Omar Bennett
The Japanese Constitution, which came into effect on May 3, 1947, was drafted primarily by American officials during the U.S. occupation of Japan after World War II. The constitution was based on principles of popular sovereignty, pacifism, and individual rights, significantly reducing the power of the Emperor of Japan and outlawing Japan's right to wage war. While the constitution was welcomed by the Japanese people, there was resistance from postwar leaders who attempted to preserve the Meiji Constitution, which asserted the Emperor's ultimate power. To avoid direct confrontation with the new constitution, Japanese translators omitted the American-authored preamble, and when forced to reinsert the concept of popular sovereignty, they used an archaic term that obscured its meaning.
| Characteristics | Values |
|---|---|
| Date of adoption | 3 November 1946 |
| Date of enforcement | 3 May 1947 |
| Authors | American civilian officials |
| Purpose | To refute the previous constitutional theory that sovereignty resided in the Emperor |
| Sovereign power | Resides with the people |
| Role of the Emperor | Symbol of the state and of the unity of the people |
| Influence | British model of parliamentary government |
| Amendments | Requires a two-thirds majority and pass referendum |
| Article 9 | Abolition of war as an institution |
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What You'll Learn
- The Japanese government submitted a conservative draft, rejected by MacArthur
- MacArthur's staff and Japanese officials disagreed over the extent of the Emperor's power
- The MacArthur draft was influenced by Japanese liberals, adopting a British model
- The Japanese government obscured the meaning of 'popular sovereignty' in translation
- The Japanese people embraced the no-war provision
The Japanese government submitted a conservative draft, rejected by MacArthur
In the aftermath of World War II, the United States occupied Japan, and General Douglas MacArthur, the Supreme Commander for the Allied Powers, directed Prime Minister Kijūrō Shidehara to draft a new constitution. Shidehara assembled a committee of Japanese scholars to undertake this task. However, in February 1946, MacArthur rejected their efforts, deeming them a mere rehash of the Meiji Constitution.
MacArthur took control of the process, ordering his staff to create a new constitution. This decision was influenced by two factors. Firstly, he wanted to prevent interference from other allies, and secondly, he wanted to ensure that Japan would not wage war again. The resulting MacArthur Draft was a progressive document that deviated significantly from the conservative Matsumoto Draft.
The MacArthur Draft was influenced by the ideas of certain Japanese liberals. It proposed a parliamentary system of government modelled after the British system, rather than imposing a United States-style presidential or federal system. The draft also included a bicameral legislature with a weak upper chamber, and it stripped the Emperor of power, making him a constitutional monarch and a symbol of the state.
The Japanese government initially resisted the MacArthur Draft, but ultimately accepted it with minor revisions after marathon negotiations in early March. The final draft, completed on March 6, became the new Constitution of Japan, which was adopted on November 3, 1946, and came into effect on May 3, 1947.
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MacArthur's staff and Japanese officials disagreed over the extent of the Emperor's power
Following Japan's surrender at the end of World War II in 1945, the country was occupied by US forces under the command of General Douglas MacArthur, the Supreme Commander for the Allied Powers. MacArthur's task was to direct Prime Minister Kijūrō Shidehara to draft a new constitution for Japan. Shidehara formed a committee of Japanese scholars to undertake the task, but MacArthur reversed course in February 1946, presenting his own draft, which was reviewed and modified by the scholars before its adoption. This draft was significantly different from the Matsumoto Draft, and the Japanese government's request to reconsider it was rejected. MacArthur's draft was accepted by the Shidehara Cabinet, and a new draft based on it was completed on 2 March of the same year.
Emperor Hirohito, Prime Minister Shidehara, and most cabinet members were extremely reluctant to replace the Meiji Constitution with a more liberal document. However, the Emperor's status as a limited constitutional monarch was formalized with the enactment of the new constitution in 1947, which defined the Emperor as "the symbol of the state and of the unity of the people". This was a significant shift in the Emperor's role, and it is understandable that there would be disagreement between MacArthur's staff and Japanese officials over such a fundamental change.
The image of MacArthur towering over the Emperor in casual attire was seen by many Japanese officials as a symbol of his effective usurping of the throne, causing humiliation. MacArthur's growing unapproachability and adoption of a colonial viceroy style further contrasted with the Emperor's efforts to establish himself as a man of the people. These tensions between MacArthur and the Japanese officials highlight the disagreement over the Emperor's power and the broader challenges of the occupation.
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The MacArthur draft was influenced by Japanese liberals, adopting a British model
Following Japan's surrender at the end of World War II in 1945, the country was occupied, and US General Douglas MacArthur, the Supreme Commander for the Allied Powers, directed Prime Minister Kijūrō Shidehara to draft a new constitution. Shidehara created a committee of Japanese scholars to work on the task. However, MacArthur rejected their efforts in February 1946, deeming them insufficiently different from the Meiji Constitution of 1889.
