Simone Lawson
The Constitution of Japan, also known as the MacArthur Constitution, is a written document stored at the National Archives of Japan. It was drafted by US authors under the supervision of General Douglas MacArthur, the Supreme Commander for the Allied Powers, following Japan's surrender in 1945. The document was reviewed and modified by Japanese scholars before its adoption and includes provisions for a parliamentary system, three branches of government, and the renunciation of war. The Japanese version is written in modern colloquial Japanese, with the English drafts sometimes consulted to resolve ambiguities.
| Characteristics | Values |
|---|---|
| Written or unwritten | Written |
| Length | 5,000 signs |
| Language | Modern colloquial Japanese |
| Authors | American authors, including Milo Rowell and Courtney Whitney |
| Reviewers and modifiers | Japanese scholars |
| Date of draft | 13 February 1946 |
| Date of adoption | 1947 |
| Contents | The constitution 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). It also includes the symbolic role of the Emperor, the prominence of guarantees of civil and human rights, and the renunciation of war. |
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What You'll Learn
The Japanese Constitution is a written document
The Japanese Constitution is a relatively concise document, with 5,000 signs, significantly shorter than the average national constitution. Notably, it is written in modern colloquial Japanese instead of Classical Japanese, making it more accessible to the general public. The document outlines a parliamentary system of government with three branches: the National Diet (legislative), the Cabinet led by a Prime Minister (executive), and the Supreme Court (judicial).
The constitution's most distinctive features include the symbolic role of the Emperor, the prominence of guarantees of civil and human rights, and the renunciation of war. It asserts that "land, sea, and air forces, as well as other war potential, will never be maintained", reflecting Japan's commitment to international peace. This aspect of the constitution has been the subject of debate, with Prime Minister Abe proposing to alter it in 2017.
The process of drafting the Japanese Constitution was influenced by Japanese liberals, resulting in a document that conformed to the British model of parliamentary government. The original book is stored at the National Archives of Japan, bearing the signature and stamp of Emperor Hirohito, who wrote a cover letter to approve the new Constitution.
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It was drafted by US authors and reviewed by Japanese scholars
The Japanese Constitution is a written document, and the original is stored at the National Archives of Japan. It was drafted in 1946 by US authors under the supervision of US General Douglas MacArthur, the Supreme Commander for the Allied Powers. MacArthur directed Prime Minister Kijūrō Shidehara to form a committee of Japanese scholars to draft a new constitution. However, he later reversed this decision and presented his own draft, which was then reviewed and modified by the Japanese scholars before its adoption. This is why it is sometimes referred to as the "MacArthur Constitution".
The US authors who worked on the draft included two senior army officers with law degrees: Milo Rowell and Courtney Whitney. MacArthur gave them less than a week to complete it, and the draft was then presented to Japanese officials on 13 February 1946. The Japanese version includes some awkward phrasing, and scholars sometimes refer to the English draft to clarify ambiguities.
The Japanese scholars who reviewed and modified the US draft included members of Shidehara's committee. They insisted on some key changes, including allowing a bicameral legislature, with both houses being elected, rather than the unicameral legislature proposed by MacArthur. The constitution's most distinctive features, such as the symbolic role of the Emperor, the prominence of guarantees of civil and human rights, and the renunciation of war, were included in the Japanese government's draft proposal of 6 March.
The new constitution was promoted to the Japanese populace by a government organisation called the Kenpō Fukyū Kai ("Constitution Popularisation Society"). The document's foreign origins have been a source of controversy since Japan recovered its sovereignty in 1952. However, it is important to note that MacArthur's draft was influenced by the ideas of certain Japanese liberals, and it conformed to the British model of parliamentary government rather than imposing a United States-style system.
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The constitution provides for a parliamentary system
Japan's constitution is a written document, with the original copy stored at the National Archives of Japan. It was drafted by American authors, including two senior army officers with law degrees, Milo Rowell and Courtney Whitney, and modified by a few Japanese scholars. It was reviewed by Prime Minister Kantarō Suzuki's administration and Emperor Hirohito, who signed off on it.
The Japanese constitution is relatively short, containing 5,000 signs, which is less than a quarter of the length of the average national constitution. It is written in modern colloquial Japanese, a departure from previous legal documents, which were written in Classical Japanese. The use of modern Japanese contributes to some awkward phrasing, and scholars sometimes refer to the English drafts for clarification.
The constitution includes provisions for civil and human rights, such as freedom of speech, religion, and thought. It also includes a symbolic role for the Emperor and a renunciation of war, stating that land, sea, and air forces will not be maintained. This renunciation of war is considered a distinctive feature of the constitution. It has also shaped Japan's post-war mindset and character, passed on from one generation to the next through education.
