Many foreign observers are puzzled by Japan¡¯s odd response to the COVID-19 pandemic, which some call a ¡°soft lockdown.¡± After dithering for weeks, Prime Minister Shinzo Abe finally exercised power granted under the recently revised New Influenza Special Measures Act to declare a state of emergency on April 7 over Tokyo and six other prefectures, authorizing prefectural governors to request social-distancing measures and other actions.

Without exception, foreign news reports emphasized that the law does not mandate penalties for violation. That¡¯s right. Under this law, governors like Tokyo Gov. Yuriko Koike can strongly request that people stay home but they cannot order them to do so.

Why doesn¡¯t Japan¡¯s pandemic law provide mandatory power? At least one major foreign publication has declared that Japan¡¯s Constitution would need to be amended to impose and enforce a lockdown.