Japan's Diet has begun the process of passing legislation that would authorize the country's self-defense forces to fight in foreign conflicts, in apparent violation of the country's pacifist constitution. And that's a good thing, despite the apparent danger it poses to the rule of law. Behold the power — and the danger — of a living constitution.
The provision in question is Article 9 of the Japanese Constitution, which says "the Japanese people forever renounce war as a sovereign right of the nation" and promises that "land, sea, and air forces, as well as other war potential, will never be maintained."
No other country has such a remarkable pacifist guarantee in its constitution. It was imposed by the U.S. occupation after World War II. Even if a whole people wanted to be at peace with the world, there would ordinarily be no good reason to renounce the right to fight. But Gen. Douglas MacArthur wanted a definitive and clear message sent to the Japanese that their imperial ambitions were being permanently shut down. Forcing them to renounce war as a legitimate tool of foreign policy was akin to forcing the emperor of Japan to renounce his divine character.
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