Omar Bennett
The Japanese Constitution of 1889, also known as the Meiji Constitution, 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 and provided for a mixed constitutional and absolute monarchy, based on Prussian and British models. The Meiji Constitution established a bicameral parliament (the Diet) with an elected lower house and an unelected upper house of peers, consisting of members of the imperial family and nobility. It also created an independent judiciary and granted citizens fundamental legal rights, such as freedom of speech, religion, and assembly, as well as the right to privacy and property ownership. The Meiji Constitution remained in force until 1947, when it was replaced by a more liberal constitution during the Allied occupation of Japan following World War II.
| Characteristics | Values |
|---|---|
| Date of creation | 11 February 1889 |
| Date of enactment | 29 November 1890 |
| Date replaced | 2 May 1947 |
| Type of government | Mixed constitutional and absolute monarchy |
| Sovereignty | Emperor of Japan |
| Legislative power | Emperor with consent of Imperial Diet |
| Executive power | Emperor |
| Control of army and navy | Emperor |
| Voting rights | Limited to around 1.1%–5% of the population |
| Civil rights | Freedom of religion, speech, assembly, association, movement; right to privacy, property, and trial by judges |
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What You'll Learn
To establish Japan as a modern nation
The Meiji Constitution of 1889 was a significant step in establishing Japan as a modern nation. It was enacted after the Meiji Restoration in 1868, marking Japan's transition from an isolated feudal state to a modern nation-state. The constitution was promulgated by Emperor Meiji on February 11, 1889, and came into effect on November 29, 1890, coinciding with the National Foundation Day of Japan.
One of the key aspects of the Meiji Constitution was its establishment of a clear governmental structure. It provided for a mixed constitutional and absolute monarchy, modelled after the German and British political systems. The Emperor of Japan was recognised as the head of state, combining the rights of sovereignty and holding supreme executive authority. He governed with the advice of his ministers, including the power to appoint and dismiss government officials. The constitution also established a legislature, known as the Diet, with two houses: the elected lower House of Representatives and the upper House of Peers, resembling the British House of Lords.
The Meiji Constitution granted citizens fundamental rights and liberties, including freedom of movement, privacy of correspondence, private property, freedom of speech, assembly, and religion, within certain limitations. It also asserted the duties of Japanese subjects, such as paying taxes and serving in the armed forces if conscripted. The right to be appointed to civil or military offices and the protection from unjustified restraint were also outlined in the constitution.
The Meiji Constitution played a crucial role in shaping Japan's political landscape and modern identity. It facilitated democratic elections and introduced a system of checks and balances by establishing an independent judiciary. The constitution aimed to define Japan as a capable, modern nation deserving of Western respect while preserving the power of the Emperor and the country's unique cultural and political identity. The Meiji Constitution remained in force until 1947, when it was replaced by a more liberal constitution drafted during the Allied occupation of Japan following World War II.
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To define the role and power of the Emperor
The Meiji Constitution of 1889 defined the Emperor of Japan as the head of state and the supreme leader, combining in himself the rights of sovereignty. The Emperor was also the head of the Empire, with the right to exercise executive authority. The constitution granted the Emperor the supreme command of the Imperial Japanese Army and Navy, as well as the power to declare war, make peace, and conclude treaties. The Emperor could also dissolve the lower house of the Diet, issue Imperial ordinances in place of laws when the Diet was not in session, and appoint and dismiss government officials.
The Emperor was seen as sacred and inviolable, and the constitution emphasised the duty of allegiance to him. The Emperor was also responsible for determining the organisation of the different branches of the administration and the salaries of civil and military officers. The Emperor conferred titles of nobility, rank, and honours, and had the power to order amnesty, pardon, and rehabilitation.
While the Emperor held significant power, the Meiji Constitution also placed some limits on his role. The constitution established a form of mixed constitutional and absolute monarchy, with the Prime Minister and Cabinet exercising power independently of the Emperor. The Emperor governed with the advice of his ministers, and the Prime Minister was the head of government. The Meiji Constitution also created an independent judiciary, providing for civil rights and liberties, such as freedom of speech, religion, and assembly, which were subject to limitation by law.
The role and power of the Emperor under the Meiji Constitution were further shaped by the influence of the genrō, an inner circle of advisors who wielded considerable power. The constitution also established a legislature, the Diet, with two houses. The Upper House, or House of Peers, included members of the Imperial Family, the hereditary peerage, and members appointed by the Emperor.
Overall, the Meiji Constitution of 1889 defined the Emperor as the ultimate source of sovereignty, with broad powers over the military, foreign affairs, and the administration, while also establishing some limits on his authority and providing for the rights and liberties of Japanese citizens.
