Eleanor Finch
The Meiji Constitution, or the Constitution of the Empire of Japan, was proclaimed on February 11, 1889, and came into effect in 1890. It was Japan's constitution from 1889 to 1947 and established a mixed constitutional and absolute monarchy, with the Emperor as the head of state and the Prime Minister as the head of government. The Meiji Constitution was enacted after the Meiji Restoration in 1868, which restored direct political power to the Emperor and resulted in a period of sweeping political and social reform and westernization. The Meiji Constitution provided for a bicameral parliament (the Diet) with an elected lower house and an upper house composed of members of the imperial family, the hereditary peerage, and members appointed by the Emperor. It also established clear limits on the power of the executive branch and the Emperor, guaranteed certain civil rights and liberties, and created an independent judiciary.
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What You'll Learn
- The Meiji Constitution established a mixed constitutional and absolute monarchy
- The Emperor is the head of state, with the Prime Minister as the actual head of government
- The Emperor has the right to declare war, make peace, and conclude treaties
- The Constitution provided for a bicameral parliament with an elected lower house
- The Meiji Constitution established an independent judiciary and guaranteed civil rights and liberties
The Meiji Constitution established a mixed constitutional and absolute monarchy
The Meiji Constitution, enacted in 1889, established a mixed constitutional and absolute monarchy in Japan. This form of government was based on the Prusso-German and British models, with the Emperor of Japan as the supreme leader and the head of state. The Emperor governed the country in theory, but in practice, the Prime Minister was the actual head of government. The Prime Minister and their cabinet were not necessarily chosen from the elected members of parliament and were not accountable to them. Instead, they were appointed by the Emperor, who held the right to appoint and dismiss all government officials.
The Meiji Constitution provided for a bicameral parliament, known as the Diet, with an elected lower house and an unelected upper house, or House of Peers. The Upper House consisted of members of the Imperial Family, the hereditary peerage, and members appointed by the Emperor. The Diet shared power with the Emperor over foreign policy and diplomacy, while the Emperor held sole command of the Imperial Japanese Army and Navy. The Diet primarily dictated matters of domestic policy.
The Meiji Constitution also established clear limits on the power of the executive branch and the Emperor, creating an independent judiciary. Civil rights and civil liberties were recognised, including freedom of movement, freedom of speech, assembly, and association, freedom of religion, and the right to privacy of correspondence and private property. However, these rights were limited by laws, and the interpretation of the Meiji Constitution struggled between authoritarian and liberal-democratic tendencies.
The Meiji Constitution remained in force until 1946, when it was replaced by a new constitution during the Allied occupation of Japan following World War II. The new constitution replaced imperial rule with a Western-style liberal democracy, with the Emperor as the symbolic head of state.
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The Emperor is the head of state, with the Prime Minister as the actual head of government
The Meiji Constitution, also known as the Constitution of the Empire of Japan, was the constitution of the Empire of Japan from 1889 to 1947. It was enacted after the Meiji Restoration in 1868, which restored direct political power to the emperor for the first time in over a millennium. The Meiji Constitution provided for a form of mixed constitutional and absolute monarchy, based on the Prussian, British, and German models.
In theory, the Emperor of Japan was the supreme leader, and the cabinet, whose prime minister was elected by a privy council, were his followers. However, in practice, the Emperor was the head of state, while the Prime Minister was the actual head of government. This meant that while the Emperor governed the empire with the advice of his ministers, the Prime Minister held the most power in terms of governing. The Prime Minister and their Cabinet were not necessarily chosen from the elected members of parliament, and they were not accountable to the elected members of the Imperial Diet.
The Meiji Constitution established the rights and duties of Japanese subjects. Subjects had the right to freedom of movement, privacy of correspondence, private property, freedom of speech, assembly, and association, among other civil liberties. They also had duties such as upholding the constitution, paying taxes, and serving in the armed forces if conscripted.
The Emperor had the right to exercise executive authority, including the appointment and dismissal of government officials, declaring war, making peace, and concluding treaties. The Emperor also held supreme command of the Imperial Japanese Army and Navy, with the power to determine their organization and standing. The Emperor's powers were advised and influenced by the genrō, or inner circle of elder statesmen, who held actual power.
The Meiji Constitution was replaced by a more liberal constitution in 1946, after World War II, which asserted that "sovereign power resides with the people".
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The Emperor has the right to declare war, make peace, and conclude treaties
The Meiji Constitution, also known as the Constitution of the Empire of Japan, was the fundamental law of the nation from 1890 until 1947. It was enacted after the Meiji Restoration in 1868, which restored direct political power to the Emperor of Japan for the first time in over a millennium. The Meiji Constitution provided for a mixed constitutional and absolute monarchy, with the Emperor as the supreme leader and the Prime Minister as the head of government.
Under the Meiji Constitution, the Emperor of Japan had extensive powers, including the right to declare war, make peace, and conclude treaties. This was outlined in Article 12 of the Meiji Constitution, which stated that "The Emperor declares war, makes peace, and concludes treaties." The Emperor also had the power to appoint and dismiss government officials, dissolve the lower house of the Diet, and issue Imperial ordinances in place of laws when the Diet was not in session.
The Meiji Constitution established a legislature known as the Diet, consisting of two houses: the Upper House, or House of Peers, and the Lower House, or House of Representatives. The Upper House was composed of members of the Imperial Family, the hereditary peerage, and members appointed by the Emperor. The Lower House was elected by the people and reflected both Prussian and British influences. While the Diet had some involvement in domestic policy matters, the Emperor maintained significant influence over foreign policy and diplomacy.
