Unique and Universal Problems about the Proposal Process of Constitutional Amendment in Japan

There are variety of national constitutional amendment procedures and it is difficult to say what is normal or rapid procedure. It would eventually all depend on who is initiating the reform, which is a universal feature. Japan’s Constitution has an article that sets out how to amend the constitution and it sets up a more difficult procedure for constitutional amendment than for normal legislation process.
However, Article 96 of the Japanese Constitution does not prescribe any procedures to amend the constitution. Thus, regarding the amendment procedure, the referendum law was passed on May 14, 2007. The referendum law has several problems, such as the lack of provision of the minimum voting rate. Even if the proposal for constitutional amendment is made, there are still doubts and procedural problems with the referendum process which is written in the Referendum Law, and this is a unique and universal problem of guarantee of proper procedures for constitutional amendment.