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To outline the rights and duties of Japanese subjects
The Meiji Constitution of 1889 was the fundamental law of the Empire of Japan. It outlined the rights and duties of Japanese subjects, with the Emperor as the head of state and the leader of the Empire.
The Constitution provided for a form of mixed constitutional and absolute monarchy, modelled after the governments of Germany and Britain. While the Emperor was the supreme leader, the Prime Minister was the head of the government. The Emperor had the right to exercise executive authority, appoint and dismiss government officials, and command the army and navy.
Japanese subjects were granted certain rights under the Meiji Constitution, including the right to freedom of movement, privacy of correspondence, private property, freedom of speech, assembly, and association. They also had the right to be appointed to civil or military offices and the right to a trial before a judge. However, these rights were qualified, and subjects also had corresponding duties, such as upholding the Constitution, paying taxes, and serving in the armed forces if conscripted.
The Meiji Constitution established an independent judiciary and granted citizens fundamental legal rights that they had not previously held. It also created a national legislature, the Diet, which was composed of an upper and lower house. The upper house, or House of Peers, consisted of members of the Imperial Family, the hereditary peerage, and members appointed by the Emperor. The lower house, or House of Representatives, was elected.
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To create a national legislature
The Meiji Constitution, which was enacted in 1889, established a national legislature called the Diet. The organizational structure of the Diet was influenced by both Prussian and British political systems. The Diet was a bicameral parliament with an elected lower house, known as the House of Representatives, and an upper house, known as the House of Peers. The House of Peers consisted of members of the Imperial Family, the hereditary peerage, and members appointed by the Emperor.
The Emperor played a significant role in the functioning of the Diet. He had the power to convoke, open, close, prorogue, and dissolve the House of Representatives. The Emperor also held supreme command of the Army and Navy, and had the sole right to declare war, make peace, and conclude treaties. Additionally, the Emperor could issue imperial ordinances in place of laws when the Diet was not in session, further solidifying his authority.
The Meiji Constitution provided for a form of mixed constitutional and absolute monarchy, with the Emperor as the head of state and the Prime Minister as the actual head of government. The Prime Minister and their cabinet were not necessarily chosen from the elected members of parliament, and they were not accountable to the elected representatives of the Diet. Instead, the cabinet members stood outside the legislative system, and the Prime Minister was appointed by the Emperor.
The establishment of the Diet as the national legislature was a significant step towards constitutionalism and democracy in Japan. It provided a framework for representative governance and enabled democratic elections, even though the franchise was initially limited to a small percentage of the male population. Over time, voting restrictions were loosened, eventually leading to universal male suffrage.
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To establish an independent judiciary
The Meiji Constitution, or the Constitution of the Empire of Japan, was promulgated by Emperor Meiji on 11 February 1889. It was enacted after the Meiji Restoration in 1868 and remained in force from 29 November 1890 until 2 May 1947.
The Meiji Constitution established an independent judiciary, which was one of the crowning political achievements of Japan in the late 1800s. The judiciary system was established alongside a national legislature, known as the Diet, which reflected both Prussian and British influences. The organizational structure of the Diet included a lower house, the House of Representatives, and an upper house, the House of Peers.
The Meiji Constitution provided for a form of mixed constitutional and absolute monarchy, with the Emperor as the head of state and the supreme leader. The Emperor governed the empire with the advice of his ministers and had the right to appoint and dismiss government officials. The Constitution also established the right of citizens to a trial before a judge, which was one of the fundamental legal rights granted to citizens that they had not previously held.
The Constitution asserted the duties of Japanese subjects, including the duty to uphold the Constitution, pay taxes, and serve in the armed forces if conscripted. It also provided for a number of qualified rights, such as freedom of movement, privacy of correspondence, and private property, which were subject to limitation by law.
The Meiji Constitution was replaced by a more liberal document, the "Postwar Constitution", during the Allied occupation of Japan following World War II.
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Frequently asked questions
The Meiji Constitution was created to establish Japan as a modern nation deserving of Western respect while preserving the power of the Emperor and the country's leaders.
The Meiji Constitution provided for a mixed constitutional and absolute monarchy, with the Emperor as the head of state and the Prime Minister as the head of government. It established a bicameral parliament (the Diet) with an elected lower house, and granted the Emperor supreme control of the army and navy. It also created an independent judiciary and guaranteed certain civil rights and civil liberties to citizens, such as freedom of speech, religion, and assembly.
The Meiji Constitution placed sovereignty in the Emperor, making him the sacred and inviolable head of the Empire. It granted him the power to appoint and dismiss government officials, declare war, make peace, and conclude treaties, dissolve the lower house of the Diet, and issue imperial ordinances. However, it also established clear limits on his power, providing for a legislature (the Diet) that had some authority over the Emperor.
