Simone Lawson
Japan's constitution is a written document that was adopted on 3 November 1946 and came into effect on 3 May 1947. It was drafted by American officials during the occupation of Japan after World War II, under the supervision of US General Douglas MacArthur, the Supreme Commander for the Allied Powers. The constitution is based on principles of popular sovereignty, pacifism, and individual rights, and it outlines the role of the Emperor of Japan as the symbolic head of state. The document consists of a preamble and 103 articles grouped into 11 chapters, guaranteeing fundamental human rights and freedoms to the Japanese people.
| Characteristics | Values |
|---|---|
| Date of adoption | 3 November 1946 |
| Date of enforcement | 3 May 1947 |
| Author | Primarily American civilian officials, including U.S. General Douglas MacArthur and his staff |
| Reviewers and modifiers | Japanese scholars and the Japanese government |
| Previous constitution | Meiji Constitution of 1889 |
| Number of articles | 103 |
| Number of chapters | 11 |
| Basis | Popular sovereignty, pacifism and the renunciation of war, individual rights |
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What You'll Learn
The Meiji Constitution
Japan's current constitution was written in 1946 and adopted in 1947, while the country was under Allied occupation following World War II. It succeeded the Meiji Constitution of 1889, which was in force from 1890 until 1947.
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The role of the Emperor
The Emperor carries out most functions of a head of state, formally appointing the Prime Minister and Chief Justice of the Supreme Court, convoking the National Diet and dissolving the House of Representatives, and promulgating statutes and treaties. However, the Emperor acts under the advice and approval of the Cabinet or the Diet. The Emperor is also not the commander-in-chief of the Japan Self-Defense Forces, with the Japan Self-Defense Forces Act of 1954 vesting supreme command and control in the Prime Minister.
Historically, the role of the Emperor has alternated between a largely ceremonial symbolic role and that of an actual imperial ruler. Under the Meiji Constitution of 1889, the Emperor was the embodiment of all sovereign power in the realm. The Emperor had the power to sanction and promulgate laws, execute them, and exercise supreme command of the Army and the Navy. The Emperor was also the leader of the Imperial General Headquarters and had the power to declare war, make peace, and conclude treaties.
The current constitution, enacted in 1947, replaced the Meiji Constitution and relegated the role of the Emperor to a ceremonial head of state without political powers. The constitution was written primarily by American civilian officials during the occupation of Japan after World War II, under the supervision of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers.
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Influence of MacArthur
The Constitution of Japan, which serves as the country's supreme law, was primarily written by American civilian officials during the post-World War II occupation period. U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers, played a pivotal role in its creation.
MacArthur's influence on the Japanese Constitution is evident from the very beginning of the occupation. In a meeting with a high-ranking Japanese cabinet member in October 1945, a translation error resulted in the misunderstanding that MacArthur had requested a new constitution. This incident set in motion the process of drafting a new constitution, which MacArthur and his staff would ultimately oversee.
MacArthur's goals for the occupation of Japan included transforming the country from a militarist, feudal society to a pro-Western modern democracy. He sought to eradicate militarism and ultra-nationalism, and the influence of the old extended royal family class and nobility. MacArthur believed that retaining Emperor Hirohito as a constitutional monarch and figurehead would help maintain control and establish a peaceful occupation regime. This decision was controversial, as many, including the Allied countries and Japanese leftists, demanded that the emperor be indicted as a war criminal. However, MacArthur's reasoning was that removing the emperor would lead to a violent backlash and interfere with his primary goal of democratization.
MacArthur and his staff encouraged democratic elections, basic civil liberties (including steps toward equality for women), the unionization of labour, and land reform to eliminate the feudal system of land tenure. The new constitution, drafted by MacArthur's staff and reviewed and modified by a few Japanese scholars, reflected these goals. It conformed to the British model of parliamentary government, with sovereignty resting with the people rather than the emperor, who became a symbolic figure.
The influence of MacArthur on the Japanese Constitution extended beyond the political and social spheres. He also played a role in transforming Japan's economy into a free-market capitalist system by attempting to break up large Japanese business conglomerates, or zaibatsu. This economic reform was part of the "`reverse course'" that began in late 1947, as concerns about the spread of communism and an economic crisis in Japan shifted the focus of the occupation towards economic rehabilitation.
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Popular sovereignty
Japan does have a formal written constitution, which was adopted on 3 November 1946 and came into effect on 3 May 1947. The document was written primarily by American civilian officials during the US occupation of Japan after World War II, under the supervision of US General Douglas MacArthur, the Supreme Commander for the Allied Powers.
