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The Constitution of the Empire of Japan (Kyūjitai: 大日本帝國憲法 Shinjitai: 大日本帝国憲法 Dai-Nippon Teikoku Kenpō?), more commonly known as the Imperial or Meiji Constitution, was the fundamental law of the Empire of Japan from 29 November 1890 until 2 May 1947. Kyūjitai (in Shinjitai: ja 旧字体 in Kyūjitai 舊字體 meaning "old character form" is the traditional form of the Japanese Kanji used before Shinjitai (in Shinjitai ja [[wikt新字体 新字体]] in Kyūjitai: ja [[wikt新字體 新字體]] meaning "new character form" are the forms of The Empire of Japan ( {{unicode|Kyūjitai}}: ja 大日本帝國 Shinjitai: ja 大日本帝国 pronounced Dai Nippon Teikoku Events 1777 - San Jose California, is founded as el Pueblo de San José de Guadalupe Year 1890 ( MDCCCXC) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common Events 1194 - King Richard I of England gives Portsmouth its first Royal Charter. Year 1947 ( MCMXLVII) was a Common year starting on Wednesday (link will display full 1947 calendar of the Gregorian calendar. Enacted after the Meiji Ishin, it provided for a form of constitutional monarchy based on the Prussian model, in which the Emperor of Japan was an active ruler and wielded considerable political power, but shared this with an elected diet. The, also known as the Meiji Ishin, Revolution, or Renewal, was a chain of events that led to enormous changes in Japan 's political and social structure A constitutional monarchy, or a limited monarchy, is a form of Constitutional Government, wherein either an elected or hereditary Monarch is Prussia ( Latin: Borussia, Prutenia; Prūsija Prūsija Prusy Old Prussian: Prūsa) was most recently a historic state The of Japan is the country's Monarch. He is the head of the Japanese Imperial Family. In Politics, a diet is a formal Deliberative assembly. The term is derived from Medieval Latin dietas, and ultimately comes from After the Meiji Restoration, which restored direct political power to the emperor for the first time in over a millennium, Japan underwent a period of sweeping political and social reform and westernization aimed at strengthening Japan, to the level of the nations of the Western world. The, also known as the Meiji Ishin, Revolution, or Renewal, was a chain of events that led to enormous changes in Japan 's political and social structure The immediate consequence of the Constitution was the opening of the first Parliamentary government in Asia. [1]

The Meiji Constitution established clear limits to the power of the executive branch and the absolutism of the Emperor. In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. Absolute monarchy is a monarchical Form of government where the king and queen have absolute power over everything It also created an independent judiciary. Judicial independence is the doctrine that decisions of the Judiciary should be impartial and not subject to influence from the other branches of government or from private or However, it was ambiguous in wording, and in many places self-contradictory. The leaders of the government and the political parties were left with the task of interpretation as to whether the Meiji Constitution could be used to justify authoritarian or liberal-democratic rule. A political party is a Political organization that seeks to attain and maintain political power within Government, usually by participating in electoral It was the struggle between these tendencies that dominated the government of the Empire of Japan.

The Meiji Constitution was used as a model for the 1931 Ethiopian Constitution by Tekle Hawariat. Year 1931 ( MCMXXXI) was a Common year starting on Thursday (link will display full 1931 calendar of the Gregorian calendar. NOTE This intro is the result of careful NPOV work Please do not make potentially controversial edits to it without first discussing on the talk page This was one of the reasons why the progressive Ethiopian intelligentsia associated with Tekle Hawariat were known as "Japanizers". [2]

Following Japan's defeat and occupation at the end of the Second World War, the Meiji Constitution was replaced by a new document, the present 'Constitution of Japan', which replaces the imperial system with a form of Western-style liberal democracy. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including The has been the founding legal document of Japan since 1947 The constitution provides for a Parliamentary system of government and guarantees certain fundamental rights The term "liberal" in "liberal democracy" does not imply that the government of such a democracy must follow the political ideology of

