Jonah Patel
Japan's constitution, also known as the MacArthur Constitution, has gained fame as the pacifist constitution due to its vow to renounce war as a sovereign right of the nation. The constitution was drafted in 1947 by the Political Section of the Supreme Command Allied Powers (SCAP) in dialogue with Japanese constitutional scholars. The result was a constitution similar to a US version, guaranteeing a full range of rights found in the US Constitution, including freedom of speech, freedom of assembly, and freedom of association. The Japanese constitution also includes additional rights such as a proscripton on sex-based discrimination by the state, guarantees of academic freedom, collective bargaining rights, and privacy for means of communication.
| Characteristics | Values |
|---|---|
| Renunciation of war as a sovereign right | 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 |
| Separation of 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) as the highest bodies of power |
| Individual rights | The constitution guarantees individual rights, including legal equality, freedom of assembly, association, and speech, due process, and fair trial |
| Equality before the law | The constitution guarantees equality before the law and outlaws discrimination against Japanese citizens based on "political, economic, or social relations" or "race, creed, sex, social status, or family origin" |
| Limited role of the Emperor | The Emperor's role is entirely ceremonial, and he is not the nominal chief executive or commander-in-chief of the Japan Self-Defense Forces (JSDF) |
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What You'll Learn
The 'no-war' provision
Article 9 of the Japanese Constitution, also known as the "no-war provision", is a key element that reflects influences from the US Constitution. This article, comprising three distinct elements, was added to the Japanese Constitution in 1947 during the post-World War II occupation period. It reflects a pacifist stance and a desire for international peace.
The first element of Article 9 prohibits the use of force, effectively constraining Japanese foreign policy. As a result, Japan has not engaged in armed conflict since the Constitution's promulgation. For instance, during the 1991 Gulf War, Japan was restricted to providing financial assistance to the US-led coalition due to this provision.
The second element of Article 9 prohibits Japan from maintaining land, sea, or air forces, or "other war potential." This has been a highly controversial aspect, with some arguing that it has been less effective in shaping policy. The creation of the Japan Self-Defense Forces (JSDF) has prompted debates about the constitutionality of Japan's military, with some Japanese citizens advocating for true pacifism and claiming that the JSDF violates the Constitution.
The third element of Article 9 entails a denial of the rights of belligerency, further emphasizing Japan's commitment to peaceful means of resolving international disputes.
Article 9 has been a subject of ongoing debate and interpretation by successive administrations, especially in light of changing security dynamics in East Asia. There have been calls for its amendment or removal, particularly by Prime Minister Shinzo Abe, who viewed it as a hindrance in addressing escalating tensions with North Korea and China. However, opinion polls have shown strong public support for retaining this provision, reflecting a continued commitment to pacifism in Japan.
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Influence of John Locke's thought
John Locke was a 17th-century English philosopher whose political theory significantly influenced the US Constitution. Locke's ideas about natural law, individual rights, and the role of government informed the thinking of the US Constitution's framers.
Locke's most famous works include "An Essay Concerning Human Understanding" (1689) and "Two Treatises of Government" (1690). In these works, he developed his theory of ideas, the origins of human knowledge, and a defence of natural individual rights and freedoms. Locke argued that all persons are endowed with natural rights, and that government exists to protect these rights and preserve public order. This is reflected in the US Constitution's protection of individual rights, including the right to life, liberty, and property.
Locke's influence can also be seen in the US Constitution's establishment of a separation of powers. Locke advocated for a separation of executive, legislative, and judicial powers, which is a key feature of the US system of government. Additionally, Locke's commitment to a natural moral law that underpins human conduct influenced the US Constitution's prohibition on the deprivation of life, liberty, or property without due process of law.
Furthermore, Locke's ideas about property rights and their relation to human freedom also had a significant impact. The US Constitution's protection of private property and its requirement for just compensation when property is taken for public use reflects Locke's thinking. The North Carolina Constitution, in particular, demonstrates Locke's influence, with its protection of property rights and its provision for the General Assembly to choose state executive and judicial officers.
Locke's influence on the US Constitution extended beyond specific provisions and shaped the very foundations of the American political system. His philosophy contributed to the development of modern philosophical empiricism, political liberalism, and the European Enlightenment. Locke's belief in the importance of consent of the governed and the rejection of the divine right of kings helped shape the American understanding of political authority and the role of government.
In summary, John Locke's thought had a profound and lasting impact on the US Constitution. His ideas about natural law, individual rights, property rights, and the separation of powers informed the framers' thinking and continue to shape American political thought and legal principles.
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Separation of powers
The Japanese Constitution, written by American civilian officials during the occupation of Japan after World War II, outlines a parliamentary system with three branches of government, mirroring the separation of powers in the US Constitution.
The three branches of the Japanese government are the National Diet (legislative), the Cabinet led by a Prime Minister (executive), and the Supreme Court (judicial). The constitution grants the whole judicial power to the Supreme Court and such inferior courts as are established by law. The Supreme Court is also vested with rule-making power, which includes determining rules of procedure and practice, as well as matters relating to attorneys, internal court discipline, and the administration of judicial affairs.
