Emperor Akihito abdicated on April 30 and Emperor Naruhito ascended the throne on May 1. Reiwa, a name of the subsequent imperial era following the Heisei, was announced by the government on April 1. Commercial media are excited about topics on the event. We need to understand correctly the status of Emperor in the constitutional domain on this occasion.

POLITICAL USE OF EMPEROR CANNOT BE ACCEPTED

According to a recent survey conducted by the Asahi Shimbun newspaper (dated April 19), 76% of the respondents ‘have friendly feeling toward the Imperial family’, the rate being the record-highest. They replied to a question, ‘what do your expect for the new Emperor?: ‘visits to disaster-hit areas’, ‘visits to foreign countries and meetings with foreign dignitaries’, and ‘memorial visits for war victims’ in the numerically ranked order.

The survey shows a positive impression toward the outgoing Emperor in terms of his conducts as ‘the symbol’ of the nation and of people. Don’t you find any problems?

Constitutional status of Emperor

The Constitution of Japan stipulates Emperor in the First Chapter, under which eight Articles are set forth. Article One specifies Emperor as the symbol of the State and of the unity of people, Article Two, dynastic succession and the Imperial House Law, and Article Seven provides ten acts of the State on behalf of the people.

Definition of Emperor in the constitution is made in accordance with the revised version of the Constitution of Meiji, the predecessor of the today’s supreme law. Continuity of the emperor system since the pre-war era is not completely removed (because the conservative forces of Japan sought unity of the state under the imperial system and the then-US General Headquarters which occupied the nation took advantage of it). The Imperial House Law deeply reflects characteristics of the monarchist constitution.

The law forbids female imperial family members from inheriting the throne, which violates the present-day constitution which ensures the fundamental human rights. The law should have been named, for instance, a law on the Emperor’s Family.

What does the symbol mean?

Acts of Emperor as the symbol are provided in an ambiguous manner, except for the specified acts of the State. And therefore, behaviors of the Emperor are regarded a public act, not a private act. Thus, public acts as the symbol of the state and of the people are officially accepted and they are ‘regulated within that boundary’. This notion is shared generally with people.

Emperor Akihito, now Emperor Emeritus, has visited many places across the country as a duty of Emperor as the symbol, calling them ‘symbolic acts of Emperor’. He has referred to peace many times, saying that ‘Japan has not been inflicted by a war during the reign of Heisei’ (though Japan has deployed the Self Defense Forces (SDF) troops to Iraq. It is impossible to say that Japan did not participate in a war).

Under these circumstances, today, when the Abe government plans to amend the constitution so that it should legally send SDF troops abroad, an image is generated that Emperor Emeritus is a pacifist. However, a problem emerges, if Emperor’s acts are expanded politically from a viewpoint of the imperial family system ahead of his private decisions.

Sovereign response is crucial

Visits by Emperor will be unnecessary to disaster-hit areas and places where war victims are buried, if politicians fix difficulties rightly. In fact, however, Emperor endeavors to engage in the unaccomplished tasks, representing lawmakers. If such visits make people get awe-stricken in a similar way as the pre-war era and they cannot discuss the hereditary monarchy in the sincere way, we will face a serious situation, a crisis of democracy.

We must keep in mind that sovereign people should take the initiative in solving political issues, owing responsibilities. Meanwhile, the Abe government utilizes a chance of Emperor’s succession through commercial media to the maximum extent in order to heighten a support rate of the administration. A political use of Emperor must not be allowed.

May 7, 2019