In a court case in which more than 800 citizens and scholars sought compensation from the government, saying that the security-related law that enabled the exercise of the right of collective self-defense, which was enacted seven years ago (H27), violates Article 9 of the Constitution. The Tokyo High Court of the trial dismissed the complaint without making a constitutional decision following the first trial.
Regarding the security-related law that was enacted in 2015 and made it possible to exercise the right of collective self-defense, citizens and scholars from all over the country said, "The right to live peacefully in violation of Article 9 of the Constitution, which stipulates the abandonment of war. Was infringed, "and sought compensation from the state.
Three years ago, the Tokyo District Court in the first instance dismissed the proceedings without judging whether it was unconstitutional, and more than 800 of the plaintiffs appealed.
In the judgment of the second trial on the 24th, Judge Yuji Watanabe of the Tokyo High Court said, "The concept of" peace "is abstract, and even if Article 9 of the Constitution is premised," the right to live peacefully "is the concrete right of the people. I can't say that. After the establishment, assigning the Self-Defense Forces unit a "rush guard" mission and dispatching it to South Sudan is an act that creates tensions with related countries and armed groups, but immediately wars and It cannot be said that there was a specific danger such as being involved in a terrorist attack. "
He made no judgment as to whether security-related laws violated the Constitution.
In similar proceedings in various parts of the country, none of the proceedings handed down so far have shown a constitutional judgment and have dismissed the proceedings.
Defense team "It's a decision to escape responsibility"
Attorney Mamoru Fukuda, a lawyer, said, "The court is imposing responsibility on the Diet without fulfilling the judicial role of constitutional judgment. Clarified the policy to do.