Omar Bennett
The Constitution of Japan, also known as the Postwar Constitution, is the oldest unamended constitution in the world. Written in 1946 and adopted in 1947, it was promulgated following Japan's surrender in World War II and the subsequent Allied occupation. The constitution was drafted by American civilian officials, including U.S. General Douglas MacArthur, and Japanese scholars, and it replaced the Meiji Constitution of 1889.
| Characteristics | Values |
|---|---|
| Name | Constitution of Japan |
| Year written | 1946 |
| Year adopted | 1947 |
| Year came into effect | 1947 |
| Previous constitution | Meiji Constitution |
| Author | American civilian officials |
| Basis | Popular sovereignty, pacifism and the renunciation of war, individual rights |
| Number of articles | 103 |
| Number of chapters | 11 |
| Amendments | Initiated by the Diet, requiring a two-thirds majority vote in each House, followed by ratification by the people |
| Number of tiers in Japan's court system | 4 |
| Highest bodies of power | National Diet (legislative), Cabinet led by Prime Minister (executive), Supreme Court (judicial) |
| Emperor's role | Symbol of the state and of the unity of the people, performing ceremonial duties |
| Rights guaranteed | Legal equality, freedom of assembly, association, and speech, due process, fair trial, right to life, liberty, and the pursuit of happiness |
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What You'll Learn
The Meiji Constitution
In theory, the Emperor of Japan was the supreme leader, governing the empire with the advice of his ministers. In practice, however, the Emperor was the head of state, while the Prime Minister was the actual head of government. The Meiji Constitution established clear limits on the power of the executive branch and the Emperor. It allowed for civil rights and civil liberties, although these were subject to limitation by law. For example, free speech, freedom of association, and freedom of religion were all restricted by laws. The franchise was also limited, with only 1.1% of the population eligible to vote for the Diet until the enactment of the General Election Law in 1925, which established universal manhood suffrage.
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Popular sovereignty
The Constitution of Japan, formally titled the "Constitution of the State of Japan" (日本国憲法, Nihon-koku Kenpō), is the nation's fundamental law. It was enacted on November 3, 1946, and came into force on May 3, 1947. The constitution was drafted during the post-World War II Allied occupation of Japan and replaced the previous imperial constitution, which had established an authoritarian monarchy.
One of the key principles enshrined in Japan's Constitution is that of popular sovereignty, which is the concept that the power of a nation's government is derived from the consent of the people and that the people are the ultimate source of political power. This principle is articulated in the constitution's first paragraph, which states: "Sovereign power resides with the people, and this Constitution shall be the supreme law of Japan."
The idea of popular sovereignty was a significant departure from the previous imperial constitution, which had vested sovereign power in the person of the Emperor, who was considered a divine being. In contrast, the post-war constitution places the people at the center of the political system and establishes a democratic framework for governance.
Under the principle of popular sovereignty, the Japanese Constitution guarantees fundamental rights and liberties for all citizens, including freedom of speech, religion, assembly, and association, as well as the right to vote and stand for public office. It also establishes a system of representative democracy, with a parliament (the Diet) elected by the people to make laws and a cabinet responsible to the Diet and ultimately to the people.
The constitution also includes mechanisms to protect the people's rights and ensure that the government remains accountable to them. This includes provisions for judicial review, whereby laws and government actions can be struck down if they are found to violate the constitution, and procedures for constitutional amendment, which require the approval of both a national referendum and a two-thirds majority in both houses of the Diet.
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Pacifism and the renunciation of war
The Constitution of Japan, written in 1946 and adopted in 1947, is the oldest unamended constitution in the world. It was written primarily by American civilian officials during the occupation of Japan after World War II, and succeeded the Meiji Constitution of 1889. The Meiji Constitution was the fundamental law of the Empire of Japan, providing for a mixed constitutional and absolute monarchy, with the Emperor as the supreme leader.
In contrast, the 1947 Constitution establishes the principle of popular sovereignty, with the Emperor of Japan as the symbol of the state and the unity of the people. It is based on the principles of pacifism and the renunciation of war. Article 9 of the Constitution states that Japan "forever renounces war as a sovereign right of the nation". This means that Japan would not have the right to build or maintain an army, navy, or air force, and would relinquish the right of belligerency. The Constitution also provides for a parliamentary system and three branches of government: the legislative, executive, and judicial.
