Malcolm Rivera
Japan's constitution, also known as the MacArthur Constitution, was drafted by a committee of Japanese scholars under the supervision of U.S. General Douglas MacArthur following World War II. It provides for a parliamentary system and three branches of government: the National Diet (legislative), Cabinet led by a Prime Minister (executive), and Supreme Court (judicial). The constitution explicitly limits the role of the Emperor to ceremonial matters of state and asserts that sovereign power resides with the people. It also includes provisions that prohibit the use of force and the maintenance of armed forces, which have constrained Japan's foreign policy and military capabilities. The current debate on amending the constitution centres around the role of the Self-Defense Forces (JSDF) and whether they should be clearly written into the constitution.
| Characteristics | Values |
|---|---|
| Date of Promulgation | 3 May 1947 |
| Length | 5,000 signs |
| Renunciation of War | Yes, under Article 9 |
| Limitation of the Emperor's Role | Yes, the Emperor's role is entirely ceremonial |
| Power of the People | The sovereign power resides with the people |
| Power of the Government | The government is a sacred trust of the people |
| Power of the Emperor | The Emperor is the symbol of the state and of the unity of the people |
| Power of the Prime Minister | The Emperor appoints the Prime Minister as designated by the Diet |
| Power of the Supreme Court | The Emperor appoints the Chief Judge of the Supreme Court as designated by the Cabinet |
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What You'll Learn
The role of the Emperor
Historically, the role of the Emperor has alternated between a largely ceremonial symbolic role and that of an actual imperial ruler. The Emperor's role as a figurehead was especially exploited during the Pacific War, where Emperor Shōwa (Hirohito) controlled both the sovereign state and the imperial forces. This created an Imperial cult that led to kamikaze bombers.
Under the Meiji Constitution of 1889, the Emperor was the embodiment of all sovereign power in the realm. The Emperor was described as: "the head of the Empire, combining in Himself the rights of sovereignty", and he "exercises them, according to the provisions of the present Constitution". The Meiji Constitution also gave the Emperor the power to sanction and promulgate laws, execute them, and exercise "supreme command of the Army and the Navy".
However, since the enactment of the 1947 constitution, the role of the Emperor has been reduced to a ceremonial one, without even nominal political powers. The 1947 constitution, also known as the "MacArthur Constitution", "Post-war Constitution", or "Peace Constitution", was drafted by a committee of Japanese scholars under the supervision of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers. The constitution provides for a parliamentary system and three branches of government, with the National Diet (legislative), Cabinet led by a Prime Minister (executive), and Supreme Court (judicial).
The constitution also contains a firm declaration of the principle of popular sovereignty, proclaiming that "sovereign power resides with the people". It refutes the previous constitutional theory that sovereignty resided in the Emperor, instead asserting that the Emperor is merely a symbol of the state. The Emperor's fundamental role is to perform important representational functions, and he is limited to performing "acts in matters of state" as delineated by the Constitution.
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The power of the Prime Minister
The Japanese Constitution, which came into force in 1947, outlines the role of the prime minister as the head of government. The prime minister of Japan is both the de jure and de facto chief executive and is explicitly vested with executive power. They are the leader of the Cabinet, which they have the power to appoint and dismiss, and their signature is required for all laws and Cabinet orders. The prime minister also serves as the commander-in-chief of the Japan Self-Defence Forces (JSDF) and is a sitting member of either house of the National Diet, typically the House of Representatives. They must retain the confidence of the House of Representatives to remain in office.
The role of the prime minister in Japan is more powerful than that of prime ministers in other parliamentary democracies. While in most other constitutional monarchies, the monarch is the nominal chief executive, the Japanese Constitution explicitly limits the Emperor's role to ceremonial matters of state, with sovereignty residing in the people. The prime minister's position is thus greatly enhanced compared to their counterparts in other countries.
The process of amending the Japanese Constitution is complex, and any changes have significant regional implications, especially for neighbouring countries such as China and the Koreas. Prime Minister Shinzo Abe, who was the longest-serving prime minister in Japanese history, sought to amend Article 9 of the Constitution, which renounces war and limits Japan's military capabilities. Abe's proposed changes included removing the portion of Article 9 that disavowed "war potential" and lowering the threshold for passing a proposal in the National Diet from a two-thirds majority to a simple majority. However, these amendments faced opposition and were ultimately withdrawn.
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The right to self-defence
Japan's 1947 Constitution, also known as the "MacArthur Constitution", the "Post-war Constitution", or the "Peace Constitution", has lasted longer without amendment than any other constitution in the world. It was drafted by a committee of Japanese scholars under the supervision of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers. The constitution provides for a parliamentary system and three branches of government: the National Diet (legislative), the Cabinet led by a Prime Minister (executive), and the Supreme Court (judicial).
The Japanese Constitution contains a firm declaration of the principle of popular sovereignty, proclaiming that "sovereign power resides with the people". It also asserts the liberal doctrine of fundamental human rights and limits the Emperor's role to ceremonial matters of state, with sovereignty residing in the people rather than the Emperor.
