Three days will mark 80 years since the promulgation of the Japanese Constitution. As large-scale disasters such as an earthquake directly hitting the Tokyo metropolitan area or an earthquake along the Nankai Trough are predicted to occur, debate continues as to whether an emergency clause should be enshrined in the constitution to temporarily strengthen the government's powers as a countermeasure. While there is an opinion that it is necessary for a rapid initial response, there are also deep-rooted concerns that it will lead to a concentration of power. We asked three experts from different standpoints for their views.
Yoshiaki Kawata, Kansai University Specially Appointed Professor (Massive Disasters and Urban Disasters), explained that large-scale disasters require responses that span multiple agencies and ministries, and that ``there may be cases where existing laws alone will not be sufficient to respond.'' Although there is a provision for a ``disaster emergency'' in the Disaster Countermeasures Basic Act, it will take time to coordinate with relevant organizations before it is applied, and he is concerned that ``the damage will continue to spread in the meantime.''
For this reason, he argues that it would be desirable to establish conditions for triggering the law based on damage estimates and apply emergency clauses if certain standards are exceeded. He calls for a system that allows the prime minister to make quick decisions based on expert opinions.
On the other hand, attorney Yukitoshi Nagai, who is well versed in constitutional revision issues, is cautious about establishing the system. He explained that when the constitution was enacted, there was no emergency clause for reasons such as limiting the concentration of power in the government during emergencies. He points out that individual laws such as the Disaster Countermeasures Basic Act stipulate authority and procedures according to the necessary scope, making it ``hard to abuse power.''
Furthermore, he emphasized that municipalities, which have the best understanding of the actual situation in the affected areas, can respond most effectively to disasters. He stated that there is a system in place that allows prefectures and the national government to take over administrative duties in the event that a municipality becomes dysfunctional, and expressed the view that it is important to make use of the current system and prepare in advance.
Akira Kotaki, visiting professor at Kokushikan University, who was in charge of disaster prevention at the Cabinet Office at the time of the Great East Japan Earthquake, points out practical issues. Immediately after the disaster, efforts were made to secure and transport emergency supplies, but related expenses were not included in the initial budget, and the company says, ``The decision was beyond the law.'' The budget was later covered by contingency funds.
In the future, if an unexpected large-scale disaster occurs and the government is unable to respond with reserve funds alone and has to wait for a supplementary budget to be enacted, there is concern that it may not be possible to respond quickly. On the other hand, he points out that if the authority is to be strengthened, it will be necessary to put some restraints on it, such as by limiting the period and requiring ex post facto approval from the Diet. ``The question is where we can balance the safety and rights of the people,'' he said.