The Meiji Constitution was replaced by the "Postwar Constitution" in 1946, following World War II and the occupation of Japan by Allied forces. The new constitution, written primarily by American civilian officials, sought to establish a more democratic and liberal framework for Japan, with the Emperor as a symbolic figurehead rather than an active ruler.
The Emperor's role in the current constitution is outlined in Chapter I, which states that the Emperor is the head of state and combines the rights of sovereignty. However, the actual governing power rests with the Prime Minister and their cabinet, who are responsible for carrying out the constitution.
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The Constitution provided for a bicameral parliament with an elected lower house
The Meiji Constitution, also known as the Constitution of the Empire of Japan, was promulgated by Emperor Meiji on 11 February 1889 and came into effect on 29 November 1890. It was Japan's fundamental law until 2 May 1947, when it was replaced by a new constitution.
The Meiji Constitution provided for a bicameral parliament, known as the Diet, with an elected lower house and an appointed upper house. The lower house, or House of Representatives, was composed of elected officials, while the upper house, or House of Peers, consisted of members of the Imperial Family, hereditary peerage, and members appointed by the Emperor. The Diet was responsible for dictating domestic policy matters, while the Emperor retained power over foreign policy and diplomacy.
The establishment of this parliamentary system was a significant development in Japan's political history, as it marked the country's first experience with a representative assembly. The Diet was modelled after the Prussian and British parliamentary systems, with the lower house resembling the Prussian Herrenhaus and the British House of Lords.
The Meiji Constitution also established the position of Prime Minister, who was appointed by the Emperor and served as the head of government. The Prime Minister and his cabinet were not necessarily chosen from the elected members of parliament, and they were not accountable to the Diet. Instead, they answered to the Emperor, who held supreme authority and could appoint and dismiss government officials as he saw fit.
In addition to establishing the structure of the government, the Meiji Constitution outlined the rights and duties of Japanese citizens. This included rights such as freedom of movement, privacy of correspondence, freedom of religion, and freedom of speech, assembly, and association. Citizens were also subject to certain duties, such as paying taxes and serving in the armed forces if conscripted.
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The Meiji Constitution established an independent judiciary and guaranteed civil rights and liberties
The Meiji Constitution, enacted in 1889, was the first written constitution of Japan. It was created after the Meiji Restoration in 1868, which restored direct political power to the emperor. The Meiji Constitution established a form of mixed constitutional and absolute monarchy, with the Emperor of Japan as the supreme leader. The constitution provided for a legislature, the Diet, with two houses: the Upper House, or House of Peers, and the Lower House, or House of Representatives. The Upper House consisted of members of the Imperial Family, hereditary peerage, and members appointed by the Emperor. The Lower House was elected by the people.
The Meiji Constitution established an independent judiciary, with the right to a trial before a judge guaranteed in Article 24. The constitution also provided for a number of other rights and liberties for Japanese subjects, including freedom of movement (Article 22), privacy of correspondence (Article 26), private property (Article 27), and freedom of speech, assembly, and association (Article 29). The right to "be appointed to civil or military or any other public offices equally" was also guaranteed in Article 19, and freedom of religion was guaranteed in Article 28, "within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects".
The Meiji Constitution was replaced by a new constitution after World War II, which was written primarily by American civilian officials during the occupation of Japan. The new constitution came into effect on May 3, 1947, and included provisions for popular sovereignty, pacifism, and the renunciation of war, in addition to individual rights.
The Meiji Constitution established an independent judiciary by providing for a clear separation of powers between the executive, legislative, and judicial branches of government. The Emperor was nominally the head of all three branches, but in practice, the Prime Minister and his Cabinet held the actual power. The judiciary, therefore, operated independently of the executive and legislative branches, with laws being issued and justice administered by the courts "in the name of the Emperor".
The establishment of an independent judiciary and guaranteed civil rights and liberties under the Meiji Constitution was significant in the context of the historical development of Japan's political and legal systems. Prior to the Meiji Restoration, Japan had a Chinese-inspired legal system and constitution known as ritsuryō, which was enacted in the 6th century. This system provided for a government based on a meritocratic bureaucracy, serving under the ultimate authority of the emperor. However, by the middle of the Heian period in the 10th and 11th centuries, the ritsuryō system had become largely ceremonial, and the emperor was reduced to a symbolic role.
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Frequently asked questions
The Constitution of the Empire of Japan, informally known as the Meiji Constitution, was proclaimed on February 11, 1889, and came into effect in 1890.
The Meiji Constitution established a mixed constitutional and absolute monarchy, based on Prussian and British models.
The Emperor was the head of state and held supreme executive authority, including command of the army and navy, while the Prime Minister was the head of government and was elected by a Privy Council.
The Meiji Constitution outlined various duties for Japanese subjects, including paying taxes and serving in the armed forces if conscripted. It also provided for qualified rights, such as freedom of movement, privacy of correspondence, freedom of speech, and freedom of religion, although these rights were often subject to limitations by law.
The Meiji Constitution was a significant step in Japan's modernisation and westernisation efforts following the Meiji Restoration of 1868. It established a representative assembly, clear limits on executive power, and an independent judiciary, reflecting Japan's desire to be recognised as a capable, modern nation by Western powers.
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