MacArthur then took matters into his own hands, ordering his staff to draft a new constitution, which became known as the "'MacArthur draft'". This draft was influenced by the ideas of certain Japanese liberals, who favoured a British model of parliamentary government over a United States-style presidential or federal system. The British model was seen as a preferable alternative to the continental European absolutism of the Meiji Constitution.
The MacArthur draft included a unicameral legislature, which was changed at the insistence of the Japanese to a bicameral one, with both houses being elected. The constitution also included the symbolic role of the Emperor, guarantees of civil and human rights, and the renunciation of war. It was adopted on 3 November 1946 and came into effect on 3 May 1947, replacing the Meiji Constitution.
After Japan recovered its sovereignty in 1952, there were attempts by conservatives and nationalists to revise the constitution to make it more "Japanese". However, these attempts were largely unsuccessful. The MacArthur draft, with its adoption of a British model influenced by Japanese liberals, had already laid the foundation for a new Japan, with its emphasis on popular sovereignty, pacifism, and individual rights.
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The Japanese government obscured the meaning of 'popular sovereignty' in translation
The Japanese government's response to the Supreme Commander for the Allied Powers' (SCAP) call for constitutional revision was slow, but the Japanese people responded to the opportunity. Between late 1945 and spring 1946, SCAP received 12 proposals for constitutional revisions from outside the government. The proposals included the abolition of the emperor, economic rights, gender equity, and the right to education.
The Japanese postwar governmental elite had not swayed from the position in the Meiji Constitution that the Emperor commanded ultimate and inviolable power. When the Japanese leaders received the American draft, their first task was to translate it into Japanese. The translators dropped the American-authored preamble altogether, thus avoiding the issue of popular versus imperial sovereignty.
When SCAP required them to reinsert the concept of popular sovereignty, the Japanese translators used the archaic word "shiko", meaning "supreme height". This term was out of use in 1940s Japan and did not convey the concept accurately to Japanese readers. Through this choice of word, the Japanese government obscured the meaning of a political concept they did not endorse.
SCAP re-translated the Japanese version into English and managed to catch most of the conceptual changes that the Japanese had introduced. MacArthur invited Japanese review and revision of the constitution between 1948 and 1949 to ensure that it reflected the free will of the Japanese people. However, the Japanese government and people did not take up this opportunity to change the constitution, indicating an early level of support that renders the claim of foreign imposition moot.
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The Japanese people embraced the no-war provision
Article 9 stipulated that Japan forever renounced its right to wage war and maintained a stance of pacifism. This was a significant departure from the pre-war ideology, where Emperor Hirohito was considered Japan's absolute ruler and was consulted on the country's expansionist policies. The no-war provision was well-received by the Japanese people, who were still reeling from the devastation of the war.
John Dower, a constitutional scholar, suggests that the Japanese people accepted Article 9 because it offered a positive national direction and a break from their recent militaristic past. This provision also aligned with the broader goals of MacArthur's reforms, which included demilitarization and democratization. The Japanese people's support for this provision is evident in the lack of public response when MacArthur invited revision suggestions between 1948 and 1949 to ensure the constitution reflected the will of the people.
The inclusion of Article 9 in Japan's constitution has had lasting implications. In recent years, there have been attempts by political parties like the LDP to amend it due to changing security concerns, particularly regarding China and North Korea. However, these efforts have been met with opposition from other parties, and a constitutional amendment would require a two-thirds majority and a public referendum. Additionally, the Japanese government has reinterpreted Article 9 to allow the Japan Self-Defense Forces to provide material support to allies engaged in combat internationally, a move that has sparked mixed international reactions.
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Frequently asked questions
The Meiji Constitution was the constitution that was in place in Japan from 1889 until the end of World War II. It was based on the principle that the Emperor commanded ultimate and inviolable power.
The MacArthur Draft was a draft of a new constitution for Japan, written primarily by American civilian officials during the occupation of Japan after World War II. It was created under the supervision of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers. The draft was submitted to the Japanese government on February 13, 1946, and included provisions for civil liberties and stripping the Emperor of power.
The Japanese government was reluctant to accept the MacArthur Draft, as it represented a significant departure from the Meiji Constitution. They attempted to revise the draft to be more aligned with their own preferences, but their efforts were largely unsuccessful. Ultimately, the Japanese government accepted the MacArthur Draft with minor revisions.
The Japanese people generally embraced the new constitution, particularly the provision forbidding Japan from waging war. This was likely due to the devastation and defeat the country had experienced during World War II.
While there have been attempts to amend the constitution, particularly Article 9 which forbids Japan from waging war, these efforts have been largely unsuccessful due to opposition from various Japanese political parties. However, there have been reinterpretations of certain articles, such as the official reinterpretation by the Japanese National Diet in September 2015, which allowed the Japan Self-Defense Forces to provide material support to allies engaged in combat internationally.
