Nikkei（http://asia.nikkei.com/）
10 August 2016
Japan to consider legal options for abdication
TOKYO -- The Japanese government will consider whether to open the door to Emperor Akihito's retirement by amending existing law or enacting a special law applying only to this case, as each approach brings its own advantages and drawbacks.
An expert panel will be formed as early as September to begin discussion. "We'll think carefully from here on about how we should proceed," Prime Minister Shinzo Abe told reporters Tuesday in Nagasaki.
Resolving the legal side of the process will be high on the agenda. Since the Imperial House Law makes no provision for abdication, letting the emperor step down would be difficult without tinkering with the law, a government source said.
The Imperial House Law serves as the basis for Japan's Imperial system, laying out the succession process. Should the Diet consider revising it, controversial issues put on the back burner in the past would become fair game again, such as allowing women to accede to the throne or remain in the Imperial family after marriage.
"Even if we get public support for abdication, discussion could drag on because of the female succession issue," an Abe aide said.
Establishing a permanent system for abdication would be complicated. The government would need to determine the status and title of retired emperors and take steps to keep future emperors from stepping down arbitrarily or being forced out of power.
Faced with this prospect, some in government have proposed enacting a special law permitting abdication in just this one case. That would solve the problem with a minimum of legal fuss. With public support, a bill could be submitted to the Diet as early as next year's regular session.
But this approach could raise questions about consistency with Article 2 of the constitution, which states that "the Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet." Some experts anticipate no constitutional problems if the Imperial House Law is revised as necessary afterward. But such a move risks criticism that using an ad hoc law to change the emperor's status sets a bad precedent.
The government initially considered lightening the aging emperor's workload or establishing a regency, which would let someone else handle the emperor's duties. Either proposal would have dealt with the problem quickly without modifying the system or inviting a public backlash.
But Emperor Akihito seemed to reject both options in his address Monday.
"I think it is not possible to continue reducing perpetually the emperor's acts in matters of state and his duties as the symbol of the state," he said.
He indicated an aversion to a regency, as he would remain emperor despite being unable to fully perform the duties required by the role.
"We understand His Majesty's feelings," a top official from the ruling Liberal Democratic Party said Tuesday. "It would be best for the prime minister's office to handle this quickly."
The government plans to leave discussion to experts for now to avoid running afoul of the constitution, which stipulates that the emperor may not have political power. But tough decisions are likely as the available options narrow.
(Nikkei)
