Isabella Carter
The Constitution of Japan, written primarily by American civilian officials during the occupation of Japan after World War II, is based on the principle of popular sovereignty, which grants sovereignty to the people and regards the Emperor as a symbol of the state and of the unity of the people. The Emperor's role in the system of constitutional monarchy is ceremonial, and he derives his position from the will of the people. The concept of popular sovereignty in Japan's constitution has been a topic of debate, with various political party drafts and proposals advocating for different interpretations of the principle. The implementation of popular sovereignty in Japan's constitution has been effective in addressing the problems of the people with minimal changes to the government structure.
| Characteristics | Values |
|---|---|
| Popular sovereignty | The sovereignty of Japan resides with the Japanese people. |
| Government structure | Little change in the structure of the government, which has effectively dealt with the problems of the people. |
| The Emperor | The Emperor is at the head of the state, deriving his position from the will of the people. |
| Succession | Dynastic succession of the Emperor. |
| Duties and powers | The Emperor's duties and powers are exercised in accordance with the Constitution and are responsive to the basic will of the people. |
| Imperial throne | The Imperial Throne is the symbol of the state and of the unity of the people. |
| Constitutional monarchy | Japan adopted a system of constitutional monarchy, with a hereditary emperor, modelled on the Prussian system. |
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What You'll Learn
The Emperor as a symbol of the state
The role of the emperor in Japan has changed significantly over the centuries. The current emperor, Naruhito, is a constitutional monarch whose role is largely ceremonial and symbolic. He is the internationally recognized head of state, but does not hold any political power.
The constitution of Japan explicitly refers to the emperor as "the symbol of the state "and of the unity of the people". This symbolic role has been interpreted in two ways. Firstly, it serves to uphold the continuity and stability of Japanese democracy. Secondly, it fosters a shared national identity and cultural heritage that transcends party politics. The emperor's symbolic role is also important in the conduct of state business. He has the right to be consulted before acting on ministerial advice, the right to encourage a given policy or administrative action, and the right to warn the Cabinet against a given policy or action.
The emperor's position as a symbol of the state is further emphasized by the fact that he is barred from making political statements to maintain his institutional neutrality. This was demonstrated when the emperor did not have the authority to make a statement regarding the 2020 Tokyo Olympics and Paralympics during the COVID-19 pandemic. Instead, the grand steward of the Imperial Household Agency made an announcement hinting at the emperor's concerns.
The emperor's symbolic role has evolved over time. In the Meiji Constitution of 1889, the emperor was presented as an imperial ruler whose sovereignty was based on and wielded in accordance with the constitution. However, after World War II, the GHQ stressed the democratization of the emperor system, leading to the emperor's position as a "symbol of the State" in the postwar Constitution of Japan.
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Popular sovereignty and the Emperor system
During the Meiji period, Japanese leaders adopted a system of imperial government modelled on European constitutional monarchies, particularly the Prussian model. This established a constitutional monarchy headed by a hereditary emperor. The transition to the Taishō period brought increasing influence from Western liberal ideas, creating tensions between the growing interest in liberal political thinking and the established constitutional monarchy.
Political parties gained influence during this time, and powerful new political leaders emerged from their ranks, fostering greater political discussions. Yoshino Sakuzō's "On the Meaning of Constitutional Government" (1916) attempted to reconcile Western ideas of representative government with Japan's situation, addressing the tension between popular sovereignty and the sovereignty of the emperor. Draft proposals by political and citizens' groups called for popular sovereignty and the elimination or change of the Emperor System. The Communist Party's drafts aimed for a People's Republic with popular sovereignty and the abolishment of the Emperor, while the Socialist Party's draft preserved the Emperor System by splitting power between the Emperor and the state.
Despite these proposals, the final constitution maintained the Emperor's position with only minor changes. The Japanese government's "March 2 Draft" constitution did not include a preamble, and its use of the phrase "supreme will of the people" made the principle of sovereignty ambiguous. Ultimately, the Japanese constitution, as a manifestation of popular sovereignty, has been effective in addressing the problems of the people with minimal structural changes.
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The role of the Steering Committee
The Steering Committee played a pivotal role in shaping the understanding of popular sovereignty in Japan's constitution. The committee was tasked with navigating the complex relationship between the sovereignty of the people and the role of the Emperor.
In the "GHQ Draft Proposals," Article 1 asserted that sovereignty over Japan resided with its people. The committee recognised the importance of this principle and ensured it was retained in the final draft. However, they decided that stating this principle in the preamble was sufficient, and thus, Article 1 was removed.
The Steering Committee also addressed the language of Article 2, which originally stated that "The Japanese Nation shall be reigned over by a line of Emperors." As the term "reign" can be associated with "govern" in Japanese, the committee deleted the first clause. The second clause, emphasising the Emperor's symbolic role, was amended to become Article 1 of the "GHQ Draft." This modification clarified that the Emperor symbolised the state and the unity of the people, deriving his position from the sovereign will of the Japanese populace.