One of the most notable aspects of the Japanese Constitution is Article 9, which states that "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". This article has been interpreted as allowing Japan to possess weapons for self-defence, but not offensive weapons such as ICBMs or strategic bombers. The right to self-defence has been a topic of debate in Japan for decades, with some arguing for a complete removal of Article 9, while others seek to revise it to explicitly refer to the Self-Defense Forces (SDF).
In 2014, Japan's Cabinet adopted a resolution allowing the SDF to engage in collective self-defence, changing the long-standing interpretation that Article 9 prohibited the country from doing so. This resolution was part of a package of defence policy-related bills submitted by Prime Minister Shinzo Abe, who has indicated a desire to amend Article 9 to define the role of the SDF and resolve legal disputes over its activities.
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The ability to undertake military commitments overseas
Japan's 1947 constitution has been called the "pacifist constitution" because of its limitations on the government's ability to undertake military commitments overseas. Article 9 of the constitution explicitly states that "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". This article has been interpreted to allow Japan to possess weapons for self-defence, but not offensive weapons such as ICBMs or strategic bombers.
The constitution was drafted by a committee of Japanese scholars under the supervision of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers during the occupation of Japan following World War II. The formal draft constitution created by the Shidehara Cabinet was rejected by the GHQ, and the government reviewed the revised drafts by various political parties, adopting more liberal ways of thinking, especially towards the emperor and the dispossession of military power.
Since its promulgation in 1947, there have been several attempts to amend the constitution, particularly Article 9. In 2012, the LDP released a draft constitution that eliminated the portion of Article 9 disavowing "war potential" and changed the requirements for passing a proposal in the Diet before ratification in a national referendum. However, this draft was withdrawn. In 2017, Prime Minister Abe indicated that an amended Article 9 would likely define the role of the Self-Defense Forces (SDF) and specify the limits of its activity, including where and when it may be deployed.
The potential amendment of Article 9 has significant regional implications, especially for neighbouring countries like the Koreas and China. It also raises questions about the role of the SDF and the interpretation of Japan's "right to self-defence" as a sovereign nation. As the geopolitical situation evolves, the Japanese government may make moves towards altering the constitution to adapt to new security challenges and alliances.
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The role of the Self-Defence Forces (SDF)
The Japan Self-Defense Forces (JSDF) are the military forces of Japan, established in 1954. The JSDF is comprised of the Japan Ground Self-Defense Force (Army), the Japan Maritime Self-Defense Force (Navy), and the Japan Air Self-Defense Force (Air Force). The JSDF's self-defence system, Jieitaikakutōjutsu, was first adopted in 1959, based on bayonet and knife techniques used during Imperial Army times, with added hand-to-hand combat training. The system was refined in 2006-2007, with a new emphasis on throws, chokeholds, and aggressive knife defence training.
The JSDF is under the command of the Prime Minister as the commander-in-chief, with military authority running from the Prime Minister to the cabinet-level Minister of Defense of the Japanese Ministry of Defense. The Chief of the Ground Staff, based in Shinjuku, Tokyo, commands the JGSDF, the largest of the three service branches with 150,700 soldiers in 2023. The JGSDF is responsible for defending against ground invasions and threats to internal security, deploying across the nation, and protecting the bases of all three services of the Self-Defense Forces.
The Self-Defense Forces Law establishes the primary mission of the SDF as "defending our country against direct and indirect aggression for the purpose of preserving peace and the independence of our country, and to maintain national security and, when necessary, take charge of maintaining public order." The SDF is unique among military forces due to broad restrictions, including the absence of military law, meaning there is no court martial, and defendants are tried in civil courts with access to counsel and classified information. Conscription is prohibited, and all members are volunteers with no legal obligation to return to service in a national emergency.
Since the end of the Cold War, increased tensions with North Korea, China, and Russia have led to a shift in focus from the Soviet Union to China and a debate over the status of the SDF and their relationship to Japanese society. The SDF has also faced challenges in terms of recruitment, with widespread respect for their role not translating into eagerness to serve. The SDF has prioritized cooperation with other nations, including Australia, India, Taiwan, South Korea, Singapore, the UK, the US, and NATO.
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Frequently asked questions
The role of the Emperor in Japan is ceremonial and symbolic. The Emperor does not have powers related to the government and is not the nominal chief executive or commander-in-chief of the Japan Self-Defense Forces (JSDF). The Emperor's role is limited to matters of state outlined in the constitution and can be delegated as provided by law.
The Constitution of Japan establishes a parliamentary system with three branches of government: the legislative, executive, and judicial. It also includes a declaration of the principle of popular sovereignty, stating that "sovereign power resides with the people". This means that the government's authority is derived from the people and that the people have fundamental human rights that the government must respect.
Article 9 of the Japanese Constitution is a central feature of a dispute over Japan's ability to undertake multilateral military commitments overseas. It includes three key elements: a prohibition on the use of force, a prohibition on the maintenance of armed forces or "other war potential", and a denial of the rights of belligerency.
Article 9 has constrained Japan's foreign policy and prevented the country from using force or engaging in armed conflict since its promulgation. For example, during the Gulf War in 1991, Japan was limited to providing financial assistance instead of joining the US-led coalition due to Article 9's restrictions.
