single-dr.php

JDR Vol.13 No.2 pp. 367-379
(2018)
doi: 10.20965/jdr.2018.p0367

Paper:

Study on Disaster Emergency Provisions in the Constitution of Japan as a Measure Against Huge Disasters – A Discussion Based on Initial and Emergency Responses to the Great East Japan Earthquake (Earthquake and Tsunami) –

Akira Kotaki*,† and Fumio Takeda**

*Research Institute of Disaster Management and Emergency Medical System, Kokushikan University
7-3-1 Nagayama, Tama-City, Tokyo 206-0025, Japan

Corresponding author

**National Graduate Institute for Policy Studies, Tokyo, Japan

Received:
August 21, 2017
Accepted:
January 11, 2018
Online released:
March 19, 2018
Published:
March 20, 2018
Keywords:
Great East Japan Earthquake, Extreme Disaster Management Headquarters, declaration of a state of disaster emergency, Constitution of Japan, Disaster Emergency Provisions
Abstract

The Great East Japan Earthquake, which occurred on March 11, 2011, was the greatest disaster in Japan since World War II. The establishment and operation of the Extreme Disaster Management Headquarters left various lessons about initial and emergency responses against future huge disasters. It is hoped that these lessons will be heeded in measures against huge disasters in Japan in the future. Based on this recognition, this study examines a specific direction in the discussion on introducing Disaster Emergency Provisions in the Constitution of Japan with a view toward huge disasters, such as Tokyo Inland Earthquake and Nankai Trough Earthquake. From the viewpoint of responses against huge disasters, there is a need to discuss what kind of Disaster Emergency Provisions are necessary in order to protect the people from huge disasters that were not considered when the Constitution of Japan was enacted. These provisions should possess a certain specificity, comprehensiveness, and flexibility, and address response measures when there is no time to await legislation by an extraordinary session of the Diet or when such measures cannot be addressed by legislation enacted during normal times. We hope that these lessons culled from initial and emergency responses to the Great East Japan Earthquake will further the discussion on special Constitutional rules on the relationship between the Cabinet and Diet or the national and local governments.

Cite this article as:
A. Kotaki and F. Takeda, “Study on Disaster Emergency Provisions in the Constitution of Japan as a Measure Against Huge Disasters – A Discussion Based on Initial and Emergency Responses to the Great East Japan Earthquake (Earthquake and Tsunami) –,” J. Disaster Res., Vol.13 No.2, pp. 367-379, 2018.
Data files:
References
  1. [1] Emergency Headquaters Bulletins, 14:00, March 8, 2017 (in Japanese).
  2. [2] Cabinet Office press release material, “Estimation of damage by the East Japan Earthquake,” June 24, 2011 (in Japanese).
  3. [3] Central Disaster Management Council, Working group for countermeasures against Tokyo Inland Earthquake, “About the damage estimation and countermeasures concerning the Tokyo Inland Earthquake (Final Report),” December, 2013 (in Japanese).
  4. [4] Central Disaster Management Council, Working group for countermeasures against Nankai Trough Earthquake, “Damage estimation concerning the Nankai Trough Earthquake, About the Nankai Trough Earthquake (Final Report),” Annex2, May, 2013 (in Japanese).
  5. [5] O. Nishi, “Some Comparative Constitutional Considerations on Powers during a State of National Emergency : Focusing on the OECD Countries,” Nihon Hogaku (Journal of Law),Vol.82, No.3, pp. 1772-1745, 2016 (in Japanese).
  6. [6] A. Kotaki, “Initial Responses of the Government of Japan to the Great East Japan Earthquake (Earthquake and Tsunami) and Lessons Learned from Them,” J. of Disaster Research, Vol.10, pp. 728-735, 2015.
  7. [7] A. Kotaki, “90days of Extreme Disaster Management Headquarter for the Great East Japan Earthquake,” Gyosei, 2013 (in Japanese).
  8. [8] F. Takeda, H. Hayashi, and S. Sato, “Considerations on the developing legislation of catastrophic disaster reduction systems: focused on Tokyo Metropolitan Earthquake Disaster Reduction Special Act,” J. of Japan Society for Natural Disaster Science, Vol.30, No.1, pp. 105-122, 2011 (in Japanese).
  9. [9] F. Takeda, K. Takeuchi, T. Mizuyama, and H. Ikeya, “Research on Issues of Reviewing Legal System against Huge Disaster,” GRIPS Discussion Papers, 16-06, 2016 (in Japanese).
  10. [10] White Paper on Disaster Management 2011, July, 2011 (in Japanese).
  11. [11] Clause by clause commentary on Disaster Countermeasures Basic Act (Revised 3rd Edition), p. 654, Gyosei, 2016 (in Japanese).
  12. [12] Proc. of the 177th House of Councilors Budget Committee, No.7, pp. 7-8, 2011 (in Japanese).
  13. [13] H. Hamaya, “The Necessity of Establishing a Legal System for a State-of-Emergency : How to introduce an Emergency Clause into the Constitution of Japan in order to provide for a Huge Natural Disaster,” J. of world affairs, Vol.64, No.11, pp. 75-91, 2016 (in Japanese).
  14. [14] Liberal Democratic Party, “A draft amendment to the Constitution of Japan,” April, 2012 (in Japanese).
  15. [15] Q&A for “A draft amendment to the Constitution of Japan” of Liberal Democratic Party (augmented version): 2013 (in Japanese).
  16. [16] The Yomiuri Shimbun, “A draft amendment to the Constitution of Japan 2004,” Chuokoron-Shinsha, Inc., 2004 (in Japanese).
  17. [17] M. Mitsumata and T. Arai, “East Japan Great Earthquake and the Constitution of Japan – Looking back at the discussion of the House of Councilors Constitutional Review –,” Office of the House of Councilors Planning and Coordination Unit, Rippo to Tyousa, No.331, 2012 (in Japanese).
  18. [18] House of Representatives Constitutional Review Board Secretariat: Material on ‘State-of-Emergency,’ 2013 (in Japanese).
  19. [19] K. Nagai, “Are the Emergency Provisions necessary in the Constitution of Japan?” Iwanami Booklet, 2016 (in Japanese).
  20. [20] K. Nagai, “Easy to understand the Emergency Provisions Q&A,” Akashi Shoten, 2016 (in Japanese).
  21. [21] Kansei Gakuin University, Institute of Disaster Area Revitalization, Regrowth and Governance, “What’s the matter with the emergency provision?,” Iwanami Shoten, 2016 (in Japanese).
  22. [22] H. Murata, “Manners of argument on the amendment of the Constitution and Emergency Provisions,” Nihon Kikanshi Syuppann Center, 2016 (in Japanese).
  23. [23] K. Nagai, “The Effective Legal Systems for Disaster Control : In Relation to the Emergency Provision,” REAJ, Vol.38, No.5, 2016 (in Japanese).
  24. [24] G. Hosono, “Present a realistic constitutional amendment plan,” Chuokoron, Vol.131, No.5, 2017 (in Japanese).
  25. [25] N. Ashibe, “The Constitution (6th edition),” Iwanami Shoten, p. 376, 2015 (in Japanese).

*This site is desgined based on HTML5 and CSS3 for modern browsers, e.g. Chrome, Firefox, Safari, Edge, Opera.

Last updated on Apr. 18, 2024