside and outside the country and ignoring the loud voices of people who clash with the plan. On the day government’s offices will hoist a mourning flag and the staff will observe a moment of silence. The ceremony should be cancelled as it violates the Constitution.
TO ANNUL STATE FUNERAL – A BASIS OF DEMOCRACY
Function under the emperor system
The Meiji Constitution, the previous supreme law promulgated when the emperor system reigned over the country, provided an order of state funeral. The provision authorized a function of a very close link to the emperor system and approved those who ‘had made extraordinary contribution to the state’. After WWII the current constitution was put in force, which bases on people’s sovereignty and the basic human rights. Thus, the idea of state funeral lost effect.
Therefore, in Japan there does not exist after the Second World War a law to endorse carrying out a state funeral for a private person. Concerning ex-premier Yoshida Shigeru, who was mourned in the state funeral, it was an exception as all the ruling and opposition political parties had agreed on.
As for ex-PM Sato Eisaku, who was awarded with the Nobel Prize and his incumbency was the longest at the time, the Cabinet Legislation Office objected the idea to hold a state level service on the basis of necessity of a relevant law and understanding from the three branches of legislation, administration and judiciary. Thus, the then-government cancelled the plan. No state funeral has been organized in the country since then.
In this occasion, the Cabinet Legislation Office relied on the Law on Establishment of Cabinet Office for ratifying the decision made by the Cabinet to honor the late premier, but the said law only specifies jurisdiction of the Cabinet Office. In addition, no parliamentary resolution was even adopted. Under the circumstances the government will host a funeral as an ‘affair of the state’ through its arbitrary authority. That is unlawful.
The plan is, furthermore, not limited here; the matter is a financial aspect. The Constitution entails how to deal with the state budget, which is based on the principle of financial democracy that needs a resolution of the Diet which represents the people. The planned service clearly violates the rule of constitutional people’s sovereignty.
The estimated costs are said to be \1.66 billion, which will be fully drawn from the reserved funds of the fiscal 2022 budget, which does not need a Diet approval for its usage. In addition, the estimation process has not been opened, being ambiguous, and it is pointed out that the expenditure will rise further. People get more suspicious about the memorial.
As you know well, the political legacy of the ex-prime minister is not shared fairly and evenly among the people. His scandals over the Moritomo and Kakei schools as well as the cherry-blossom parties have unveiled his arbitrary, political behaviors. Criticisms are harsh over his repudiation of parliamentary authority and heavy-handed control over the government officials. One more disgrace lies in his deep political connection with the Unification Church, with which his ancestors’ families of the Kishis and the Abes have kept intimate ties.
Destruction of People’s Sovereignty
The event will be organized forcibly: that means people and children will be obliged to extend condolences at administrative offices and schools across the country. Thus, the basic human right may be infringed. The state funeral encroaches upon the Constitution which proclaims equality under the laws and liberty of thought and faith. Many people object the state service and collect signatures of opposition in the street, which have exceeded 400 thousand.
If the government holds the ritual under these circumstances, that means a violent act to destroy people’s sovereignty. The decision-making process for the ceremony without having any legislative rationale constitutes an authoritarian outrage of the government. That arouses a day in the future when the national emergency is declared over the nation.
