Malcolm Rivera
The Japanese Constitution was written in 1946 and adopted in 1947, while Japan was under Allied occupation following World War II. The document consists of a preamble and 103 articles grouped into 11 chapters, and it is based on the principles of popular sovereignty, pacifism, and the renunciation of war, and individual rights. One of the most notable requirements in the Japanese Constitution is Article 9, which states that the Japanese people forever renounce war as a sovereign right of the nation and pledge to not maintain armed forces with war potential. This article was added during the Allied occupation to prevent Japan from rearming in the post-World War II period.
| Characteristics | Values |
|---|---|
| Date written | 1946 |
| Date adopted | 3 November 1946 |
| Date came into effect | 3 May 1947 |
| Length | 5,000 words |
| Number of articles | 103 |
| Number of chapters | 11 |
| Language | Modern colloquial Japanese |
| Authors | American civilian officials, including senior army officers Milo Rowell and Courtney Whitney, with input from Japanese scholars |
| Key principles | Popular sovereignty, pacifism and renunciation of war, individual rights |
| Key figures | Supreme Commander for the Allied Powers General Douglas MacArthur, Prime Minister Kijūrō Shidehara |
| Amendments | Article 9 was amended by the House of Representatives |
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What You'll Learn
The Emperor's symbolic role
The role of the emperor of Japan has historically alternated between a largely ceremonial symbolic role and that of an actual imperial ruler. The current constitution of Japan, written in 1946 and adopted in 1947, outlines the emperor's role as a symbol of the state and of the unity of the people. This symbolic role is one of the constitution's most distinctive features.
The emperor is considered to derive his position from the will of the people, with the people holding sovereign power. The emperor's responsibilities are limited to performing acts in matters of state as delineated by the constitution, and he does not have even nominal powers related to the government. The emperor's acts are exercised in accordance with the binding advice and consent of the Cabinet, which is collectively responsible to the Diet and, in turn, the electorate.
The emperor enjoys certain rights in the conduct of state business, including the right to be consulted before acting on ministerial advice, the right to encourage a given policy or course of administrative action, and the right to warn the Cabinet against a given policy or course of action. The emperor's fundamental role is to perform important representational functions, personifying the democratic state, sanctioning legitimate authority, ensuring the legality of his official acts, and guaranteeing the execution of the public will.
The emperor's role serves two main purposes: to uphold the continuity and stability of Japanese democracy, and to foster a shared national identity and cultural heritage that transcends party politics. To maintain his institutional neutrality, the emperor is barred from making political statements.
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Renunciation of war
The Japanese Constitution was written in 1946 and adopted in 1947, during the Allied occupation of Japan following World War II. It was primarily drafted by American officials, including two senior army officers with law degrees: Milo Rowell and Courtney Whitney, under the supervision of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers. The constitution was then reviewed and modified by a committee of Japanese scholars before its adoption.
One of the key features of the Japanese Constitution is its renunciation of war. This is enshrined in Article 9, which states: "Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right." This article also affirms that Japan will never maintain land, sea, or air forces, nor any other war potential, and that the right of belligerency of the state will not be recognized.
The inclusion of this renunciation of war in the Japanese Constitution was a direct response to the events of World War II. The Meiji Constitution of 1887 was criticised for enabling militarists to take control and lead Japan into war. As such, the Potsdam Declaration, which set the terms for Japan's surrender and reconstruction, required that Japan remove all obstacles to democracy and ensure basic freedoms and rights. This included dismantling Japan's ability to make war, disarming its military, and prohibiting military industries.
The renunciation of war in the Japanese Constitution has been a subject of debate and controversy. Some scholars argue that it denies Japan the right to self-defence, which is recognised by international law. However, the Japanese government has interpreted the constitution as not prohibiting self-defence, and the country maintains a Self-Defense Force for this purpose. Nonetheless, the principle of pacifism and the renunciation of war as a means of settling disputes remain fundamental aspects of Japan's postwar identity and constitutional law.
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Equality between men and women
The Japanese Constitution, written in 1946 and adopted in 1947, was drafted primarily by American civilian officials during the occupation of Japan after World War II. It consists of a preamble and 103 articles grouped into 11 chapters.