Contents

History

Prior to the adoption of the Meiji Constitution Japan was, in practice, a country without a written constitution. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity In the late Asuka period and early Nara period, a Chinese-inspired legal system and constitution known as ritsuryō was enacted; it described a government based on an elaborate and theoretically rational meritocratic bureaucracy, serving under the ultimate authority of the emperor and organised following Chinese models. The, was a period in the History of Japan lasting from 538 to 710 (or 592-645 although its beginning could be said to overlap with the preceding Kofun period. The of the History of Japan covers the years from AD 710 to 794. is the historical Law system based on the philosophies of Confucianism and Chinese Legalism in Japan. The of Japan is the country's Monarch. He is the head of the Japanese Imperial Family. In theory the last ritsuryō code, the Yōrō Code enacted in 752, was still in force at the time of the Meiji Restoration. The was one iteration of several codes or governing rules compiled in early Nara period in Classical Japan. However, in practice the ritsuryō system of government had become largely an empty formality as early as in the middle of the Heian period in the 10th and 11th centuries, a development which was completed by the establishment of the Kamakura shogunate in 1185. The is the last division of classical Japanese history, running from 794 to 1185. The Kamakura shogunate ( Japanese: 鎌倉幕府 Kamakura bakufu) was a feudal military dictatorship in Japan headed by the Shoguns from The high positions in the ritsuryō system remained as honorary titles devoid of any power, and the emperor was de-powered and set aside as a symbolic figure who ‘reigned, but did not rule’ (on the theory that the living god should not have to defile himself with matters of earthly government).

The idea of a written constitution had been a subject of heated debate within and without the government since the beginnings of the Meiji government. The Government of Meiji period Japan from 1868-1911 was an evolution of institutions and structures from the feudal order of the Tokugawa bakufu towards The conservative Meiji oligarchy viewed anything resembling democracy or republicanism with suspicion and trepidation, and favored a gradualist approach. The Meiji Oligarchy, as the new ruling class of Meiji period Japan is known to historians was a privileged clique that exercised imperial power sometimes Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system Republicanism is the Ideology of governing a nation as a Republic, with an emphasis on Liberty, Rule of law, Popular sovereignty The Freedom and People's Rights Movement demanded the immediate establishment of an elected national assembly, and the promulgation of a constitution. The was a Meiji period Japanese political and social movement that in the 1870s and 1880s pursued the formation of an elected Legislature, the institution of Civil rights The National Assembly is either a Legislature, or the Lower house of a Bicameral legislature in some countries

Drafting

On 21 October 1881, Ito Hirobumi was appointed to chair a government bureau to research various forms of constitutional government, and in 1882, Ito led an overseas mission to observe and study various systems first-hand. Events 1512 - Martin Luther joins the theological faculty of the University of Wittenberg. Year 1881 ( MDCCCLXXXI) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common was a Japanese statesman Resident-General of Korea, four time Prime Minister of Japan (the 1st 5th 7th and 10th and Genrō. The United States Constitution was rejected as "too liberal" and the British system as being too unwieldy and granting too much power to Parliament. The Constitution of the United States of America is the supreme Law of the United States. See also Kingdom of Great Britain Great Britain (Breatainn Mhòr Prydain Fawr Breten Veur Graet Breetain is the larger of the two main islands TalkParliament#Screen-size. -->A  parliament is a Legislature, especially in those The French and Spanish models were rejected as tending toward despotism. This article is about the country For a topic outline on this subject see List of basic France topics. Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula. Despotism is a Form of government by a single authority either an individual or tightly knit group, which rules with absolute political power The legal structures of Imperial Germany, particularly of Prussia proved to be of the most interest to the Constitutional Study Mission. Prussia ( Latin: Borussia, Prutenia; Prūsija Prūsija Prusy Old Prussian: Prūsa) was most recently a historic state

