Omar Bennett
The circumstances that led to the preamble of the Constitution of Japan are rooted in the aftermath of World War II. With Japan's surrender in 1945, the country came under occupation, and US General Douglas MacArthur, the Supreme Commander for the Allied Powers, instructed Prime Minister Kijūrō Shidehara to draft a new constitution. This process, involving American civilian officials and Japanese scholars, resulted in a constitution that superseded the Meiji Constitution of 1889. The new constitution, with its preamble and 103 articles, enshrined principles of popular sovereignty, pacifism, and individual rights, marking a shift from the Meiji Constitution's concentration of power in the Emperor. The preamble, in particular, established popular sovereignty, proclaiming that sovereign power resides with the people. This preamble has been subject to discussions about revision to better reflect contemporary values and Japan's desire for peace and respect for human rights.
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What You'll Learn
The Meiji Constitution
In the aftermath of World War II, Japan underwent a significant constitutional transformation. Under the direction of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers, Japan embarked on a path toward democratic reform. MacArthur instructed Prime Minister Kijūrō Shidehara to draft a new constitution, marking a departure from the Meiji Constitution's principles. Shidehara assembled a committee of Japanese scholars for this task, but MacArthur later presented his draft, which became the foundation for the new constitution.
The process of drafting the new constitution involved intricate debate and collaboration between Japanese and American stakeholders. While the initial American draft faced resistance from Japan's postwar governmental elite, who favoured the Meiji Constitution's emphasis on imperial sovereignty, the final document incorporated elements of both Japanese and American political thought. The resulting constitution, adopted in 1946 and effective from 1947, reflected a blend of democratic ideals and Japanese cultural and historical context.
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World War II and the US occupation
The circumstances that led to the preamble to the Constitution of Japan are closely tied to the events of World War II and the subsequent US occupation of the country.
Following Japan's surrender and the end of World War II in 1945, the country was occupied by the United States, with U.S. General Douglas MacArthur serving as the Supreme Commander for the Allied Powers. General MacArthur instructed Prime Minister Kijūrō Shidehara to draft a new constitution for Japan, which would replace the Meiji Constitution of 1889. The Meiji Constitution had vested supreme political power in the Emperor, a position that Japan's postwar government elite continued to support.
Initially, Shidehara formed a committee of Japanese scholars to work on the new constitution. However, in February 1946, MacArthur reversed course and presented his draft, which was created under his supervision. This draft, known as the MacArthur Draft, became the basis for the new constitution. It underwent a review and modification process by the Japanese scholars before its adoption. The process involved intricate debate, translation, and collaboration between Japanese and American actors, with the final document reflecting a blend of both cultures and legal traditions.
The preamble of the constitution, which establishes the fundamental principles, underwent a particularly notable evolution. In the original American draft, the preamble emphasised popular sovereignty, declaring that "sovereign power resides with the people". However, when the Japanese translators received the draft, they omitted the preamble entirely, avoiding the conflict between popular and imperial sovereignty. The concept of popular sovereignty was then reinserted at the insistence of the American authorities, but the Japanese translators used the archaic word "shiko," which did not accurately convey the intended meaning to Japanese readers.
The resulting constitution, consisting of approximately 5,000 words, was adopted on November 3, 1946, and came into effect on May 3, 1947. It includes a preamble and 103 articles grouped into 11 chapters. The preamble, while retaining the concept of popular sovereignty, also reflects Japanese traditions and values, such as pacifism and the desire for peace, which arose from the country's experience of war.
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Popular sovereignty
The Constitution of Japan, written primarily by American civilian officials during the occupation of Japan after World War II, came into effect on May 3, 1947, replacing the Meiji Constitution of 1889. The constitution is based on the principles of popular sovereignty, pacifism, the renunciation of war, and individual rights.
The preamble of the Japanese Constitution contains a firm declaration of the principle of popular sovereignty. It proclaims that "sovereign power resides with the people" and that the government derives its authority from the people. The representatives of the people exercise the powers of the government, and the benefits are enjoyed by the people. This language refutes the previous constitutional theory that vested sovereignty in the Emperor, instead asserting that the Emperor is a symbol of the state, deriving his position from the will of the people.
Historical Context
Upon Japan's surrender at the end of World War II in 1945, the country was occupied by the Allied Powers, led by U.S. General Douglas MacArthur. General MacArthur directed Prime Minister Kijūrō Shidehara to draft a new constitution. Shidehara formed a committee of Japanese scholars to work on the draft. However, in February 1946, MacArthur presented his own draft, which became known as the MacArthur Draft. This draft was significantly influenced by the ideas of Japanese liberals and conformed to the British model of parliamentary government. The Japanese scholars then reviewed and modified the MacArthur Draft before its adoption.
Other Provisions Related to Popular Sovereignty
In addition to the preamble, the Japanese Constitution includes several articles that further emphasize popular sovereignty and individual rights. Article 1 states that the Emperor is a symbol of the state and derives his position from the will of the people. Article 97 guarantees fundamental human rights to the people of Japan. The constitution also provides for a parliamentary system with three branches of government: the National Diet (legislative), the Cabinet led by a Prime Minister (executive), and the Supreme Court (judicial). It guarantees individual rights such as legal equality, freedom of assembly, association, and speech, due process, and the right to a fair trial.
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Pacifism and democracy
The preamble to Japan's constitution was written primarily by American civilian officials during the US occupation of Japan after World War II. It was adopted on November 3, 1946, and came into effect on May 3, 1947, replacing the Meiji Constitution of 1889. The preamble is a statement of the broad premises underlying the constitution, which consists of approximately 5,000 words and is divided into 11 chapters and 103 articles.
The preamble to the Japanese Constitution contains a firm declaration of the principle of popular sovereignty, proclaimed in the name of the "Japanese people" and asserting that "'sovereign power resides with the people'. This refutes the previous constitutional theory that sovereignty resided in the Emperor, instead asserting that the Emperor is merely a symbol of the state. The preamble also establishes the liberal doctrine of fundamental human rights and individual rights, including legal equality, freedom of assembly, association, and speech, due process, and the right to a fair trial.
The preamble also includes a commitment to pacifism and the renunciation of war. Article 9 of the constitution renounces Japan's right to wage war and to maintain military forces. This commitment to pacifism grew out of the experience of the horrors of war, as reflected in the Preamble of the UN Charter. Japan, as the only nation to have experienced a nuclear attack, has a unique perspective on the importance of peace and nuclear disarmament.
The process of drafting the Japanese Constitution involved intricate debate and collaboration within and across national lines. While American officials played a significant role in the initial drafting process, Japanese writers and translators also influenced the final document through the process of translation and "Japanization". The resulting constitution, with its preamble's declaration of pacifism and democracy, has been important in shaping the course that Japan has taken within the international community.
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The role of the Emperor
The preamble to the constitution, written primarily by American civilian officials during the occupation of Japan after World War II, establishes popular sovereignty within Japan, proclaiming that "'sovereign power resides with the people'". This directly refutes the previous constitutional theory that sovereignty resided in the Emperor. The text of the constitution further emphasises that the Emperor derives "his position from the will of the people with whom resides sovereign power".
The process of drafting the constitution involved intricate debate and collaboration within and across national lines. The original American draft underwent a "Japanization" process, becoming more representative of Japanese thought. When the Japanese leaders received the American draft, they initially dropped the preamble, attempting to avoid the issue of popular versus imperial sovereignty. However, they were required to reinsert the concept of popular sovereignty, albeit with a translation choice that obscured the meaning of this political concept.
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