Waseda University Institute of Comparative Law

     The purpose of this act is to establish procedures for a national referendum and a motion to revise the Constitution based on Article 96 of the Constitution which provides constitutional revision.According to Article 97, the Constitution can be revised when a motion that is supported by more than two-thirds of the vote in both Diet chambers is approved by the majority in a national referendum.

     No revision had occurred for 60 years since the Constitution enforced in 1947 and even no legal framework to hold a referendum had been set.While this law established legal procedures, possibility to realize constitutional revision depends on whether the political condition allows to obtain two-thirds approval in both Diet chambers after three years since submission of a motion is suspended for this period.

     The Diet must submit individual proposals of constitutional revision "dividing item by item based on contents" (a comprehensive voting is denied).The referendum must be held on the day the Diet decided between 60 to 180 days after approval of the Diet (a period of announcement).Revision of the Constitution is approved by the nation when the votes in favor account for a majority of votes (approval by the majority of votes effective).Although "canvassing for a national referendum" contesting ayes or noes for constitutional revision is principally allowed, government employees and educators are barred from the activities "in a way deemed to be an abuse of their positions (but no penalty stipulated).In addition, criminal provisions will be prepared for those activities that organizationally buy numerous votes or induce interests (however, some concerns are expressed because this may shrink activities by citizens and labor organizations).On the other side, broadcasting pay opinion advertisement through such as TV is allowed till two weeks before the date of the national referendum, and therefore rich organizations can advantageously conduct campaign.Political parties can also utilize slots of free opinion advertisement on TV or newspapers."The Council for National Referendum Publicity" (organized by respective ten members from both Diet chambers) will be established in the Diet and conduct "objective and neutral" publication.However, it is possible that the Council is led by the Government party because the members are selected from political parties based on the number of seats each party possesses.

     A person who has the right to vote for a national referendum is those who have nationality of Japan and age 18 and over.Revision of related laws is premised because currently the age of an adult in Japan is 20 and over and the legal voting age is connected with this.

     Various issues are pointed out on this law, as the House of Councilors adopted exceptional 18 secondary resolutions.Major criticisms are directed to absence of the minimum required voter system and the restrictions of campaign activities (discussed above).There is a possibility that the Constitution which is the supreme law in the state is changed by very small number of citizens' approval when voting rate is law in the absence of a minimum required voting rate.Such a system deprives the legitimacy of the Constitution and may deny the basis of constitutionalism.Restrictions of campaign activities conflicts with constitutional guarantees on freedom of expression, academic freedom, and freedom of education.Even no democratic legitimacy exists in a national referendum if the voting rate is law and it is conducted without guaranteeing human rights that are the premise of democracy.There are strong voices that request to reconsider this national referendum law itself during the three years that suspends submission of proposals for constitutional revision.