The Constitution of Japan is based on several key principles, including popular sovereignty, pacifism, and the protection of individual rights. Popular sovereignty is a fundamental concept in the Japanese Constitution, recognising that sovereignty rests with the people, rather than the Emperor as it did under the previous Meiji Constitution. This shift in sovereignty is a significant aspect of Japan's transition to a more democratic and liberal political system.
Under the current Constitution, the Emperor is recognised as "the symbol of the State and of the unity of the people", performing ceremonial functions typically associated with a head of state. These functions include formally appointing the Prime Minister and Chief Justice of the Supreme Court, convoking the National Diet, and dissolving the House of Representatives. However, the Emperor's role is purely symbolic and ceremonial, with no powers related to the government. The Emperor acts under the advice and approval of the Cabinet or the Diet, ensuring that the power ultimately resides with the people and their elected representatives.
The principle of popular sovereignty in the Japanese Constitution has had a significant impact on the country's political system and governance. It has empowered the people of Japan to have a direct say in their governance and has shaped the development of democratic institutions and practices. The Constitution guarantees fundamental human rights, which are seen as the fruits of the age-old struggle for freedom. These rights are conferred upon the current and future generations, reinforcing the idea that the government derives its authority from the people and is accountable to them.
While the Constitution was drafted by American authors, it was reviewed and modified by Japanese scholars before its adoption. This process involved discussions between MacArthur's staff and Japanese officials, as well as input from various political parties and civil constitutional study groups. Despite the foreign origins of the Constitution, it was influenced by the ideas of Japanese liberals and shaped by the unique cultural and historical context of Japan.
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Human rights
Japan has a formal written constitution, which was written primarily by American civilian officials during the occupation of Japan after World War II. It was adopted on 3 November 1946 and came into effect on 3 May 1947, replacing the Meiji Constitution of 1889. The constitution includes a preamble and 103 articles grouped into 11 chapters. It is based on the principles of popular sovereignty, pacifism and the renunciation of war, with the Emperor of Japan as the "symbol of the state and of the unity of the people".
The Japanese Constitution guarantees "fundamental human rights" to its people, which are considered the "fruits of the age-old struggle of man to be free". These rights include freedom of speech and press, the right to free and private access to counsel, and the right to not be compelled to testify against oneself. The Constitution also provides for the right of workers to associate freely in unions and includes provisions for women's suffrage and the separation of state powers.
Japan's system of exclusive press clubs has been criticised by press freedom groups, as they often provide major media outlets with exclusive access to news sources while barring foreign and freelance reporters. In 2008, the United Nations Human Rights Committee recommended that Japan clarify the concept of "public welfare" in Articles 12 and 13 of the Constitution to ensure that it cannot be used as a ground for arbitrary restrictions on human rights.
The Japanese government undertakes human rights promotion and protection work through two major parallel systems: the Human Rights Bureau under the Ministry of Justice and the Human Rights Volunteers. The Human Rights Bureau works alongside eight Human Rights Departments in major cities across the country. These organisations deal with "human rights infringements", defined as acts that are "against the law and the spirit of respecting human rights, which is the basic principle of the Constitution of Japan and the Universal Declaration of Human Rights".
According to the Ministry of Justice's 2022 statistics, the Human Rights organs received over 159,000 consultations on human rights violations and completed remedial measures for victims in over 7,600 cases. The largest number of cases related to discriminatory treatment were for discriminated Burakumin, a group that has historically faced discrimination in Japan despite a late 19th-century law banning such practices. Other issues identified by the Japanese government include those relating to children, the elderly, persons with disabilities, foreign nationals, and women, among others.
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Frequently asked questions
Yes, Japan has a formal written constitution. It was adopted on November 3, 1946, and came into effect on May 3, 1947.
The Japanese Constitution was primarily written by American civilian officials during the occupation of Japan after World War II. It was written under the supervision of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers. A committee of Japanese scholars reviewed and modified the draft before its adoption.
The Japanese Constitution is based on the principles of popular sovereignty, pacifism, and the protection of individual rights. It guarantees fundamental human rights to the people of Japan, including the right to life, liberty, and the pursuit of happiness. The Emperor is recognized as the "symbol of the State and of the unity of the people," but sovereignty rests with the people, and the Emperor's role is entirely ceremonial.
While there have been attempts to revise the Constitution, particularly by conservatives and nationalists seeking to make it more "Japanese", no amendments have been made to the document since its enactment.