In contrast to the Meiji Constitution, which granted the emperor supreme political power, the new constitution reduced the emperor's role to a purely ceremonial one, with no powers related to government. The constitution explicitly states that the emperor is the symbol of the State and of the unity of the People, deriving his position from the will of the people, in whom resides sovereign power.
The constitution guarantees individual rights, including legal equality, freedom of assembly, association, and speech, due process, and the right to a fair trial. It also includes a renunciation of war and the use of force in international disputes, reflecting Japan's commitment to pacifism.
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Individual rights and equality
The Japanese Constitution, also known as the "MacArthur Constitution" or "Peace Constitution", guarantees individual rights and equality. Article 13 of the constitution asserts the right of Japanese citizens to "be respected as individuals" and to have life, liberty, and the pursuit of happiness, subject to "the public welfare". This article's core concept is jinkaku, which represents the unique aspects of each person's character, personality, and life that the government is obligated to respect when exercising its power.
Article 13 has been used as the basis for establishing constitutional rights to privacy, self-determination, and control of one's image, even though these rights are not explicitly mentioned in the constitution. Additionally, the constitution guarantees equality before the law and prohibits discrimination based on "political, economic, or social relations", as well as race, creed, sex, social status, or family origin.
The Japanese Constitution's guarantees of individual rights and equality reflect American influences. The 1947 Constitution, drafted by the Political Section of the Supreme Command Allied Powers (SCAP) in consultation with Japanese constitutional scholars, reframed rights guarantees using American terminology. For example, the concept of "rights and duties" was replaced with "eternal and inviolate rights" that could not be abridged unless they interfered with public welfare. The phrase "life, liberty, and the pursuit of happiness" in Article 13 also reflects the American roots of the document.
The Japanese Constitution goes beyond the US Constitution by including additional rights, such as the prohibition of sex-based discrimination by the state, guarantees of academic freedom, collective bargaining rights, and privacy for means of communication. These rights are guaranteed in the Japanese Constitution, even though they may not be explicitly stated in the same way as in the US Constitution.
The Japanese Constitution's emphasis on individual rights and equality has had a significant impact on Japan's post-war society and government. It has contributed to a shift in the power balance between the state and society, with a greater focus on public decision-making and the protection of individual liberties.
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Influence of Kellogg-Briand Pact
The Kellogg-Briand Pact was an international agreement signed on 27 August 1928, which sought to prevent another world war by outlawing war as a means to resolve disputes and conflicts between nations. The pact was initially signed by France, Germany, and the United States, and soon by several other nations, including Japan. While the pact did not effectively prevent wars, it helped to erase the legal distinction between war and peace, as signatory nations began to wage wars without formally declaring them, as in the Japanese invasion of Manchuria in 1931.
Following World War II, the abolition of war as a means to settle disputes became a critical principle to be included in Japan's new constitution. General Douglas MacArthur, the Supreme Commander of the Allied Powers, played a significant role in Japan's constitutional reform process. MacArthur drew inspiration from the Kellogg-Briand Pact's idea of a world without war and stipulated that Japan would abolish war as a sovereign right. This meant that Japan would not only renounce war as a means to settle disputes and preserve security but also relinquish its right to maintain a military force.
Article 9 of Japan's constitution, adopted in 1947, reflects the influence of the Kellogg-Briand Pact. It renounces Japan's right to wage war and maintain military forces. This article has been a source of ongoing controversy and debate in Japan, with conservative and nationalist forces attempting to revise it. However, despite these efforts, Article 9 remains unchanged, making Japan's constitution the world's oldest unamended constitution.
The influence of the Kellogg-Briand Pact on Japan's constitution is significant, as it contributed to the inclusion of a strong anti-war provision, promoting pacifism and the renunciation of war as a means of resolving international conflicts. This provision has had lasting implications for Japan's foreign policy and self-defence capabilities, shaping the country's approach to international relations in the post-World War II era.
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Frequently asked questions
Both constitutions guarantee individual rights, including legal equality, freedom of assembly, association, and speech, due process, and fair trial. They also share the notion of "life, liberty, and the pursuit of happiness".
The US influenced the creation of the Japanese Constitution after World War II. General MacArthur of the GHQ instructed Fumimaro Konoe that the Constitution must be amended to fully incorporate liberal elements. The Political Section of the Supreme Command Allied Powers (SCAP), comprised of mostly liberal New Deal reformers, produced a constitution similar to a US version edited by the American Civil Liberties Union.
The Japanese Constitution is relatively short at 5,000 signs, less than a quarter of the length of the average national constitution. It is also unique in that it is written in modern colloquial Japanese instead of Classical Japanese.
Article 9 of the Japanese Constitution, also known as the "no-war provision", is a vow to "renounce war as a sovereign right of the nation". It states that land, sea, and air forces, as well as other war potential, will never be maintained, and that the right of belligerency of the state will not be recognized. This article has been the subject of debate and interpretation by successive administrations, especially in light of changing security environments in East Asia.