The Steering Committee's decisions reflected a delicate balance between popular sovereignty and the Emperor system. While they acknowledged the significance of popular sovereignty, they also maintained the Emperor's position, preserving the unique constitutional monarchy of Japan.
The committee's work was influenced by the political context of the Meiji and Taishō periods. The Meiji Constitution of 1889 established a constitutional monarchy led by a hereditary emperor. However, as Western liberal ideas gained influence, tensions arose between this established framework and emerging concepts of popular sovereignty. Thinkers like Yoshino Sakuzō grappled with reconciling these conflicting ideologies, shaping the Steering Committee's approach to drafting a constitution that balanced popular sovereignty with the Emperor's symbolic role.
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The influence of Western liberal ideas
The Meiji Constitution of Japan, which was promulgated in 1889, was influenced by Western liberal ideas. This was a period of rapid modernisation and nation-building for Japan, and political parties began to emerge, calling for a government that was more responsive to the needs of the people. These parties, both liberal and conservative, advocated for greater representation and the extension of suffrage.
Western ideas of representative government and popular sovereignty influenced Japanese intellectuals and political thinkers during this time. Yoshino Sakuzō, for example, attempted to reconcile the tension between the sovereignty of the people and the sovereignty of the emperor in his work "On the Meaning of Constitutional Government" (1916). He introduced the concept of "minpon shugi", which translates roughly as "people-as-the-base-ism". This concept acknowledged the government's role in working for the benefit of the people, even if the people had little direct influence on governance.
Fukuzawa, another Japanese intellectual, played a significant role in explaining Western ideas to the Japanese people. The emergence of new political parties and radical groups influenced by global movements such as socialism, Marxism, and anarchism further reflected the impact of Western liberal ideals.
However, it is important to note that Japan's path towards constitutionalism and popular sovereignty was unique and did not fully emulate Western models. For example, the 1890s saw parties in the Diet challenging the rule by Oligarchs, and the Meiji Constitution itself balanced the sovereignty of the people with the position of the emperor.
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The impact of the Meiji Constitution
The Meiji Constitution, enacted in 1889, was the constitution of the Empire of Japan. It remained in force from 1890 until 1947. The Meiji Constitution was a result of the Meiji Restoration in 1868, which restored direct political power to the emperor and marked a period of sweeping political and social reform and westernization. The constitution aimed to define Japan as a modern nation deserving of Western respect while preserving the emperor's power.
The Meiji Constitution provided for a mixed constitutional and absolute monarchy, with the emperor as the head of state and the prime minister as the actual head of government. The emperor governed with the advice of his ministers and had supreme control of the army and navy. The constitution established an independent judiciary and allowed for civil rights and civil liberties, although these were subject to limitation by law. Free speech, freedom of association, and freedom of religion were restricted.
The Meiji Constitution had a significant impact on the political system of Japan. It established the first parliamentary government in Asia, with a bicameral parliament (the Diet) and an elected lower house. However, the franchise was limited, with only about 5% of the adult male population eligible to vote initially. Universal male suffrage was eventually achieved in the 1920s.
The Meiji Constitution also had an impact on foreign policy and diplomacy, with the emperor sharing power with the elected Imperial Diet. The constitution established clear limits on the power of the executive branch, and the emperor's role in law-making was defined. The emperor had the power to convoke the Imperial Diet, open and close it, dissolve the House of Representatives, and issue Imperial Ordinances in cases of urgent necessity.
The Meiji Constitution was replaced by the "Postwar Constitution" during the Allied occupation of Japan after World War II. This new constitution replaced imperial rule with a Western-style liberal democracy, stating that "sovereign power resides with the people".
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Frequently asked questions
Popular sovereignty refers to the idea that sovereignty over Japan resides with the Japanese people.
During the Meiji period, Japanese leaders adopted a system of imperial government modelled on European constitutional monarchies. However, as Japan transitioned to the Taishō period, government and politics were increasingly influenced by Western liberal ideas, creating tensions between the concepts of popular sovereignty and the sovereignty of the emperor.
The "GHQ Draft Proposals" stated in Article 1 that "sovereignty over Japan shall reside with the Japanese People". However, the Steering Committee decided that this was sufficient and struck out Article 1. Instead, the Preamble was amended to include "proclaim that sovereign power resides with the people", and Article 1, relating to the Emperor, was amended to emphasise that his position is derived "from the will of the people with whom resides sovereign power".
While popular sovereignty asserts that sovereignty rests with the people, the Emperor is recognised as the symbolic head of state, with his position and powers derived from the "sovereign will of the people". The Emperor's role is to embody the unity of the people and the state, while his duties and powers are exercised in accordance with the Constitution and the basic will of the people.
Popular sovereignty has been a guiding principle in Japan's constitutional culture, influencing the government's decision-making process and commitment to fundamental human rights. Japan's government, as a manifestation of popular sovereignty, has effectively addressed the problems of the people with minimal structural changes.