The constitution is based on the principles of popular sovereignty, pacifism and the renunciation of war, and individual rights. One of the key requirements written into the constitution is equality between men and women. This was largely influenced by Beate Sirota Gordon, an Austrian and American performing arts presenter and women's rights advocate. Sirota Gordon played an integral role in drafting the language regarding legal equality between men and women in Japan.
Article 14 of the Japanese Constitution states that "all citizens of Japan are equal under the law and shall not be discriminated against in political, economic, or social relations on the basis of sex." This article forms the basis for laws such as the Basic Act for a Gender Equal Society, which requires the state and local public entities to take steps towards creating a gender-equal society, and the Act on Securing of Equal Opportunity and Treatment Between Men and Women in Employment, which prohibits employers from discriminating based on gender.
Article 24 of the Constitution further reinforces equality between men and women by stating that marriage can only be formed through the mutual consent of both sexes and must be maintained through the mutual cooperation of husband and wife, with equal rights under the law. This article also addresses matters such as choice of spouse, property rights, inheritance, choice of domicile, and divorce, emphasising the essential equality of the sexes in these areas.
The inclusion of these articles in the Japanese Constitution marked a significant shift towards greater freedom, equality, and higher status for women in Japanese society. It empowered women with legal rights and protections, challenging traditional gender expectations and societal norms. Despite progress, challenges remain, and modern policy initiatives continue to strive for full economic equality and the elimination of occupational segregation and income disparities between men and women.
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Popular sovereignty
Article 1 of the Japanese Constitution explicitly mentions popular sovereignty, stating, "The Emperor shall be the symbol of the State and of the unity of the people, deriving his position from the will of the people with whom resides sovereign power." This article underscores the symbolic role of the Emperor, highlighting that their position is derived from the people's will. It reinforces the understanding that the people are the true source of power and authority in the nation.
The concept of popular sovereignty in Japan goes beyond mere theoretical or symbolic expression. It has practical implications for the nation's governance and legal system. One key manifestation of this is the right of the people to elect their representatives and participate in the political process. The Constitution guarantees various freedoms and rights, including freedom of speech, assembly, and association, which enable the people to engage in political discourse, organize, and influence decision-making.
Additionally, the Constitution provides mechanisms for direct participation by the people in certain decision-making processes. For example, Article 95 of the Constitution addresses the requirement for a local referendum. It states that when a special law is passed affecting the local self-government of a locality, the law shall not become effective unless approved by a majority of the votes cast in a referendum by the locals. This provision ensures that the people have a direct say in decisions that specifically affect their local communities.
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Human rights
The Japanese Constitution, written in 1946 and adopted in 1947, was drafted primarily by American civilian officials during the occupation of Japan after World War II. It consists of a preamble and 103 articles grouped into 11 chapters.
The constitution guarantees fundamental human rights to the people, which are to be conferred upon the people of this and future generations as "eternal and inviolate rights". These rights include the right to life, liberty, and the pursuit of happiness. The people are also guaranteed freedom and rights, which they must maintain and not abuse, using them responsibly for the public welfare. All people are to be respected as individuals, and their rights are to be the supreme consideration in legislation and governmental affairs.
The constitution also includes articles on equality between men and women, the right to sue the state for the tort of officials, the right to sue the state for wrongful detention, and the right to amend the constitution. The conditions for being a Japanese national are also outlined, stating that these are to be determined by law.
The Japanese Constitution's emphasis on human rights and civil liberties reflects the Allied goal of democratizing Japan and ensuring basic freedoms and rights, as outlined in the Potsdam Declaration.
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Frequently asked questions
The Japanese Constitution is approximately 5,000 words long. It consists of a preamble and 103 articles grouped into 11 chapters.
The Japanese Constitution is based on the principles of popular sovereignty, pacifism and the renunciation of war, and individual rights. The Emperor is the symbol of the state and of the unity of the people, deriving his position from the will of the people. The people are guaranteed fundamental human rights, including the right to life, liberty, and the pursuit of happiness.
The Japanese Constitution was primarily written by American civilian officials during the occupation of Japan after World War II. U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers, directed prime minister Kijūrō Shidehara to draft a new constitution, which was then reviewed and modified by Japanese scholars before its adoption.
Yes, the Japanese Constitution can be amended. A constitutional amendment would require a two-thirds majority and a referendum to pass. Despite numerous attempts by the LDP to change Article 9, which pertains to the renunciation of war, they have never been able to achieve the large majority required.
