【PART 2】 The Mystery of Fukushima: Why Japan Cannot Stop Nuclear Power Plants?


20】 “Government can enact laws contrary to the Constitution”


Consider the following article. This is Article 2 of the Enabling Act by the notorious Adolph Hitler, carried out on March 23, 1933, while the Nazi Storm Detachment (SA) and Protection Squadron (SS) surrounded the temporary Diet Building and shut out opposition diet members.

Enabling Act Article 2:

Laws enacted by the government of the Reich may deviate from the constitution as long as they do not affect the institutions of the Reichstag and the Reichsrat. …

Since the enactment of this law, the Weimar Constitution — the most democratic constitution at that time — ceased functioning, and parliamentary democracy and constitutionalism in Germany collapsed.

“The government can enact laws contrary to the Constitution.” If this is allowed, any nation will definitely be ruined. However, in the case of Japan, as already explained above, the Constitution has become dysfunctional — beginning with the U.S. base issue and the way that bureaucrats, backed by the “intention of the U.S.,” impassively repeat the violation of the Constitution. Needless to say, the Constitution is supposed to convey to the government the directions of the sovereign citizens. It is also supposed to bind bureaucrats to their duties. However, in truth, it is not working this way at all.

It is an accepted theory in the world legal community that, in even the most despotic state, laws violating the Constitution don’t exist.

However, the reality in Japan is worse than in Nazi Germany, because here it is not only laws but even “government ordinances or ministerial ordinances by bureaucrats” that can breach the Constitution.