No. 1329 Prime Minister’s Right to Dissolve Parliament Abused
Stormy waves have swollen over dissolution of the Diet to be ordered by Prime Minister before and since the closing date, which was in June, of the ordinary Diet session. Prime Minister Kishida Fumio himself is to be accountable for the fact. Premier has an exclusive authority, or the right to dissolve the Diet, in this country, which is regarded as his last resort. But when the power is abused by arbitrary decisions, that will threaten democracy.
ONE OF SERIOUS CAUSES TO DESTROY DEMOCRACY
Prime Minister plays favorite cards
Mr. Kishida, taking advantage of his power over parliament dissolution, disturbed opposition forces, pushing lawmakers in panic so that a series of bills could be enacted. During that time Premier could gain an opportunity to prepare candidates from his Liberal Democratic Party (LDP) for general elections. Reportedly, the premier said, to his satisfaction, ‘I could spare my last card. I will be able to play with it during winter or in the next year’.
Furthermore, the premier has brought confusions in the parliament; it was when he reshuffled personnel of the Cabinet and changed major leaders of his own party, set the date of the extraordinary session, and presented his policy package on the economy and supplementary budget draft. Foreseeing the scheduled election of his party’s presidency in September 2024, Premier Kishida, playing cards, makes expedient calculations to maintain his administration and oust lawmakers at the most opportune time.
It is abuse of power, by using his authority, for premiers to dissolve the Diet, the supreme organ of the state, in order to enjoy good conditions or to remove inconvenient states of affairs. In 2017 the Abe government dissolved the parliament for general elections, which represented his personal desire to cling to the state’s power.
People clearly remember that the Abe government had kept ignoring the constitutional requests from opposition parties to open an extraordinary Diet session to discuss the scandals over Mori-Kake schools, in which the then-premier must have had involved, and that, suddenly then, he rudely employed his power, declaring to ‘break through the nation’s crises’. He dissolved the parliament for general elections.
Let’s focus on Article 7 of Constitution
Now, let’s analyze the power to dissolve the Diet. Does it solely belong to Prime Minister?
The right to dissolve the parliament pertains to the Cabinet, not, personally, to Premier. We know an example of the government led by Premier Miki Takeo; he wanted to dissolve the Diet, but could not do so because lawmakers from the major factions inside the ruling LDP waged stubborn resistances to cover up the disgrace over the US arms’ manufacturer, Lockheed Corporation. Consequently, the election was held when lawmakers’ tenure was expired on legal term. This is the sole case in the history after WWII of a general election held due to the expiration of the term of office.
Concerning an authority for Diet dissolution, provide it Articles 7 and 69 of the Constitution. The former specifies it as ‘Emperor’s act in matters of state on behalf of the people’ with the advice and approval of the Cabinet. Meanwhile, the latter article stipulates that the House of Representatives must be dissolved unless the Cabinet shall resign en masse, if the House passes a non-confidence resolution. When looking at the past dissolutions carried out under the current constitution by way of approval of non-confidence, we find four occasions, including one in 1993, when the Miyazawa government was disputed. Other dissolutions have been made in accordance with Article 7 of the constitution.
Tax money amounting to 60 billion yen
‘Advice and approval’ represent the Cabinet’s will, and therefore, it is very here that we see rampant, arbitrary removing of the Diet members committed by the administrations. A dissolution-general-election event costs 60 billion yen each time. An administration is authorized to spend as much as this sum of tax money on closing the shameful acts and keeping power. That cannot be acceptable.
Dissolution of parliament must have legitimacy. If the nation faces a critical phase how to make decisions, it is right to hold general elections from a point of democracy to formulate another regime that could reflect people’s aspiration.
Under the circumstances, according to media reports, the Constitutional Democratic Party, a major opposition party, will present a bill to curb abuses of the right to dissolve the Diet. Its main agenda lie in restricting Prime Minister from dissolving the Diet and requesting the Cabinet to announce reasons in advance, and in obliging the Diet to order debates on the issue, when over 1/4 of lawmakers in the Lower House demand them. We will focus on it.
