Eleanor Finch
The German and Japanese Constitutions both include provisions regarding education, reflecting its importance in these societies. In Germany, education is a matter of sovereignty for individual states, with the Basic Law granting educational autonomy to state governments. This has resulted in varying school systems, and some states, like Lower Saxony, have codified a right to education in their constitutions. Japan's current Constitution of 1946 also includes the right to education, aiming for equal educational opportunities for all. Both countries have laws and regulations that shape their educational landscapes, with Germany focusing on quality teaching and Japan emphasizing equal access and the development of democratic values.
| Characteristics | Values |
|---|---|
| Right to education | All people have the right to receive an equal education corresponding to their ability, as provided by law. |
| Compulsory education | Basic education is compulsory for nine years. |
| Tuition fees | No tuition fees are charged for compulsory education in schools established by national and local governments. |
| Financial assistance | National and local governments must provide financial assistance to those who encounter economic difficulties in receiving education. |
| Political neutrality | Political education is forbidden in Japanese public schools. |
| Patriotism and tradition | The importance of patriotism, community spirit, and regard for Japanese traditions and culture is emphasized. |
| Educational reform | The Fundamental Law of Education represents a means of education reform, replacing the pre-World War II Imperial Rescript on Education. |
| Aims and principles | The Basic Act on Education sets forth the aims and principles of education in accordance with the spirit of the Constitution. |
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What You'll Learn
The Japanese Constitution and the right to education
Article 26 of the 1946 Constitution states that "All people shall have the right to receive an equal education correspondent to their ability, as provided by law." This article guarantees equal access to education for all Japanese citizens, ensuring that compulsory education is free and provided by the national and local governments.
The Basic Act on Education, promulgated in 1947 and revised in 2006, expands on the principles outlined in the Constitution. It emphasizes equal opportunity, compulsory education, co-education, and the prohibition of partisan political and religious education in public schools. The Act aims to foster the full development of students' personalities, encouraging creativity, autonomy, and a respect for truth and justice.
The School Education Act, also enacted in 1947, specifies that compulsory education lasts for nine years and is provided free of charge in schools established by national and local governments. This Act ensures that all children under the protection of Japanese citizens receive ordinary education as outlined by law.
The Japanese Constitution and its associated laws reflect the country's commitment to education reform and the belief that education is a fundamental right. By including these provisions in the Constitution, Japan has prioritized education as a cornerstone of its democratic society, aiming to nurture citizens who are well-rounded, informed, and empowered.
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The Basic Act on Education
Article 5 of the Act outlines the obligation of those with children under their protection to ensure they receive a general education, while Article 16 emphasizes the importance of educational freedom and fairness, with appropriate role-sharing and cooperation between national and local governments.
The Act also addresses the role of universities, which are to contribute to the development of society by cultivating advanced knowledge and specialized skills. Additionally, it acknowledges the need for financial assistance for those who face economic barriers to education.
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Political neutrality in education
The Japanese Constitution sets forth the national educational policy, which includes the right to equal education for all, compulsory education for nine years, and the prohibition of partisan political education in schools. The Basic Act on Education, enacted in 1947, further details the aims and principles of education, emphasizing the development of the individual and the promotion of peace and democracy.
In 1954, the Japanese government passed a law to ensure "political neutrality" in public schools, aiming to curb the political activity of the Japan Teachers Union. This law has been interpreted and applied in various ways, such as when Prime Minister Junichiro Koizumi refused to accept a petition from high school students against the deployment of troops to Iraq, citing the prohibition on political education.
The Fundamental Law of Education, created under the auspices of SCAP and enacted by the Imperial Japanese Diet, represents a radical reform of education. While there were debates about including provisions regarding education in the Constitution, the Minister of Education at the time, Kōtarō Tanaka, proposed a separate law. The new law aimed to move away from pre-World War II Confucianist thought and promote a democratic and multicultural society.
The Basic Act on Education has undergone revisions, with the most recent version enacted in 2006. This version emphasizes the inheritance of tradition and community spirit, while still valuing individual dignity and creativity. It also establishes the "Basic Plan for the Promotion of Education," which outlines policies and measures to promote education.
In Germany, the education system is highly decentralized, with each state (Bundesland) having its own education ministry and curriculum. While there may be general discussions about political neutrality in education, the specific laws and policies regarding education's political affiliation vary by state. The German Constitution, or Basic Law, does not include specific provisions on education but rather guarantees the right to education as a human right.
