Lawsuits filed with Japan's Supreme Court could scupper controversial security laws

With thousands more plaintiffs gearing up to file lawsuits over constitutionality of the newly-enforced security laws, Japanese people are launching a fresh offensive to scrap the controversial "war legislation."

More than 500 people in Tokyo and about 200 in Fukushima Prefecture filed class-action lawsuits Tuesday against the Japanese government, arguing that the security laws violate Japan's pacifist constitution and damage the Japanese people's right to peaceful survival.

The plaintiffs, including constitutional scholars, legal professionals and war victims, are seeking an injunction to block the deployment of the Self-Defense Forces personnel under the new legislation, as well as state compensation for emotional damages caused by a "culture of fear."

These are the first of a series of lawsuits to be filed across the nation by a group of experts. Similar suits will be filed in Osaka, Hiroshima, Nagasaki and other major cities across the nation, by a group of legal specialists, lawyers, constitutional experts, including professors and former judges.

"We have a chance to win, as we have over 600 lawyers representing the plaintiffs, including former judges and prosecutors." said Makoto Ito, a lawyer and representative of the group "Legal Actions against the Security Bills."

"Not to mention the fact that the former chief of the Supreme Court of Japan also believes that the security laws violate the constitution," he added.

However, not all observers here are optimistic about the prospect of the lawsuits.

Courts in Japan, in many cases, appear reluctant to rule against the government on the issue of constitutionality.

Earlier legal action brought by individuals against the state, seeking the scrapping of the laws deemed unconstitutional, were dismissed even before reaching deliberation.

And even if the courts rule in favor of the plaintiffs, how to enforce such a binding decision on the government is hard to tell.

So far, the government's response to the numerous lawsuits has come from the National Security Secretariat in the form of a statement saying the security laws are constitutional, though the majority of the people, especially the constitutional experts, would disagree.

"We believe the legislation is compatible with the constitution and absolutely necessary in defending the lives and peaceful existence of Japanese nationals," the statement claimed.

Ito, for his part, said they will bring the cases first to the local courts, and if they lose, will appeal to higher courts and even the Supreme Court.

"If only one of the cases were ruled in our favor, it would provide a huge impetus for us to push for the scrapping the security laws," said Ito.

Meanwhile, protests and petitions pushing for the scraping of the security laws have been on going and are gathering momentum.

Some 37,000 people rallied in front of the Japan's Diet Building, at the heart of government in Tokyo's Nagatacho district, on March 29, the day the security laws came into force, protesting against the controversial laws and demanding the legislation be revoked.

The "Legal Actions against the Security Bills" group has planned to collect some 20 million signatures across Japan before May 3, Constitution Memorial Day, calling for revocation of the security laws and upholding the pacifist Constitution.

Opposition parties, including the Democratic Party and Japanese Communist Party, have also made it as their collective campaign in the lead-up to the House of Councilors election this summer.

The new security laws are also set to become a flash point in July's upper house election. The Abe administration is speeding up preparation and pushing for an amendment to the war-renouncing constitution.

If the ruling coalition maintains the number of seats needed for Prime Minister Shinzo Abe to achieve a super majority in both chambers of Japan's parliament, the government will then seek a public referendum on changing the constitution.

If Abe can garner the majority of support from the public, a fully militarized Japan could once again, as was the scenario before and during WWII, hurtle along a dangerous and unpredictable path.

Source: XINHUA