Takaichi's Constitutional Reform

Takaichi Pushes Her Conservative Agenda

By Takuya Nishimura, Senior Fellow, Asia Policy Point
Former editorial writer for the Hokkaido Shimbun
You can find his blog, J Update here.
June 29, 2026
 
With less than three weeks before the end of the current Diet session, Prime Minister Sanae Takaichi has accelerated work on her conservative agenda. Opposition parties have signed on to some of her agenda items, but others require additional support to build a majority in the Upper House. In some cases, Takaichi’s maneuverings have frustrated the opposition parties. 
 
Penalty for National Flag Vandalism
Article 92 of Penal Code prohibits damaging the national flag of a foreign country for the purpose of insulting the country. The law is intended to protect diplomatic relations with foreign countries. But Japan does not have any proscription on vandalism to its own national flag. Conservative lawmakers, including Takaichi, are dissatisfied with a situation in which defilement of the national flag of Japan goes unpunished.
 
Conservatives are proud of the national flag of Japan, or Hinomaru, which depicts a rising sun. They believe that paying respect to Hinomaru exemplifies patriotism. In wartime Japan, people were obliged to salute the Hinomaru hoisted along the streets. Although they may not hope to bring back that pre-war culture, the conservatives cannot abide insulting a symbol of Japan.
 
When they formed the leading coalition last October, the Liberal Democratic Party (LDP) and the Japan Innovation Party (JIP) agreed on the terms of legislation to establish the “crime of damaging the national flag” in 2026 ordinary session of the Diet. Although the ordinary session was closed on January 23 when Takaichi dissolved the Lower House for a snap election, a special session was convoked after the election; this session is scheduled to adjourn on July 17.
 
The LDP approved a draft of a bill named the National Flag Vandalism Punishing Act in early June, on which the JIP agreed. Although the Democratic Party for the People (DPP) had been skeptical about the need for the law, it signed on after the LDP struck a provision that would have criminalized the posting of a scene of damage to Hinomaru on a social networking service. The bill was finally submitted to the Diet sponsored by the LDP, JIP, DPP and the ultra-conservative Sanseito. It also gained support of populist Team Miral and is expected to pass both chambers of the Diet.
 
It is highly unclear what interest the bill represents. The law will prohibit any age to Hinomaru “in a way that causes the public to feel uncomfortable or disgusted.” A violation will carry up to two years in custody and a fine of up to two hundred thousand yen. The sponsors of the bill have argued that the law will protect the feelings of people who think Hinomaru is precious and will prevent flag-vandalism in the future. The bill is based on the premise that Hinomaru is precious to everyone. It is unusual for the Diet to make a law with little factual basis for it.
 
The Diet has continued to entertain these strange discussions. Sponsors have cited such instances of supposed defilement of Hinomaru as tearing Hinomaru apart in a train station, stomping on Hinomaru, blotting it with increment, and livestreaming an act of vandalism. But streaming a recorded video of damage to the flag will not be punished. The sponsors have also created exceptions for disposal of an old flag, cutting off a flag that has twisted around ceiling light, and signing messages on Hinomaru for a national sports team.
 
The sponsors of the bill argue that the law will not force the people to pay respect to Hinomaru. However, the law will inevitably be coercive. Meanwhile, freedom of expression will be on the verge of erosion with a concern that not paying respect to Hinomaru might be punished even if the law does not obligate the people to love the Hinomaru.
 
Securing Imperial Family Members
The Speakers and Deputy Speakers of both chambers of the Diet submitted a “unanimous opinion” of the Houses on membership in the Imperial Family to the government of Japan in early June. The Takaichi government is preparing a bill to revise the Imperial House Law, an effort that is supposed to implement the unanimous opinion. It is possible, however, that the government is manipulating the process to favor the conservatives.
 
The unanimous opinion would allow female members to remain in the Imperial Family after marriage and would authorize the Imperial Family to adopt male members who had been in the male line of former Imperial Families. Retaining female members has broad public support. The adoption provision faces hurdles, however: current Imperial House Law unequivocally prohibits adoption and it receives less public approval than retaining female members. But conservative lawmakers firmly support adoption to ensure that the Imperial House is sustained by males in the male line.
 
On Friday, the 26^th, most major newspapers reported with some surprise that the Takaichi government was drafting an amendment to the Imperial House Law that would permit the male offspring of an adopted member of the Imperial Family to succeed to the throne of the Emperor. The draft would not place the adopted male member himself in the line of succession to the throne, but a son or grandson could join the line.
 
This move reflects the confidence of the conservatives on keeping the male line. One LDP conservative lawmaker, Hirofumi Nakasone, definitely remarked that Princess Aiko, the daughter of Emperor Naruhito, cannot become Emperor. “Nobody wants to be married with Emperor Aiko,” Nakasone added. JIP is still not satisfied with the provision of adoption, which is limited to a man 15 years old or older. The conservative bloc is not united on details of revision of Imperial House Law.
 
The “unanimous opinion” did not touch on succession to the throne and limited itself to the size of the imperial family. Centrist Reform Alliance argues that the draft of the Takaichi government does not reflect the unanimous opinion of the Diet. Article 1 of the Constitution of Japan provides that the position of Emperor derives from will of the people, and the Diet represents the will of the people. Without the full support of the Diet, the Takaichi government draft could destabilize the position of the Emperor.
 
Constitutional Amendment on Emergency Terms of Office
The LDP and JIP have sped up consideration in the current session of the Diet of a constitutional amendment that would extend the term of a Diet member in the lower chamber in the event of a national disaster. The Lower House Commission of the Constitution has been discussing this amendment. However, the Upper House has focused instead on election system of the house that would integrate some districts beyond the border of a prefecture. The parties have at least agreed to present such a change for a constitutional referendum.
 
Prime Minister Takaichi declared in the LDP national convention this past April that, by the spring of 2027, she would introduce a constitutional amendment. The Lower House commission has already proposed an emergency clause to extend the term of lawmakers in an emergency and to enable the Cabinet to issue orders with the same legal effect as laws enacted by the Diet. The opposition parties oppose the idea of giving the executive branch what is essentially the power of legislation.
 
The Upper House is not willing to discuss the emergency clause, because the constitution already provides that the Upper House will maintain the functions of the Diet when the Lower House is empty. Most parties can agree on the issue under review in the Upper House election – abolishing electoral districts beyond prefectural border to represent people’s will of every single prefecture.
 
But the integration of electoral districts was made to respect the one-man, one-vote principle that stems from the constitutional principle of equality under the law. In one rural district, a vote had 3.13 times greater value than those in an urban district in the 2025 Upper House election. Two concepts in the constitution, equality in value of one vote and implementation of autonomy, are competing each other

A minimum accomplishment of the parties in the current Diet session will be the revision of the National Referendum Act for constitutional amendments. It includes minor changes in the process of a national referendum. The bill was sponsored by the LDP, JIP, DPP and Sanseito. It passed the Lower House with the support of the Centrist Reform Alliance and Team Mirai. It is also expected to pass the Upper House in current session. Any further progress on wrapping up discussion of the details of a constitutional amendment in this session is unlikely.