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Education reform in Japan
Japan's former constitution, the Constitution of the Empire of Japan of 1889, did not include a provision on the right to education. However, the Meiji government established a new education system under the 1890 Education Rescript, which provided the guiding principle for Japan's education until the end of World War II. The current Constitution of Japan (1946) includes Article 26, which guarantees all people "the right to receive an equal education correspondent to their ability, as provided by law".
The Basic Act on Education, based on the Constitution, sets forth the aims and principles of education in more detail. It states that compulsory education lasts for nine years and that national and local governments are responsible for implementing and funding it. It also obligates governments to provide financial assistance to those who struggle financially.
Japan has a history of educational reform, with the Basic Act on Education being revised multiple times. In 1954, a law was passed to ensure "political neutrality" in public schools. In 2006, the Cabinet drafted a reformed version of the Basic Act on Education, adding phrases like "community spirit" and "the inheritance of tradition".
In recent years, there has been a push for educational reforms to address concerns about a lack of creativity, independence, and lifelong learning among Japanese students. In 2011, a new comprehensive guide to elementary education was implemented, aiming to maintain the benefits of previous reforms while increasing academic rigour.
The educational reforms implemented in the 2020 academic year brought significant changes, including a shift to flexible learning formats, the promotion of STEM education, and revisions to evaluation methods. English education in elementary schools was also reformed, with the subject being introduced in grades 5 and 6. These reforms aim to foster self-directed learning, critical thinking, and problem-solving skills.
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German and Japanese education post-WWII
The Japanese and German Constitutions include provisions on education as both countries' educational systems were blamed for contributing to WWII by teaching students to blindly accept authority. Post-WWII, Japan's educational curriculum was altered to reflect its new status as a "peace state", removing war glorification from textbooks. The U.S. occupation of Japan from 1945 to 1952 also led to demilitarization and democratization in the country's education system.
Japan's current Constitution of 1946 includes Article 26, which states that all people shall have the right to receive an equal education corresponding to their ability, as provided by law. The Basic Act on Education, enacted in 1947, states that compulsory education is for nine years and that national and local governments are responsible for implementing it through appropriate role-sharing and mutual cooperation. No tuition fees are charged for compulsory education in schools established by national and local governments. The Basic Act on Education also obligates governments to provide financial assistance to those who face economic difficulties in receiving an education.
In the postwar era, Japan's Ministry of Education guided the development of egalitarian and efficient schooling. Initially, a progressive curriculum emphasizing child interest was introduced from the U.S., but it was replaced in the early 1960s with a discipline-centred curriculum to improve academic achievement, moral education, and technical and vocational education. The postwar educational administration was organized into a three-tiered structure, with national, prefectural, and municipal components under the supervision of the Ministry of Education, which had authority over curricular standards, textbooks, and school finance.
In the 1950s, there was a push for "political neutrality" in Japanese public schools, with the government passing a law in 1954 to curb the political activity of the leftist Japan Teachers' Union. However, this also led to criticism of Prime Minister Junichiro Koizumi, who refused to accept a petition against the deployment of troops to Iraq, citing the prohibition on political education.
In Germany, the treatment of the Holocaust in education is a controversial issue, with educators seeing their role as creating an informed and active citizenry through education as the foundation of political democracy. Similarly, in Japan, the teaching of the country's role in WWII and the sexual slavery system during the Asia-Pacific War is challenging. Textbook authors and teachers face the daunting task of addressing these controversial topics in a way that satisfies everyone.
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Frequently asked questions
The German constitution outlines the country's educational system, which is a mix of denominational public schools and private schools. The Basic Law, adopted in 1949, states that education will be supervised by the national government but is the responsibility of individual German states. The Weimar Constitution banned private Vorschules, which were another type of primary school, as they were seen as an unjustified privilege. The German Constitution also abolished homeschooling and guarantees the separation of church and state, making compulsory school prayers and compulsory attendance at religious services in state schools unconstitutional.
The Japanese constitution outlines the country's commitment to providing equal educational opportunities for all. The Basic Act on Education, enacted in accordance with the spirit of the Constitution of Japan, aims to establish the foundations of education and promote an education that opens the way to the country's future. It sets forth the aims and principles of education, emphasizing the full development of the individual character, fostering democratic values, and promoting lifelong learning.
The German constitution emphasizes educational autonomy for state governments, resulting in varying school systems across states. On the other hand, the Japanese constitution focuses on providing equal opportunities in education, compulsory education, and religious and political neutrality in schools.
Both constitutions recognize the importance of education and strive to provide equal opportunities for their citizens. They both have provisions for compulsory education, with Germany having a long history of compulsory education dating back to 1592 in the German Territory of Pfalz-Zweibrücken. Additionally, both countries' constitutions allow for private schools, with Germany's constitution specifically allowing religious private schools.
