This paper analyzes the principles of law regarding nuclear policies of Japan as they relate to constitutional theory, the Japanese government, and judicial precedent.
The analysis addresses three issues that have recently arisen in relation to the Constitution of Japan. The first concerns a principle of law found in the discussion between Shinkun HAKU, a member of the House of Councilors, and Yusuke YOKOBATAKE, Director-General of the Cabinet Legislation Bureau, which took place at the Budget Committee of the House of Councilors on March 18, 2016. The point of their discussion was whether it was constitutional for Japan to use nuclear weapons abroad when Japan was not under direct military attack.
The second issue concerns nuclear plants under Clause 2, Article 9 of the Constitution of Japan, which prohibits the maintenance of land, sea, and air forces, as well as other potential instruments of war. However, it may be violated if nuclear power plants are regarded as war potential. This reasoning derives from the fact that nuclear power plants can have capacity to produce, maintain, and use nuclear weapons.
The third issue concerns constitutional rights and nuclear power plants. Some experts posit that nuclear power plants violate various constitutional rights, such as the right to life, the right of personhood, the environmental right, the rights of future generations, the right to live in peace, the right of equality, and the right to self-government of local residents. In this regard, the analysis also considers some recent judicial precedents on constitutional rights and nuclear power plants, such as one from the Fukui District Court on May 21, 2014.