今年の通常国会の 最終盤、「解散風」が吹き荒れた。発生源は岸田文雄首相だ。解散は首相の大権、専権事項、伝家の宝刀など呼ばれるが、恣意的な権力の行使が民主主義を破壊している。
首相は味を占めて
岸田氏は、解散風を吹かせて野党を浮足立たせて法案を通し、自民党の候補者調整を一気に進め味を占めた。そして、「解散カードを使わずに残すことができた。秋も冬も来年だってまた使える」とうそぶいたという。
さらに、内閣改造・党役員人事、臨時国会開会や経済対策、補正予算を巡っても風を吹かせた。来年９月の総裁任期をにらんで有利な情勢で解散を仕掛け、政権維持を目論む。
有利な情勢を利用し、あるいは不利な状況を断ち切るために国権の最高機関である国会を解散することは解散権の悪用だ。安倍政権の「17年解散」は、正に権力私物化そのもの。
安倍氏のモリ・カケ疑惑を徹底解明するため憲法に基づく野党の臨時国会開会要求を無視し続け、「国難突破」と言って解散の挙に出たことは記憶に新しい。
ほとんど７条解散
そもそも解散は首相の大権なのか。解散権は内閣にあり、首相固有の権限ではない。解散したくても、ロッキード隠しを企んだ党主流派の抵抗で解散できなかった三木武夫首相の例もある。結局、戦後唯一の任期満了選挙に追い込まれた。
解散の根拠は憲法７条と69条にある。７条は解散を内閣の助言と承認による「天皇の国事行為」と定める。69条は内閣不信任案が可決された場合に、衆院を解散するか内閣総辞職をしなければならないとする。現行憲法下で内閣不信任案可決による解散は１９９３年、宮沢内閣の時など４件。ほかは７条解散だ。
６００億円の血税
「助言と承認」は内閣の意思であり、ここに恣意的解散が横行する「根拠」がある。しかし、自身の疑惑封じや権力維持のために６００億円もの血税を投じる解散・総選挙などあっていいはずがない。
解散には正当性がなくてはならない。国政の重大な選択が迫られている時、民意を正しく反映する政府を作るために総選挙を行うことは民主主義に適う。
そうした意味で、立憲民主党が今国会に解散権の乱用を防ぐため、首相の解散を制限する法案を提出すると聞く。解散理由を事前に通知するよう内閣に求め、衆院の４分の１以上の要求があった場合は国会審議を義務付けることなどを柱とする。注目したい。
英訳版↓
No. 1329 Prime Minister’s Right to Dissolve Parliament Abused
Stormy waves have swollen over dissolution of the Diet to be ordered by Prime Minister before and since the closing date, which was in June, of the ordinary Diet session. Prime Minister Kishida Fumio himself is to be accountable for the fact. Premier has an exclusive authority, or the right to dissolve the Diet, in this country, which is regarded as his last resort. But when the power is abused by arbitrary decisions, that will threaten democracy.
ONE OF SERIOUS CAUSES TO DESTROY DEMOCRACY
Prime Minister plays favorite cards
Mr. Kishida, taking advantage of his power over parliament dissolution, disturbed opposition forces, pushing lawmakers in panic so that a series of bills could be enacted. During that time Premier could gain an opportunity to prepare candidates from his Liberal Democratic Party (LDP) for general elections. Reportedly, the premier said, to his satisfaction, ‘I could spare my last card. I will be able to play with it during winter or in the next year’.
Furthermore, the premier has brought confusions in the parliament; it was when he reshuffled personnel of the Cabinet and changed major leaders of his own party, set the date of the extraordinary session, and presented his policy package on the economy and supplementary budget draft. Foreseeing the scheduled election of his party’s presidency in September 2024, Premier Kishida, playing cards, makes expedient calculations to maintain his administration and oust lawmakers at the most opportune time.
It is abuse of power, by using his authority, for premiers to dissolve the Diet, the supreme organ of the state, in order to enjoy good conditions or to remove inconvenient states of affairs. In 2017 the Abe government dissolved the parliament for general elections, which represented his personal desire to cling to the state’s power.
People clearly remember that the Abe government had kept ignoring the constitutional requests from opposition parties to open an extraordinary Diet session to discuss the scandals over Mori-Kake schools, in which the then-premier must have had involved, and that, suddenly then, he rudely employed his power, declaring to ‘break through the nation’s crises’. He dissolved the parliament for general elections.
Let’s focus on Article 7 of Constitution
Now, let’s analyze the power to dissolve the Diet. Does it solely belong to Prime Minister?
The right to dissolve the parliament pertains to the Cabinet, not, personally, to Premier. We know an example of the government led by Premier Miki Takeo; he wanted to dissolve the Diet, but could not do so because lawmakers from the major factions inside the ruling LDP waged stubborn resistances to cover up the disgrace over the US arms’ manufacturer, Lockheed Corporation. Consequently, the election was held when lawmakers’ tenure was expired on legal term. This is the sole case in the history after WWII of a general election held due to the expiration of the term of office.
Concerning an authority for Diet dissolution, provide it Articles 7 and 69 of the Constitution. The former specifies it as ‘Emperor’s act in matters of state on behalf of the people’ with the advice and approval of the Cabinet. Meanwhile, the latter article stipulates that the House of Representatives must be dissolved unless the Cabinet shall resign en masse, if the House passes a non-confidence resolution. When looking at the past dissolutions carried out under the current constitution by way of approval of non-confidence, we find four occasions, including one in 1993, when the Miyazawa government was disputed. Other dissolutions have been made in accordance with Article 7 of the constitution.
Tax money amounting to 60 billion yen
‘Advice and approval’ represent the Cabinet’s will, and therefore, it is very here that we see rampant, arbitrary removing of the Diet members committed by the administrations. A dissolution-general-election event costs 60 billion yen each time. An administration is authorized to spend as much as this sum of tax money on closing the shameful acts and keeping power. That cannot be acceptable.
Dissolution of parliament must have legitimacy. If the nation faces a critical phase how to make decisions, it is right to hold general elections from a point of democracy to formulate another regime that could reflect people’s aspiration.
Under the circumstances, according to media reports, the Constitutional Democratic Party, a major opposition party, will present a bill to curb abuses of the right to dissolve the Diet. Its main agenda lie in restricting Prime Minister from dissolving the Diet and requesting the Cabinet to announce reasons in advance, and in obliging the Diet to order debates on the issue, when over 1/4 of lawmakers in the Lower House demand them. We will focus on it.
November 1, 2023