The constitution has been subject to reinterpretation and proposals for amendment over time. For example, in 2017, Prime Minister Abe proposed altering Article 9, which renounces the nation's right to wage war and maintain armed forces. This proposal sparked debate, as Article 9 has been seen as limiting pressures for Japan to engage in military action, despite violations in practice.
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It includes guarantees of civil and human rights
The Japanese Constitution is a written constitution, drafted by American authors and reviewed and modified by Japanese scholars. It was created in 1945 when Japan surrendered at the end of World War II and the country was occupied by U.S. forces. General Douglas MacArthur, the Supreme Commander for the Allied Powers, directed Prime Minister Kijūrō Shidehara to draft a new constitution.
The Japanese Constitution includes guarantees of civil and human rights. It provides for freedom of speech, freedom of the press, freedom of religion, and freedom of thought. It also establishes respect for fundamental human rights and the right of workers to associate freely in unions. The Constitution is considered the supreme law of Japan, superseding the International Covenant on Civil and Political Rights in domestic effects.
While the Constitution refers to public welfare as a ground to restrict human rights, it has been interpreted as covering the same range of human rights as the Covenant. The Constitution states that the freedoms and rights guaranteed to the people shall be maintained by the people's constant endeavour to refrain from any abuse of these freedoms and to utilise them for the public welfare. It also stipulates that all people shall be respected as individuals, and their rights to life, liberty, and the pursuit of happiness shall be the supreme consideration in legislation and governmental affairs.
In practice, the Japanese government generally respects prohibitions on arbitrary interference with privacy, family, home, or correspondence, as established by case law on the interpretation of Article 13 of the Constitution. However, there have been instances where human rights groups have faced limited access to detention facilities, and the country's system of exclusive press clubs has been criticised by press freedom groups.
Japan's human rights performance has been ranked in the middle among G7 countries, with the Ministry of Justice receiving a high number of consultations on human rights violations and taking remedial measures.
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The constitution is signed by Emperor Hirohito
The Constitution of Japan is a written constitution. It was drafted by US officials, namely senior army officers with law degrees, Milo Rowell and Courtney Whitney, under the supervision of General Douglas MacArthur, the Supreme Commander for the Allied Powers. The document was then reviewed and modified by a committee of Japanese scholars before its adoption.
The Constitution of Japan is signed by Emperor Hirohito. The document starts with an imperial edict made by the Emperor, containing his Privy Seal and signature. It is then countersigned by the Prime Minister and other Ministers of State. In the edict, Emperor Hirohito states:
> I rejoice that the foundation for the construction of a new Japan has been laid according to the will of the Japanese people, and hereby sanction and promulgate the amendments of the Imperial Japanese Constitution effected following the consultation with the Privy Council and the decision of the Imperial Diet made in accordance with Article 73 of the said Constitution.
Emperor Hirohito's signature on the constitution is significant given the context of Japan's surrender at the end of World War II in 1945. Following the surrender, there were demands from Allied countries and Japanese leftists for Hirohito to be indicted as a war criminal. However, MacArthur believed that retaining Hirohito as a constitutional monarch but only as a figurehead would help establish a peaceful allied occupation regime in Japan. MacArthur considered Hirohito to be a symbol of continuity and cohesion for the Japanese people.
Under the new constitution, Emperor Hirohito's role was redefined in 1947 as "the symbol of the State and of the unity of the people", with only ceremonial and representative functions and no nominal governmental powers. This was a significant shift from the Meiji Constitution, which invested the emperor with supreme political power.
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Frequently asked questions
The Japanese Constitution is written. The original book is stored at the National Archives of Japan and includes the signature and stamp of Emperor Hirohito, who wrote a cover letter to approve the new Constitution.
The Japanese Constitution was mostly drafted by American authors, including two senior army officers with law degrees: Milo Rowell and Courtney Whitney. However, a few Japanese scholars reviewed and modified it.
The Japanese Constitution was written following World War II, as the Allies sought fundamental changes in the nature of Japan's political system. Japan's surrender also meant amendments had to be made to its Constitution.
The Japanese Constitution includes the renunciation of war, the symbolic role of the Emperor, and the prominence of guarantees of civil and human rights. It also provides for a parliamentary system and three branches of government: the National Diet, the Cabinet led by a Prime Minister, and the Supreme Court.
The Japanese Constitution is relatively short at 5,000 signs, less than a quarter of the length of the average national constitution.