天皇制下の機能
天皇主権の明治憲法下には「国葬令」があった。天皇制に深く結びついた機能で、「国家二偉勲アル者」が対象だった。戦後、国民主権と基本的人権を基本原理とする日本国憲法が施行されて国葬令は失効した。
従って戦後の日本には、個人の葬儀を「国葬」で行うための「根拠法」が存在しない。吉田茂元首相の「国葬」は、与野党合意の下で「例外」とされた。
ノーベル平和賞を受賞し、当時在任期間が最長だった故佐藤栄作元首相の時は、国葬の「根拠法」と「三権の了解」が必要なことを理由に内閣法制局が反対し政府は断念した。それ以降、国葬は実施されていない。
今回、内閣法制局が閣議決定の根拠とした内閣府設置法は、内閣府の所掌事務の範囲を定めたに過ぎない。しかも、立法府の議決すらない中で、行政府の独断で「国事行為」として国葬を行うことはできず、無法というほかない。
それどころか憲法は、国家財政の取り扱いを国民の代表の国会の議決を必要とする財政民主主義原則を定めている。国葬の強行は、憲法の国民主権原則に明らかに違反する。
しかも費用16億６千万円は、国会議決を必要としないとされる「予備費」から支出としている。さらに積算根拠があいまいであり、今後も膨らむと指摘されている。これでは国民の疑念は深まるばかりだ。
言うまでもなく、安倍氏の政治的評価は定まっておらず、むしろ「モリ・カケ・サクラ」疑惑など政治の私物化や、国会軽視、強権的な官僚統制などに厳しい批判がある。そして、旧統一教会と政治の癒着も岸・安倍家が深く関わっている。
国民主権を破壊
国葬強行によって、行政や学校などを通じて国民に弔意が強要され、基本的人権が侵害される恐れがある。安倍国葬は、法の下の平等、思想・信条の自由などを定めた憲法に違反する。多くの市民が反対を表明し、「国葬中止署名」はすでに40万を超えている。
それでも強行するなら、国民主権破壊の暴挙と言わざるを得ない。法的根拠ない国葬を決定した過程は、政権の独裁的暴挙であり、緊急事態法が施行された日本を想起させる。違憲の国葬やめよ。
英訳版↓
No. 1275 State Funeral for ex-Prime Minister Abe – Unconstitutional
The government led by Premier Kishida Fumio will hold forcibly a state funeral for slain former prime minister Abe Shinzo, inviting several thousands of people from inside and outside the country and ignoring the loud voices of people who clash with the plan. On the day government’s offices will hoist a mourning flag and the staff will observe a moment of silence. The ceremony should be cancelled as it violates the Constitution.
TO ANNUL STATE FUNERAL – A BASIS OF DEMOCRACY
Function under the emperor system
The Meiji Constitution, the previous supreme law promulgated when the emperor system reigned over the country, provided an order of state funeral. The provision authorized a function of a very close link to the emperor system and approved those who ‘had made extraordinary contribution to the state’. After WWII the current constitution was put in force, which bases on people’s sovereignty and the basic human rights. Thus, the idea of state funeral lost effect.
Therefore, in Japan there does not exist after the Second World War a law to endorse carrying out a state funeral for a private person. Concerning ex-premier Yoshida Shigeru, who was mourned in the state funeral, it was an exception as all the ruling and opposition political parties had agreed on.
As for ex-PM Sato Eisaku, who was awarded with the Nobel Prize and his incumbency was the longest at the time, the Cabinet Legislation Office objected the idea to hold a state level service on the basis of necessity of a relevant law and understanding from the three branches of legislation, administration and judiciary. Thus, the then-government cancelled the plan. No state funeral has been organized in the country since then.
In this occasion, the Cabinet Legislation Office relied on the Law on Establishment of Cabinet Office for ratifying the decision made by the Cabinet to honor the late premier, but the said law only specifies jurisdiction of the Cabinet Office. In addition, no parliamentary resolution was even adopted. Under the circumstances the government will host a funeral as an ‘affair of the state’ through its arbitrary authority. That is unlawful.
The plan is, furthermore, not limited here; the matter is a financial aspect. The Constitution entails how to deal with the state budget, which is based on the principle of financial democracy that needs a resolution of the Diet which represents the people. The planned service clearly violates the rule of constitutional people’s sovereignty.
The estimated costs are said to be \1.66 billion, which will be fully drawn from the reserved funds of the fiscal 2022 budget, which does not need a Diet approval for its usage. In addition, the estimation process has not been opened, being ambiguous, and it is pointed out that the expenditure will rise further. People get more suspicious about the memorial.
As you know well, the political legacy of the ex-prime minister is not shared fairly and evenly among the people. His scandals over the Moritomo and Kakei schools as well as the cherry-blossom parties have unveiled his arbitrary, political behaviors. Criticisms are harsh over his repudiation of parliamentary authority and heavy-handed control over the government officials. One more disgrace lies in his deep political connection with the Unification Church, with which his ancestors’ families of the Kishis and the Abes have kept intimate ties.
Destruction of People’s Sovereignty
The event will be organized forcibly: that means people and children will be obliged to extend condolences at administrative offices and schools across the country. Thus, the basic human right may be infringed. The state funeral encroaches upon the Constitution which proclaims equality under the laws and liberty of thought and faith. Many people object the state service and collect signatures of opposition in the street, which have exceeded 400 thousand.
If the government holds the ritual under these circumstances, that means a violent act to destroy people’s sovereignty. The decision-making process for the ceremony without having any legislative rationale constitutes an authoritarian outrage of the government. That arouses a day in the future when the national emergency is declared over the nation.
Call off the unconstitutional state funeral!
September 21, 2022