Malcolm Rivera
Japan's constitution was amended after World War II, largely due to the influence of Supreme Commander of the Allied Powers, General Douglas MacArthur, who led the seven-year occupation of Japan. The new constitution was drafted in February 1946, after the first Japanese attempt was rejected for being too conservative. The document came into effect on May 3, 1947, and included significant changes such as granting universal suffrage, stripping the emperor of all but symbolic power, abolishing peerage, and outlawing Japan's right to wage war. This article will explore the process and impact of Japan's post-war constitutional reform, including the role of MacArthur and the Japanese government, and the ongoing debates surrounding its interpretation and potential amendments.
| Characteristics | Values |
|---|---|
| Date of implementation | 3 May 1947 |
| Author | Primarily American civilian officials, including General Douglas MacArthur and his chosen occupation staff |
| Reason for implementation | To replace the Meiji Constitution of 1889, which had enabled militarists to take control and lead Japan into World War II |
| Key provisions | Universal suffrage, the emperor stripped of all but symbolic power, a bill of rights, abolition of peerage, and the outlawing of Japan's right to wage war |
| Public opinion | Progressives welcomed the new constitution, while conservatives were less enthusiastic |
| Article 9 | Japan shall not wage war or maintain an army |
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What You'll Learn
The Meiji Constitution
During World War II, the Japanese military was able to assume control without going against the Meiji Constitution. However, after the war, the Allied Powers concluded an "Instrument of Surrender" with Japan, which stated that the Emperor and the Government of Japan would come under the subordination of the Supreme Commander of the Allied Powers. General Douglas MacArthur, the Supreme Commander, directed Prime Minister Kijūrō Shidehara to draft a new constitution, which was adopted on November 3, 1946, and came into effect on May 3, 1947, replacing the Meiji Constitution.
The new constitution was based on the principles of popular sovereignty, pacifism, and the renunciation of war, as well as individual rights. While the Meiji Constitution allowed for civil liberties, the new constitution further protected these rights and preserved the Emperor as a symbol of the state and unity of the people. However, the Emperor was stripped of his power to control the state, and the new constitution conformed to a Western-style liberal democracy. The process of drafting the new constitution involved intricate debate and collaboration within and across national lines, with recent research highlighting the supportive role played by common Japanese people.
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The Potsdam Declaration
The Potsdam Conference, held from July 17 to August 2, 1945, was the last meeting of the 'Big Three' Allied leaders—Winston Churchill of the United Kingdom, Harry Truman of the United States, and Joseph Stalin of the Soviet Union—during World War II. The conference took place in Potsdam, a suburb of Berlin, and was convened to discuss the administration of post-war Germany and determine the borders of post-war Europe.
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The role of Emperor Hirohito
However, as the occupation of Japan progressed, Hirohito's cooperation became increasingly important to the Allied forces, particularly to General Douglas MacArthur, who saw the emperor as a symbol of continuity and cohesion for the Japanese people. MacArthur believed that retaining Hirohito's position, albeit in a modified form, would facilitate a peaceful occupation and help achieve American postwar objectives. This decision was also influenced by the concern that removing Hirohito from power could trigger widespread chaos and collapse in Japan, given his revered status.
As a result, Emperor Hirohito was not prosecuted for war crimes, despite demands from Allied countries and Japanese leftists. MacArthur worked to separate Hirohito from the militarists and presented him as a constitutional monarch and a figurehead. Hirohito was pressured by the Allies to renounce his divinity, and under the new constitution, his role was redefined as "the symbol of the State and of the unity of the people". This change stripped him of his quasi-divine status and any nominal governmental powers, limiting his role to ceremonial and representative functions as delineated in the Constitution.
In February 1947, when the Japanese cabinet was deadlocked over the proposed "model constitution", Hirohito intervened and commanded that the "model" become the basis for the new constitution. This action was instrumental in ending the deadlock and paving the way for the adoption of the new constitution. Hirohito's approval of the constitution, along with that of General MacArthur, contributed to its widespread publicity and enthusiastic discussion among the Japanese people.
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Influence of the US and Allies
The new Japanese constitution was heavily influenced by the US and its allies. After World War II, Japan was occupied and US General Douglas MacArthur, the Supreme Commander of the Allied Powers, directed Prime Minister Kijūrō Shidehara to draft a new constitution. Shidehara formed a committee of Japanese scholars to undertake this task. However, MacArthur was dissatisfied with the Japanese government's initial attempts, deeming them too conservative. In February 1946, he presented his own draft, which was then reviewed and modified by the scholars before its adoption. This constitution came into effect on May 3, 1947, and included significant changes.
The Meiji Constitution of 1889, which was in force before the war, had allowed the Japanese military to assume control and pursue its expansionist policies. The new constitution, largely written by American civilian officials, stripped Emperor Hirohito of all but symbolic power, stipulated a bill of rights, abolished peerage, and outlawed Japan's right to wage war. It was based on the principles of popular sovereignty, pacifism, and the protection of individual rights.
The US and its allies sought fundamental changes in Japan's political system. The occupation, led by MacArthur, oversaw a reconstruction of the Japanese government, industry, and society along American models. The new constitution was modelled after the British parliamentary system, which was seen as a viable alternative to the absolutism of the Meiji Constitution. MacArthur's constitution was progressive and welcomed by the Japanese people, granting universal suffrage and protecting civil liberties.
The influence of the US and its allies extended beyond the initial drafting process. After the constitution came into effect, MacArthur retained significant authority in Japan until 1949. The ongoing Cold War division also ensured that Japan remained firmly within the American sphere of influence. The US-Japan relationship continued to evolve, with the two countries interpreting the constitution's Article Nine to support rearmament for national defence in the context of the Cold War. More recently, Japan has faced controversy over its response to the 2001 terrorist attacks in the US and its participation in aiding US forces in the Pacific.
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Article Nine
Japan did indeed write a new constitution after World War II. The country's previous constitution, the Meiji Constitution, was in place from 1889 to 1947 and granted the emperor full control over the Japanese army and navy.
The new constitution was implemented largely because of Commander Douglas MacArthur, who brought an occupational staff to help prepare the new Japanese constitutional draft in February 1946. This was after the first Japanese attempt at a new constitution was rejected for being too conservative. MacArthur's draft was influenced by the ideas of certain Japanese liberals and conformed to the British model of parliamentary government.
Article 9 of the 1947 constitution was added during the US occupation that lasted until 28 April 1952. It states:
> Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as a means of settling international disputes. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.
Article 9 is also known as the pacifist clause, as it effectively disarms Japan and prevents its rearmament. The source of this clause is disputed. According to the Allied Supreme Commander Douglas MacArthur, the provision was suggested by Prime Minister Kijūrō Shidehara, who wanted to prohibit any military establishment in Japan. Shidehara's perspective was that a substandard post-war military would no longer gain the respect of the people and would cause an obsession with rearming Japan.
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Frequently asked questions
Yes, Japan's postwar constitution came into effect on May 3, 1947.
The new constitution was largely the work of Supreme Commander of the Allied Powers, General Douglas MacArthur and his staff.
The Japanese government submitted a draft for a new constitution in early 1946, but it was rejected for being too conservative. MacArthur then ordered his staff to draft their own version, which became the basis for the new constitution. The final draft was slightly revised by the Japanese government before its adoption.
The new constitution granted universal suffrage, stripped the emperor of all but symbolic power, stipulated a bill of rights, abolished peerage, and
The new constitution was endorsed in popular elections in April 1946, and it was generally welcomed by the Japanese people. However, many conservatives in the government were less enthusiastic about the changes.
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