Jonah Patel
Japan's constitution has never been amended, making it the world's oldest unamended constitution. However, there have been several attempts to amend it, most notably by former Prime Minister Shinzo Abe, who sought to revise Article 9, which prohibits Japan from waging war and maintaining armed forces. Abe's efforts gained traction in the 2010s, but he was unable to finalize the amendment process before leaving office in 2020. While some view Article 9 as a foreign imposition, others argue that it reflects Japan's commitment to peace in the aftermath of World War II.
| Characteristics | Values |
|---|---|
| Number of times Japan has amended its constitution | 0 |
| Number of times Japan has attempted to amend its constitution | At least 6 attempts |
| Number of constitutional amendment drafts released by the LDP | 2 |
| Article that would be amended in the constitution | Article 9 |
| Year of the first attempt to amend the constitution | 1954 |
| Year of the most recent attempt to amend the constitution | 2019 |
| Prime Minister during the most recent attempt to amend the constitution | Shinzo Abe |
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What You'll Learn
Japan's constitution has never been amended
Despite this, there have been numerous attempts to amend Japan's constitution. The most famous of these is the outline of the draft constitution by the Constitution Study Group, established on 29 October 1945 to study and prepare for the establishment of the Constitution from a leftist approach. The Constitutional Study Group submitted a draft to the Prime Minister's Office on 26 December 1945, and on 2 January 1946, the GHQ issued a statement that it would focus on the content.
In recent years, the Liberal Democratic Party (LDP) has committed itself to constitutional revision, releasing two versions of amendment drafts, one in 2005 and another in 2012. In 2015, then-Prime Minister Shinzo Abe and the ruling LDP promoted and passed legislation allowing the Japanese military to participate in foreign conflicts, a significant shift in Japanese foreign and defense policy. Abe also attempted to revise Article 9 of the Constitution, which prohibits Japan from waging war to settle international disputes and maintaining armed forces with war potential. However, Abe's attempts were unsuccessful due to his leaving office and subsequent assassination.
Despite the efforts of conservative and nationalist forces to revise the constitution, particularly Article 9, it remains the world's oldest unamended constitution. Scholars believe that the basic principles of popular sovereignty, pacifism, and respect for human rights enshrined in the document are unamendable. The preamble of the constitution declares democracy to be the "universal principle of mankind," and Article 97 proclaims the fundamental rights guaranteed by the Constitution to be "for all time inviolable."
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Article 9 and Japan's right to wage war
Article 9 of the Japanese Constitution, also known as the "Renunciation of War", is a clause that effectively outlaws war as a means to settle international disputes involving the state. The article was written into the postwar constitution by American officials during the occupation of Japan following World War II. It came into effect on May 3, 1947, and the occupation ended on April 28, 1952.
Article 9 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 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."
This article has been a source of contention for conservative and nationalist forces in Japan, who view it as an imposition by foreign powers that infringes on Japan's sovereignty. Despite efforts to revise it, Article 9 remains unamended, making it the oldest unaltered clause in any national constitution.
The Japanese Self-Defense Forces (JSDF)
One of the main points of debate surrounding Article 9 is the maintenance of the Japan Self-Defense Forces (JSDF). The JSDF is a de facto military force that was established in 1954. While some interpret Article 9 as allowing purely defensive military forces, others argue that any military force, regardless of its purpose, violates the spirit of the Constitution. The Supreme Court of Japan has reinforced the constitutionality of armed self-defense, but lower courts have found the JSDF unconstitutional. This discrepancy has led to ongoing debates about the interpretation of Article 9 and the role of the JSDF.
Attempts at Constitutional Reform
There have been several attempts to amend the Japanese Constitution, particularly by conservative and nationalist groups. In 2005, then-Prime Minister Junichirō Koizumi proposed increasing the role of Japan's Defence Forces in international affairs. More recently, former Prime Minister Shinzo Abe also attempted to revise Article 9 to allow for the right of "collective self-defense" and to enable Japan to engage in military action under certain conditions. However, these attempts have been met with strong opposition from progressive, left-wing, and peace-oriented groups, who advocate for maintaining or strengthening the existing Constitution's commitment to pacifism and the rejection of war as a means of settling disputes.
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The Meiji Constitution and Emperor's power
The Meiji Constitution, enacted in 1889, was the constitution of the Empire of Japan. It was influenced by the German and British models and provided for a mixed constitutional and absolute monarchy. The emperor was the head of state and was vested with supreme political power, including the power to make decisions on war and peace, and command of the army and navy. The constitution also established a new representative assembly, the National Diet of Japan, which had some power to limit or restrict the power of the emperor.
The Meiji Constitution was drafted in secret by a committee that included Japanese and foreign advisors. The central issue was the balance between sovereignty vested in the emperor and the powers of an elected representative legislature. The final version was submitted to Emperor Meiji in April 1888 and promulgated by him on February 11, 1889—the anniversary of the National Foundation Day of Japan in 660 BC. The Meiji Constitution came into effect on November 29, 1890, and remained in force until May 2, 1947.