The inclusion of pacifism and the renunciation of war in the Japanese Constitution was influenced by the horrors of World War II, during which numerous abuses were committed by Japan against local inhabitants, including forcing many into sexual slavery. The Potsdam Declaration, issued by the Allied leaders of the United States, the United Kingdom, and the Republic of China, also played a role in shaping the Constitution. The Declaration stated that the "Japanese Government shall remove all obstacles..." suggesting that the Allies wished to encourage democratic reforms in Japan rather than impose a new political system unilaterally.
The renunciation of war in the Japanese Constitution has been the subject of debate and controversy. Critics argue that Article 9 has been bent to the breaking point as Japan has redefined its "defensive" role, including sending Self-Defense Forces to aid U.S. forces and carrying munitions. In 2002, the Koizumi government proposed "emergency-contingency" bills that would give the national government power in case of foreign military attacks, which critics argued would legalize national preparation for war. While these bills were defeated, the controversy over constitutional reform related to Article 9 continues.
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Individual rights
The Constitution of Japan, written in 1946 and adopted in 1947, is the oldest unamended constitution in the world. It was written primarily by American civilian officials during the occupation of Japan after World War II. The constitution provides for a parliamentary system and three branches of government: the legislative, executive, and judicial. It guarantees individual rights, including legal equality, freedom of assembly, association, and speech, due process, and fair trial.
The Meiji Constitution of 1889, which preceded the current constitution, provided for a form of mixed constitutional and absolute monarchy, with the Emperor of Japan as the supreme leader. In contrast, the 1946 constitution reduces the emperor's role to a ceremonial one, with sovereign power resting instead with the people. The constitution explicitly guarantees the fundamental human rights of the people, which include the right to life, liberty, and the pursuit of happiness. These rights are to be maintained by the people, who should refrain from any abuse of these freedoms and use them for the public welfare.
Article 9 of the constitution is particularly noteworthy, as it states that Japan "forever renounces war as a sovereign right of the nation". This clause has been the subject of much debate, as it also prohibits Japan from maintaining military forces. However, Japan has retained a de facto military in the form of the Self-Defense Forces, and there have been controversies over constitutional reform related to this article.
The constitution also establishes the principle of autonomy for local public entities, with significant powers allotted to local assemblies that are elected by direct public vote. Matters such as labor, education, social welfare, health, land preservation, development, disaster prevention, and pollution control are dealt with by these local governing bodies.
Overall, the Constitution of Japan is a foundational document that outlines the country's commitment to democracy, peace, and the protection of individual rights and freedoms. It has played a crucial role in shaping Japan's government and society since its adoption in 1947.
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The Emperor's role
The Constitution of Japan, written in 1946 and adopted in 1947, outlines the role of the Emperor as a symbol of the state and of the unity of the Japanese people. The Emperor's role is largely ceremonial, and he does not hold any powers related to the government.
The Emperor's major responsibilities include appointing the Prime Minister, who is first designated by the National Diet (the legislative branch), and appointing the Chief Justice of the Supreme Court, with the advice and approval of the Cabinet. The Emperor also promulgates amendments to the Constitution, laws, cabinet orders, and treaties, and performs other formalities such as convoking sessions of the Diet and awarding state honours.
The current constitution significantly reduced the Emperor's role compared to the previous Meiji Constitution of 1889, which established a mixed constitutional and absolute monarchy. Under the Meiji Constitution, the Emperor of Japan was the supreme leader and head of state, while the Prime Minister was the actual head of government. The Meiji Constitution provided for a privy council that elected the Prime Minister and a cabinet that was accountable to the Emperor, not the elected members of the Imperial Diet.
The new constitution, drafted after World War II during the Allied occupation of Japan, was designed to establish a parliamentary system with three branches of government: the legislative, executive, and judicial. It shifted the sovereignty from the Emperor to the people, establishing a constitutional monarchy with the Emperor as a figurehead. This change refuted the previous constitutional theory that sovereignty resided in the Emperor.
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Frequently asked questions
Japan's constitution is simply called "The Constitution of Japan".
The Constitution of Japan was written in 1946 and adopted in 1947.
The Constitution of Japan was written primarily by American civilian officials during the occupation of Japan after World War II.
The Meiji Constitution was the previous fundamental law of the Empire of Japan, propagated during the reign of Emperor Meiji (1867-1912).
