A lthough the law setting down special referendum procedures for approving a constitutional amendment went into effect Tuesday, details of the procedures have not been worked out yet. Article 96 of the Constitution stipulates that the Diet may initiate an amendment to the Constitution by a concurring vote of two-thirds or more of the members of each House. The amendment then requires a majority, affirmative vote at a special referendum.
Since the law calls for giving people age 18 or older the right to vote in a special referendum, the Public Offices Election Law, which allows people age 20 or older to vote, and the Civil Code, which sets age 20 as the year people come of age, must be changed. But no work has been done in this regard.
The law also is defective for failing to define "majority" in a referendum. Does it mean the majority of voters, majority of all the votes cast, or majority of all valid votes? The law does not stipulate minimum voter turnout required for ratification. The restriction on political activities by public servants and educators after the Diet votes for an amendment could violate the constitutional right to free speech and expression.