Simone Lawson
After World War II, Japan's constitution was rewritten under the leadership of the United States, the primary victor and occupier of the nation. General Douglas MacArthur, the Supreme Commander of the Allied Powers, was tasked with rebuilding Japan and enacting widespread military, political, economic, and social reforms. The new constitution, which came into force on May 3, 1947, was largely drafted by MacArthur and his staff, with input from the Japanese Emperor Hirohito and government. It introduced significant changes, including the demilitarization of Japan, the downgrading of the Emperor's status, the promotion of democratic principles, and the protection of civil liberties and human rights.
| Characteristics | Values |
|---|---|
| Country that helped Japan write its constitution after WWII | United States of America |
| Commander of Allied forces in the Southwest Pacific theater from 1942 to 1945 | General Douglas MacArthur |
| Date of Japan's surrender | September 2, 1945 |
| Date new constitution came into force | May 3, 1947 |
| Date draft constitution was submitted to the Prime Minister's Office | December 26, 1945 |
| Date draft constitution was submitted to the Japanese government | February 13, 1946 |
| Date new constitution was endorsed in popular elections | April 10, 1946 |
| Date new constitution was promulgated by the Diet | November 3, 1946 |
| Old constitution | 1889 Meiji Constitution |
| New constitution guaranteed | Equality before the law |
| Universal adult suffrage | |
| Democratic elections | |
| Protection against self-incrimination |
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What You'll Learn
The US-led occupation of Japan
The second phase, from 1947 to 1950, saw the emergence of an economic crisis in Japan and concerns about the spread of communism. This period, known as the "reverse course," shifted the focus to the economic rehabilitation of Japan. SCAP implemented tax reforms, controlled inflation, and addressed the shortage of raw materials. The outbreak of the Korean War in 1950 provided an opportunity for Japan to become the principal supply depot for UN forces, aiding its economic recovery.
The third phase, beginning in 1950, focused on securing a formal peace treaty and alliance with Japan. The US perception of international threats had changed, and the idea of a re-armed Japan was no longer alarming. Instead, the focus shifted to countering the spread of communism in Asia. The final agreement allowed the US to maintain its military bases in Japan and promised a bilateral security pact.
During the occupation, the US played a significant role in drafting Japan's new constitution, often referred to as the "MacArthur Constitution." This constitution replaced the 1889 Meiji Constitution and introduced fundamental changes, including declaring sovereignty rested with the people rather than the emperor, who was reduced to a figurehead role. It granted universal suffrage, protected civil liberties, and outlawed peerage and Japan's right to wage war. The constitution also included provisions for equality before the law, protection against self-incrimination, and democratic elections.
The US occupation also brought significant changes to Japan's education system, incorporating junior and senior high schools similar to those in the US. "Moral training" was abolished, and instruction in democratic ideas was introduced. Control of education and textbook censorship were transferred from the central government to local administrations. These reforms aimed to instill democratic values in Japanese children and promote a better understanding of democracy among the Japanese people.
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The Constitution Study Group
The Study Group submitted their draft to the Prime Minister's Office on 26 December 1945. This draft included the concept of popular sovereignty, a principle fundamental to American political philosophy, where ultimate power resides in the people. The inclusion of this principle in the draft constitution established popular sovereignty within Japan, with sections on human rights underscoring it.
When the Japanese leaders received the American draft, they translated it into Japanese. Notably, the translators omitted the American-authored preamble, which asserted popular sovereignty. When required to reinsert the concept, the translators used the archaic word "shiko", which means "supreme height". This term was out of use in 1940s Japan and did not convey the intended meaning of popular sovereignty to Japanese readers.
Since its implementation, Japan's 1947 Constitution has been the subject of debate and attempted revisions. Researchers and scholars have re-examined the constitution's origins, highlighting the intricate debate and collaboration between Japanese and American stakeholders. Attempts to revise the constitution by conservatives and nationalists after 1952 faced challenges due to the difficulty of amending the document and opposition from parties supporting the constitutional status quo.
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The role of Emperor Hirohito
The United States, leading the Allies, played a significant role in the occupation and rehabilitation of Japan after World War II. General Douglas MacArthur led a seven-year occupation that aimed to demilitarize, democratize, and rebuild the nation. One of the most important reforms carried out by the US occupation was the establishment of a new constitution for Japan, which replaced the 1889 Meiji Constitution.
Emperor Hirohito, before World War II, was officially regarded as Japan's absolute ruler and a quasi-divine figure. He was persistent in the idea that the Emperor of Japan should be considered a descendant of the gods. However, in 1946, he was pressured by the Allies into renouncing his divinity. Under the new constitution drafted by US officials, his role as emperor was redefined in 1947 as a symbol of the state and of the unity of the people, stripping him of all but symbolic power.