Under the Meiji Constitution, the emperor of Japan was the head of state and was vested with the rights of sovereignty. The emperor exercised legislative power with the consent of the Imperial Diet, gave sanction to laws, and convoked, opened, closed, and dissolved the House of Representatives. The emperor also had the power to issue Imperial Ordinances in place of laws when the Imperial Diet was not sitting, in cases of urgent necessity to maintain public safety or avert public calamities. Additionally, the emperor had supreme command of the Army and Navy and the power to declare war, make peace, and conclude treaties.
While the Meiji Constitution vested considerable power in the emperor, it also provided for some democratic elements. For example, the constitution established the National Diet, a representative assembly that had some power to limit or restrict the power of the emperor. Additionally, the Meiji Constitution gave citizens many freedoms and helped to support a new era of party politics. However, with the rise of militarism in the 1930s, antidemocratic interpretations of the document became mainstream, and there was a push to revise the constitution to make it more democratic.
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SCAP and the Potsdam Declaration
On July 26, 1945, American President Harry S. Truman, British Prime Minister Winston Churchill, and Chiang Kai-shek, the leader of the Chinese Nationalist government, issued the Potsdam Declaration, which outlined the surrender terms for Japan. The Potsdam Declaration called for the “unconditional surrender of all Japanese armed forces” and included Japan's disarmament, demilitarization, democratization, and eventual return to the international community. It also limited Japanese sovereignty to the islands of Honshu, Hokkaido, Kyushu, Shikoku, and a few other minor islands determined by the Allies.
Following the dropping of atomic bombs on Hiroshima and Nagasaki, Japan's Emperor Hirohito met with his cabinet on the night of August 9 and decided to accept the terms of the Potsdam Declaration. This decision led to Japan's unconditional surrender, which was announced on August 14, 1945, bringing an end to World War II.
The Supreme Commander for the Allied Powers (SCAP) played a significant role in the post-war occupation of Japan. SCAP issued directives to Japan, including instructing them to cease exerting political and administrative power over certain areas, such as Takeshima, and restricting their fishing and whaling activities through the establishment of the "MacArthur Line." SCAP also set the areas where Japan's military courts could operate and directed changes in the role of the emperor, placing "the authority of the Emperor and the Japanese Government" under SCAP's control.
The San Francisco Peace Treaty, which came into effect on April 28, 1952, nullified the directive for Japan to cease its political and administrative power in the specified areas. Despite this, issues regarding the sovereignty of certain islands, such as Takeshima, remained disputed, with claims made by both Japan and other countries like the ROK.
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Public opinion on constitutional reform
From 1955 to 1968, the Japanese government conducted regular polling to gauge public opinion on their new constitution. These early polls revealed a transition from upheaval and political contest to a period of "double-income" growth, which laid the foundations for modern Japan. More recently, public polling on constitutional reform has been conducted primarily by major media outlets and newspapers.
In 2016, public opinion on constitutional revision was mixed, with liberal and conservative newspapers presenting different framings of the issue. However, respondents to these surveys shared mixed feelings about revising the constitution. The same year, a series of blog posts by Masatoshi Asaoka and Ayumi Teraoka explored Japanese public opinion on constitutional revision. They noted that while politicians were more likely to debate constitutional revision, it would ultimately be the Japanese people who would determine the future of their country.
One of the most controversial issues in constitutional reform is proposed changes to Article 9, known as the "peace article," which prohibits Japan from waging war and maintaining a military. Progressive, left-leaning, centre-left, and peace movement-related individuals and organizations advocate keeping or strengthening this aspect of the constitution. In contrast, right-leaning, nationalist, and conservative groups seek to revise Article 9 to allow a more aggressive stance for the Self-Defense Forces (SDF) and enable Japan to have an official military.
Another area of contention is the role of the Emperor. While the 1946 constitution reduced the Emperor's role to a ceremonial position, some nationalist and conservative groups advocate for changes that would increase the Emperor's prestige, without granting political powers. Additionally, there are discussions on potential revisions related to the status of women, the education system, the system of public corporations, and structural reform of the election process.
Despite the varying opinions on specific aspects of constitutional reform, there is a general agreement that a national conversation on this topic is necessary. However, there is no clear consensus on whether and what to revise. The Japanese public remains cautious, especially regarding changes to fundamental principles such as pacifism, popular sovereignty, and respect for human rights, which are widely considered unamendable.
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Frequently asked questions
Japan has never amended its constitution, making it the world's oldest unamended constitution.
Amendments to the constitution require a two-thirds majority vote in both houses of the National Diet and a simple majority in a referendum.
Yes, there have been several attempts to amend Japan's constitution. Most recently, in 2015, then-prime minister Shinzo Abe and the ruling LDP passed legislation to allow the JSDF to participate in foreign conflicts.
Article 9 of the Japanese Constitution renounces Japan's right to wage war and maintain a military force. It is significant because it represents Japan's commitment to pacifism and has been a source of friction between Japan and the US.
Those arguing for revision claim that the constitution is outdated and does not reflect the challenges Japan faces in the 21st century. Those against revision value the constitution's commitment to pacifism and popular sovereignty, believing that basic principles such as these are unamendable.
