Eleanor Finch
The Meiji Constitution, also known as the Constitution of the Empire of Japan, was promulgated by Emperor Meiji on February 11, 1889, and came into effect on November 29, 1890. The Meiji Constitution 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 German and British models, with the Emperor of Japan as the supreme leader.
| Characteristics | Values |
|---|---|
| Date of Promulgation | 11 February 1889 |
| Date of Enforcement | 29 November 1890 |
| Date of Replacement | 3 November 1946 |
| Date of Replacement Enforcement | 3 May 1947 |
| Type of Government | Mixed constitutional and absolute monarchy |
| Influences | Prussian and British models |
| Legislative Power | Emperor with the consent of the Imperial Diet |
| Executive Power | Emperor |
| Judiciary | Independent |
| Electoral Base | Limited to about 5% of the adult male population |
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What You'll Learn
The Meiji Constitution
In theory, the Emperor of Japan was the supreme leader, and the cabinet, which included the Prime Minister, were his followers. However, in practice, the Emperor was the head of state, while the Prime Minister was the actual head of government. The Prime Minister and his Cabinet were not necessarily chosen from the elected members of parliament and were not accountable to them. The Meiji Constitution established a bicameral legislature, the Diet, with two houses. The Upper House, or House of Peers, consisted of members of the Imperial Family, hereditary peerage, and members appointed by the Emperor. The Lower House, or House of Representatives, was elected.
The Emperor had the right to exercise executive authority, including the appointment and dismissal of all government officials, and the sole rights to declare war, make peace, and conclude treaties. The Emperor also had the power to dissolve the lower house of Diet and issue Imperial ordinances in place of laws when the Diet was not in session. The Emperor also had command over the Imperial Japanese Army and Navy. The Diet primarily dictated domestic policy matters, while the Emperor shared foreign policy and diplomatic powers with the elected Imperial Diet.
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The Emperor's role
The Meiji Constitution, or the Constitution of the Empire of Japan, was promulgated by Emperor Meiji on February 11, 1889, and came into effect on November 29, 1890. 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 established Japan as a mixed constitutional and absolute monarchy, based on German and British models.
The Emperor was the head of the Empire, combining in himself the rights of sovereignty, and exercised these rights according to the provisions of the Meiji Constitution. The Emperor shared power with an elected Imperial Diet, which primarily dictated domestic policy matters. The Emperor held the following powers:
- Legislative power with the consent of the Imperial Diet
- Sanctioning laws and ordering their promulgation and execution
- Convoking the Imperial Diet, opening, closing, proroguing, and dissolving the House of Representatives
- Issuing imperial ordinances in place of laws when the Imperial Diet was not sitting, in cases of urgent necessity to maintain public safety or avert public calamities
- Determining the organization of the administration, salaries of civil and military officers, and appointing and dismissing them
- Supreme command of the army and navy, including determining their organization and peace standing
- Declaring war, making peace, and concluding treaties
- Proclaiming a state of siege and determining the conditions and effects of such a state
- Conferring titles of nobility, rank, orders, and other marks of honour
- Ordering amnesty, pardon, commutation of punishment, and rehabilitation
- Exercising executive authority, including the appointment and dismissal of all government officials
- Holding command over the Imperial Japanese Army and Imperial Japanese Navy
- Establishing a Privy Council and a cabinet of Ministers of State who answered to him
The Meiji Constitution also established an independent judiciary and guaranteed certain civil rights and liberties, although these were often subject to limitation by law.
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Rights and duties of Japanese subjects
The Meiji Constitution, also known as the Constitution of the Empire of Japan, was proclaimed on February 11, 1889, and remained in force from November 29, 1890, until May 2, 1947. The Meiji Constitution established a form of mixed constitutional and absolute monarchy, based on German and British political models.
The Meiji Constitution outlined several rights and duties of Japanese subjects, including:
Duties
- Uphold the constitution (as outlined in the preamble)
- Pay taxes (Article 21)
- Serve in the armed forces if conscripted (Article 20)
Rights
- Freedom of movement (Article 22)
- Protection from unjustified restraint (Article 24)
- No punishment without law (Article 24)
- Right to trial before a judge (Article 24)
- Right to privacy and protection from expropriation (Article 26)
- Right to own private property (Article 27)
- Freedom of speech, assembly, and association (Article 29)
- Freedom of religion (Article 28)
- Right to be appointed to civil or military, or any other public office (Article 19)
- Right to present petitions to both houses of the Imperial Diet (Articles 15, 17, 19, 31)
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The Imperial Diet
The Meiji Constitution of 1889, also known as the Constitution of the Empire of Japan, established the foundation for the Imperial Diet, which first convened in 1890. The Meiji Constitution provided for a mixed constitutional and absolute monarchy, drawing influence from German and British models. The organizational structure of the Imperial Diet reflected this, with a House of Representatives as the lower house and a House of Peers as the upper house. The House of Representatives was democratically elected, while the House of Peers consisted of members of the nobility, individuals nominated by the Emperor, and representatives elected by the country's highest taxpayers.
The establishment of the Imperial Diet marked a significant shift in Japan's political history, as it introduced a parliamentary system that integrated elements of Western governance. This development occurred during the Meiji Restoration, a period characterized by Japan's engagement with Western powers and extensive modernization efforts.
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Amendments and replacements
The Meiji Constitution of 1889 remained in force until May 2, 1947. It was replaced by the "Postwar Constitution" on November 3, 1946, which came into effect on May 3, 1947.
The Meiji Constitution 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 Constitution provided for a form of mixed constitutional and absolute monarchy, based on German and British models. In theory, the Emperor of Japan was the supreme leader, but in practice, the Prime Minister was the actual head of government.
During the Allied occupation of Japan, the Supreme Commander for the Allied Powers, US General Douglas MacArthur, directed Prime Minister Kijūrō Shidehara to draft a new constitution. Shidehara created a committee of Japanese scholars to draft the new constitution, but MacArthur later presented his own draft, which was reviewed and modified by the scholars before its adoption. The new constitution was written primarily by American civilian officials and was based on the principles of popular sovereignty, pacifism, and the renunciation of war, and individual rights.
The Meiji Constitution did include provisions for its own amendment. It stated that when it became necessary to amend the Constitution, a project to that effect would be submitted to the Imperial Diet by imperial order. Neither house could open a debate on the amendment unless at least two-thirds of the members were present, and no amendment could be passed without a majority of at least two-thirds of the members present.
However, there is no indication that any amendments were made to the Meiji Constitution before it was replaced by the Postwar Constitution in 1946.
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Frequently asked questions
The Meiji Constitution was the fundamental law of the Empire of Japan. It provided for a form of mixed constitutional and absolute monarchy, based on the Prussian and British models.
The Meiji Constitution established the Emperor of Japan as the head of the Empire, combining in himself the rights of sovereignty. It also provided for a bicameral parliament (the Diet) with an elected lower house and a prime minister and cabinet appointed by the emperor.
The Meiji Constitution provided for a number of qualified rights for Japanese subjects, including freedom of movement, privacy of correspondence, private property, freedom of speech, assembly and association, and freedom of religion.
Japanese subjects had a number of duties under the Meiji Constitution, including upholding the constitution, paying taxes, and serving in the armed forces if conscripted.
The Meiji Constitution was proclaimed on February 11, 1889, and came into effect on November 29, 1890. It remained in force until May 2, 1947, when it was replaced by a new "Postwar Constitution".
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