Isabella Carter
Japan's first written constitution was drafted in 1946 and came into effect on May 3, 1947, while the country was under Allied occupation following World War II. The constitution was primarily written by American civilian officials and military officers, with input from a committee of Japanese scholars. It replaced the Meiji Constitution of 1889, which was deemed flawed for enabling militarists to take control and lead Japan into war. The new constitution established popular sovereignty, pacifism, and the protection of individual rights, while reducing the Emperor's role to a symbolic one.
| Characteristics | Values |
|---|---|
| Date Written | 1946 |
| Date Adopted | 3 November 1946 |
| Date Enacted | 3 May 1947 |
| Author | Written by American civilian officials, including U.S. General Douglas MacArthur, during the occupation of Japan after World War II |
| Previous Constitution | Meiji Constitution of 1889 |
| Number of Articles | 103 |
| Number of Chapters | 11 |
| Basis | Popular sovereignty, pacifism, individual rights, and the Emperor of Japan as the symbol of the state |
| Amendments | None since its inception |
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What You'll Learn
The Meiji Constitution of 1889
The Meiji Constitution was created after the Meiji Restoration of 1868, during which Japan's leaders sought to define the country as a capable, modern nation deserving of Western respect while preserving their own power. The document was largely the work of elder statesman Itō Hirobumi, who called for a bicameral parliament (the Diet) with an elected lower house and a prime minister and cabinet appointed by the emperor.
The Meiji Constitution granted the emperor significant powers, including supreme control of the army and navy, the ability to declare war and make peace, and the authority to appoint and dismiss civil and military officers. The emperor's role was advised by a privy council composed of Meiji elder statesmen, who wielded actual power. The constitution also included voting restrictions, which limited the electorate to about 5% of the adult male population. Over time, these restrictions were loosened, leading to universal male suffrage.
The Meiji Constitution was replaced by a new constitution drafted primarily by American civilian officials during the occupation of Japan after World War II. U.S. General Douglas MacArthur directed Prime Minister Kijūrō Shidehara to form a committee of Japanese scholars to draft a new constitution, but ultimately presented a draft created under his supervision, which was then reviewed and modified by the scholars. The new constitution was adopted on November 3, 1946, and came into effect on May 3, 1947. It included principles such as popular sovereignty, with the emperor as a symbolic figure, pacifism and the renunciation of war, and the protection of individual rights.
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The role of General Douglas MacArthur
MacArthur's draft proposed a unicameral legislature, but this was changed to a bicameral system at the insistence of the Japanese. The most distinctive features of the constitution, however, were retained from MacArthur's draft, including the symbolic role of the Emperor, the emphasis on civil and human rights, and the renunciation of war. MacArthur's influence on the document was substantial, and it reflected his goal of transforming Japan from a militarist, feudal society to a pro-Western modern democracy. He also wanted to ensure that the Emperor, while downgraded to a figurehead, remained as a constitutional monarch to retain control over Japan and aid the US in achieving its objectives.
The inclusion of the "`No-war clause'" in the constitution is also attributed to MacArthur's influence. This clause had a significant impact on Japan's postwar history, as it renounced the country's right to wage war and led to the elimination of all non-defensive armed forces. MacArthur's draft also introduced greater rights and privileges for women, promoted labour unions, and instituted land reform. These changes represented a shift towards a more democratic and peaceful Japan, in line with the Potsdam Declaration's goal of establishing "a peacefully inclined and responsible government".
MacArthur's role in the occupation of Japan extended beyond the creation of the constitution. He oversaw the war crimes tribunals, the demilitarization of the country, and the introduction of political civil liberties. He also played a part in economic reforms, such as breaking up large Japanese business conglomerates (zaibatsu) to transform the economy into a free-market capitalist system. MacArthur's overall objective was to help Japan rebuild and chart a new course, which ultimately contributed to its development as one of the world's leading industrial powers.
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The influence of American political philosophy
The first written constitution of Japan, the Meiji Constitution, was written in 1889. It was preceded by the Seventeen-article Constitution of Prince Shōtoku in the early seventh century, which used Confucian principles to define the political virtues and responsibilities of the emperor, courtly retainers, and the people.
The Meiji Constitution was influenced by Western ideas, including the liberal political ideas of Rousseau and J. S. Mill, which led to an interest in constitutional monarchy. The Meiji Constitution was drafted by Hirobumi Ito and his secretaries, who studied constitutional systems in Europe before drafting the text of the fundamental law. This draft proposed a form of government with many features of the British parliamentary system, which was also reflected in the 1947 Constitution.