Initially, Emperor Hirohito was extremely reluctant to replace the Meiji Constitution with a more liberal document. However, he eventually supported MacArthur's constitution as it at least preserved the emperor. Hirohito also feared indictment as a war criminal, and MacArthur believed that a cooperative emperor would facilitate a peaceful occupation and help achieve other US postwar objectives. MacArthur excluded any evidence from the Tokyo War Crimes Tribunal that could have incriminated Hirohito or other members of the royal family.
The new constitution, which came into effect on May 3, 1947, was widely publicized and enthusiastically discussed by the Japanese people. It granted universal suffrage, stipulated a bill of rights, abolished peerage, and outlawed Japan's right to wage war. It was considered by MacArthur to be "the most liberal constitution in history".
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The Meiji Constitution
The Meiji Restoration, which ended the shogunate and restored imperial rule, set the stage for this constitutional development. Determined to transform Japan into a strong and modernized nation, the new government recognized the need for a constitution that reflected contemporary international standards. To achieve this, they studied the political systems of countries like Britain, France, and Germany, seeking to understand the underlying principles of their success.
Drafting of the constitution began in 1880, led by Ito Hirobumi, a prominent Japanese statesman. Hirobumi headed a mission to Europe in 1882 to study Western legal systems firsthand. The resulting constitution drew heavily from these influences, particularly the Prussian constitution, which emphasized a strong central government and a hierarchical administrative structure.
While the Meiji Constitution introduced elements of democracy, it fell short of establishing a full-fledged democratic system. The Emperor retained significant authority, including the power to appoint and dismiss ministers, approve laws, and command the army and navy. Moreover, the constitution's emphasis on patriarchy and the superiority of the state limited individual rights and freedoms.
In the post-World War II era, with the defeat and occupation of Japan, the Meiji Constitution was replaced by a new constitution drafted with the guidance of the United States. This new constitution, enacted in 1947, introduced a more democratic system, guaranteeing fundamental human rights and establishing a more balanced distribution of power between the branches of government.
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The no-war provision
The United States, leading the Allies, played a significant role in the occupation and rehabilitation of Japan after World War II. General Douglas MacArthur, the Supreme Commander of the Allied Powers, oversaw the implementation of widespread reforms, including the creation of a new constitution for Japan. This constitution, which came into effect on May 3, 1947, was drafted primarily by American civilian officials and included a provision known as the "no-war" clause or Article 9.
Article 9 of the Japanese Constitution is a pacifist clause that prohibits Japan from engaging in war and maintaining military forces. The article has three key elements: the prohibition of the use of force, the ban on maintaining armed forces or "other war potential", and the denial of the rights of belligerency. This article has had a significant impact on Japanese foreign policy, preventing the country from using force or engaging in armed conflict since its promulgation. For example, during the Gulf War, Japan was limited to providing financial assistance to the US-led coalition due to Article 9's constraints.
The inclusion of Article 9 in the Japanese Constitution was influenced by the Allies' desire to prevent the remilitarization of Japan and promote fundamental changes in its political system. The "no-war" provision stripped Emperor Hirohito of his power as Japan's absolute ruler and reduced the country's military to defensive forces only. MacArthur, who had been the defender of the Philippines from 1941 to 1942 and commanded Allied forces in the Southwest Pacific theater during the war, was determined to transform Japan's economy into a free-market capitalist system and implement democratic reforms.
While some have praised Article 9 for promoting peace and constraining Japan's military capabilities, it has also faced criticism and attempts at revision. Some Japanese conservatives and nationalists have sought to revise the article, arguing that it is too restrictive and no longer aligns with the country's changing defense needs. However, these attempts have faced challenges due to the difficulty of amending the constitution and opposition from parties supporting the constitutional status quo. Additionally, public opinion polls have shown strong support for retaining the "no-war" provision, even as bitter wartime memories fade.
The "no-war" provision in Japan's constitution, influenced by the Allied occupation and MacArthur's leadership, has had a lasting impact on the country's foreign policy and commitment to pacifism. While debates and interpretations of Article 9 continue, it remains a central feature of Japan's constitution and a symbol of its post-war transformation.
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Frequently asked questions
The United States, led by General Douglas MacArthur, played a significant role in drafting Japan's postwar constitution. MacArthur and his staff prepared the draft, which was then submitted to the Japanese government.
The new constitution, which came into effect on May 3, 1947, introduced several important changes. It granted universal suffrage, stripped Emperor Hirohito of power, established a bill of rights, abolished peerage, and included a no-war clause, prohibiting Japan from waging war.
The Allies sought to punish and reform Japan for its past militarism and expansionism. The Meiji Constitution of 1889 was viewed as flawed, enabling militarists to lead Japan into war. The Potsdam Declaration, which set the terms for Japan's surrender and reconstruction, called for the removal of obstacles to democracy and the protection of fundamental rights and freedoms.
Emperor Hirohito supported the new constitution as it preserved his role, but many conservatives in the government were less enthusiastic. Postwar leaders and elites resisted changes to the Meiji Constitution, while common Japanese people played a supportive role in the constitution-making process.
