Jonah Patel
The Meiji Constitution of 1889, also known as the Constitution of the Empire of Japan, was the nation's first modern constitution. It established a form of mixed government, with an emperor wielding significant power alongside an elected Imperial Diet consisting of a House of Peers and a House of Representatives. The Meiji Constitution was influenced by Western ideas and practices, particularly those from Prussia, and marked a significant shift from Japan's feudal past. It remained in effect until 1947, when a new constitution was enacted following World War II, officially ending the Japanese Empire and forming modern Japan. The Meiji Constitution's blend of conservatism and Confucianism, along with its strong emphasis on imperial power, raises questions about whether it was primarily a document of conflict or compromise.
| Characteristics | Values |
|---|---|
| Date of Promulgation | 3 January 1868 (Meiji Restoration) |
| Date of Effect | 3 May 1947 |
| Territory Covered | Japanese archipelago, the Kurils, Karafuto, Korea, Taiwan, and dependent territories |
| Type of Government | Constitutional monarchy |
| Head of State | Emperor |
| Legislative Body | Imperial Diet |
| Number of Houses | Two (House of Peers and House of Representatives) |
| Composition of House of Peers | Members of the Imperial Family, nobility, and those nominated by the Emperor |
| Composition of House of Representatives | Members elected by the people |
| Executive Body | Ministers of State |
| Judicial Protections | No Japanese subject shall be arrested, detained, tried, or punished without due process |
| Right to Privacy | No Japanese subject's house shall be entered or searched without consent, except in cases provided by law |
| Right of Sovereignty | Inherited from ancestors and to be bequeathed to descendants |
| Petitions | Japanese subjects may present petitions by observing proper forms of respect and complying with relevant rules |
| War Powers | The Emperor has the power to declare war, make peace, and conclude treaties |
| Regency | A regency shall be instituted in conformity with the provisions of the Imperial House Law |
| Amendment Process | The Emperor or their successors shall assume the initiative right and submit a project to the Imperial Diet |
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What You'll Learn
The Meiji Restoration
Factional disputes within the domains led some to conflict with the Tokugawa shogunate, and an anti-Tokugawa alliance was formed, led by Satsuma and Chōshū. The alliance overthrew the shogunal system, and the new government reorganised society, abolishing the old currency and the domain system, and eventually the class position of the samurai. The Meiji Restoration ended feudalism in Japan and led to the country's industrialisation and adoption of Western ideas and production methods. The new government introduced a constitution and a parliamentary system, established universal education, built railroads, installed telegraph lines, and developed strong army and navy forces.
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The Emperor's role
The Emperor of Japan held a significant role in the country's governance under the 1889 Constitution, also known as the Meiji Constitution. The constitution established the Emperor as the head of state, combining the rights of sovereignty and legislative power.
One of the Emperor's key roles was the power to declare war and make peace, as well as conclude treaties. This was based on the understanding that the Emperor had supreme command over the army and navy, including determining their organisation and standing. The Emperor also had the authority to proclaim a state of siege, with the conditions and effects determined by law.
The Emperor played a central role in the legislative process. The constitution stipulated that the Emperor exercised legislative power with the consent of the Imperial Diet, a bicameral legislature consisting of a House of Peers and a House of Representatives. The Emperor could convoke the Imperial Diet, open, close, and prorogue it, as well as dissolve the House of Representatives. When the Imperial Diet was not in session, the Emperor could issue imperial ordinances in urgent situations to maintain public safety or avert calamities. These ordinances, however, required subsequent approval from the Imperial Diet to remain valid.
The Emperor also held the power to confer titles of nobility, rank, orders, and other marks of honour. Additionally, the Emperor could order amnesty, pardon, commutation of punishment, and rehabilitation.
In times of war or national emergency, the Emperor's powers were unaffected by the provisions of the constitution. This ensured that the Emperor retained full authority during such critical periods.
The 1889 Constitution also addressed succession, stating that the Imperial Throne would be succeeded by imperial male descendants, in accordance with the Imperial House Law.
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The Imperial Diet
The first Imperial Diet of 1890 was marked by controversy and political tensions. The Prime Minister of Japan at the time, General Count Yamagata Aritomo, entered into a confrontation with the legislative body over military funding. Critics of the army derided the Meiji slogan of "rich country, strong military" as producing a poor country with a strong military. They advocated for infrastructure projects and lower taxes and felt their interests were not being served by high levels of military spending.
The Meiji Constitution was largely based on the form of constitutional monarchy found in 19th-century Prussia, which placed the king as the sole holder of power and sovereignty over his kingdom. This model aligned with the Japanese view of their emperor and his role at the time. The new Diet was modelled partly on the German Reichstag and partly on the British Westminster system.
The Meiji Constitution granted a real political role to the Emperor, although in practice, his powers were largely directed by a group of oligarchs called the genrō or elder statesmen. A constitutional amendment required the assent of both the Diet and the Emperor, giving the Emperor veto power over the Diet. The Emperor also had complete freedom in choosing the Prime Minister and the Cabinet.
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The House of Peers
The Meiji Constitution, or the Constitution of the Empire of Japan, was proclaimed on February 11, 1889, and remained in force from November 29, 1890, until May 2, 1947. It provided for a form of mixed constitutional and absolute monarchy, modelled after the German and British systems. The Emperor was the head of state, but the Prime Minister was the actual head of government. The Meiji Constitution also established a legislature called the Diet, which was composed of two houses: the House of Representatives and the House of Peers.
The new constitution, written by American civilian officials, abolished the House of Peers and established a parliamentary system with a bicameral National Diet. This change reflected a shift towards democratic elections and universal adult suffrage, guaranteeing the right to vote regardless of "race, creed, sex, social status, family origin, education, property, or income". The new constitution came into effect on May 3, 1947, marking the end of the House of Peers.
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The House of Representatives
The Meiji Constitution of 1889 established a legislature called the Diet, which was composed of two houses: the House of Peers and the House of Representatives. The House of Representatives was the lower house, directly elected by all males who paid at least 15 yen in property taxes.
In terms of the House's internal workings, deliberations were generally held in public, but could be held in secret upon the demand of the government or by resolution of the house. Votes were taken by absolute majority, and in the case of a tie, the president held the casting vote.
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Frequently asked questions
The Constitution of the Empire of Japan, also known as the Meiji Constitution, was the nation's first Western-style constitution. It was enacted on May 3, 1947, marking the end of the Japanese Empire and the beginning of modern Japan.
The 1889 Japanese Constitution established an Imperial Diet consisting of two houses: a House of Peers and a House of Representatives. It outlined the rights and duties of Japanese subjects, including the liberty of abode, the right to petition the government, and the duty to serve in the military and pay taxes. The Constitution also affirmed the Emperor's supreme command of the army and navy and authority to declare war, make peace, and conclude treaties.
The 1889 Japanese Constitution was a compromise in that it blended traditional Confucian values with Western ideas. For example, it preserved the Emperor's power while also establishing a representative government with a House of Representatives elected by the people.