Following World War II, the United States played a significant role in shaping Japan's new constitution. General Douglas MacArthur, the Supreme Commander for the Allied Powers, directed Prime Minister Kijūrō Shidehara to draft a new constitution. While Shidehara created a committee of Japanese scholars for this task, MacArthur ultimately presented a draft created under his supervision, which was then reviewed and modified by the scholars. The drafting was primarily done by American army officers with law degrees: Milo Rowell and Courtney Whitney. MacArthur's draft proposed a unicameral legislature, but this was changed to a bicameral one at the insistence of the Japanese.
The 1947 Constitution was based on the principles of popular sovereignty, pacifism, and the renunciation of war, and individual rights. The symbolic role of the Emperor, the prominence of guarantees of civil and human rights, and the renunciation of war were some of the most distinctive features of the new constitution. The process of creating the new constitution involved intricate debate and collaboration between American and Japanese participants.
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The impact on the Emperor's power
The Constitution of Japan, written in 1946, significantly reduced the power of the Emperor, who under the Meiji Constitution of 1889, held supreme political power. The new constitution, drafted primarily by American officials, established 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 proclaimed that "sovereign power resides with the people" and designated the Emperor as the "symbol of the State and of the unity of the people".
The Emperor's role was limited to ceremonial and symbolic functions, with the Cabinet exercising authority in all matters of state. The Emperor's powers related to government were revoked, including legislative and executive powers such as convening the Imperial Diet, sanctioning laws, and declaring war. The Constitution also renounced Japan's right to wage war and maintain military forces, further diminishing the Emperor's authority in military affairs.
The process of drafting the Constitution involved a committee of Japanese scholars, who reviewed and modified the American draft. This collaborative effort aimed to incorporate liberal elements and reduce the concentration of power in the Emperor, reflecting the ideals of popular sovereignty and pacifism. The Emperor's position as the symbol of the State was established, deriving "his position from the will of the people with whom resides sovereign power".
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The ongoing controversy and attempts at revision
The Constitution of Japan, written in 1946 and enacted in 1947, has been the subject of ongoing controversy and attempts at revision since its inception. The document, primarily authored by American civilian officials during the US occupation of Japan following World War II, has faced criticism for its foreign origins and the limited involvement of Japanese scholars in its drafting process.
One of the most contentious aspects of Japan's Constitution is Article 9, which includes provisions that prohibit the use of force, the maintenance of armed forces or "war potential," and the denial of belligerency rights. While Article 9 has been effective in constraining Japanese foreign policy and promoting peace, some have argued that it undermines Japan's ability to defend itself and participate in international alliances effectively.
Attempts to revise the Constitution, particularly Article 9, have been made by conservative and nationalist forces, especially after Japan regained sovereignty in 1952. These efforts aimed to make the document more "Japanese" and align it with traditional values. However, these attempts have faced challenges and have not yet been successful. Former Prime Minister Shinzo Abe, for instance, sought to revise Article 9 but stepped down from office in 2020 before any changes could be implemented.
The ongoing controversy surrounding the Constitution of Japan reflects the complex balance between upholding pacifist ideals and ensuring the country's security and international standing. While some advocate for maintaining the Constitution's renunciation of war and military forces, others argue for revisions that would legitimize Japan's Self-Defense Forces (JSDF) and authorize the use of force for self-defence. The interpretation and potential revision of Article 9 continue to be a subject of debate among Japan's political parties, with the current government interpreting it to mean that Japan cannot possess offensive military weapons.
As global geopolitical tensions rise, the debate surrounding Japan's Constitution remains relevant and pressing. Prime Minister Fumio Kishida has expressed determination to work towards constitutional reform, citing concerns such as the Russian invasion of Ukraine and North Korea's weapons development. The future of Japan's Constitution hangs in the balance as the country navigates the delicate task of preserving peace while adapting to evolving security challenges.
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Frequently asked questions
The first written constitution of Japan was written in 1946 and came into effect on May 3, 1947.
The constitution was primarily written by American civilian officials during the occupation of Japan after World War II. It was drafted by a committee of 24 Americans, both military and civilian, including senior army officers with law degrees: Milo Rowell and Courtney Whitney.
General Douglas MacArthur, the Supreme Commander of the Allied Powers, played a significant role in the constitution-making process. He directed Prime Minister Kijūrō Shidehara to draft a new constitution and, when the initial draft was deemed unacceptable, presented a new draft created under his supervision. MacArthur's draft was influenced by the ideas of Japanese liberals and conformed to the British model of parliamentary government.
The 1947 constitution was a progressive document that granted universal suffrage, stipulated a bill of rights, abolished peerage, and outlawed Japan's right to make war. It also stripped Emperor Hirohito of all but symbolic power, establishing the Emperor as the symbol of the state and the unity of the people.