The Council of State was replaced in 1885 with a cabinet headed by Ito as Prime Minister. The was the Department of State in Nara and Heian period Japan and briefly under the Meiji Constitution. This article is about the government position For other uses see Prime Minister (disambiguation. The positions of Chancellor, Minister of the Left, and Minister of the Right, which had existed since the seventh century, were abolished. The or Chancellor of the Realm was the head of the Daijō-kan, or Department of State in Heian Japan and briefly under the Sadaijin (左大臣 most commonly translated as "Minister of the Left" was a government position in Japan in the late Nara and Heian Udaijin (右大臣 most commonly translated as the "Minister of the Right" was a government position in Japan in the late Nara and In their place, the Privy Council was established in 1888 to evaluate the forthcoming constitution, and to advise the Emperor. was an advisory council to the Emperor of Japan that operated from 1888 to 1947

The draft committee included Inoue Kowashi, Kaneko Kentaro, Ito Miyoji and Iwakura Tomomi, along with a number of foreign advisors, in particular the German legal scholars Rudolf von Gneist and Lorenz von Stein. ( 6 February, 1844 - 13 March 1895) was a statesman in Meiji period Japan. was a statesman and diplomat in Meiji period Japan. Early life Kaneko was born into a Samurai family of Fukuoka Domain ( 7 May, 1857 - 19 February 1934) was a statesman in Meiji period Japan. was a Japanese Statesman who played an important role in the Meiji Restoration, influencing opinions of the Imperial Court. Heinrich Rudolf Hermann Friedrich von Gneist ( 13 August 1816 &ndash 22 July 1895) German Jurist and Politician Lorenz von Stein ( 18 November 1815 – 1890 was a German Economist, Sociologist, and Public administration scholar from The central issue was the balance between sovereignty vested in the person of the Emperor, and an elected representative legislature with powers that would limit or restrict the power of the sovereign. After numerous drafts from 1886-1888, the final version was submitted to the Emperor in April 1888. The Meiji Constitution was drafted in secret by the committee, without public debate, and was adopted with a referendum.

Promulgation

The new constitution was promulgated by Emperor Meiji on 11 February 1889 but came into effect on 29 November 1890. Events 660 BC - Traditional founding date of Japan by Emperor Jimmu. Year 1889 ( MDCCCLXXXIX) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common Events 1777 - San Jose California, is founded as el Pueblo de San José de Guadalupe Year 1890 ( MDCCCXC) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common [3] The first Imperial Diet, a new representative assembly, convened on the day the Meiji Constitution came into force. The is Japan's Bicameral Legislature. It is composed of a Lower house, called the House of Representatives, and an Upper house, called A representative assembly is a political institution in which a number of persons representing the population or privileged orders within the population of a state come together to debate [1] The organizational structure of the Diet reflected both Prussian and British influences, most notably in the inclusion of the House of Peers (which resembled the Prussian Herrenhaus and the British House of Lords), and in the formal Speech from the Throne delivered by the Emperor on Opening Day. This article is about the Japanese body The British House of Lords is also known as the House of Peers for certain ceremonial purposes. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" The second chapter of the constitution, detailing the rights of citizens, bore a resemblance to similar articles in both European and North American constitutions of the day.

Main provisions

Structure

The Meiji Constitution consists of 76 articles in seven chapters, together amounting to around 2,500 words. It is also usually reproduced with its Preamble, the Imperial Oath Sworn in the Sanctuary in the Imperial Palace, and the Imperial Rescript on the Promulgation of the Constitution, which together come to nearly another 1,000 words. [4] The seven chapters are:

Imperial sovereignty

Unlike its modern successor, the Meiji Constitution was founded on the principle that sovereignty resided in person of the Emperor, by virtue of his divine ancestry "unbroken for ages eternal", rather than in the people. Article 4 states that the "Emperor is the head of the Empire, combining in Himself the rights of sovereignty". The Emperor, nominally at least, united within himself all three branches (executive, legislative and judiciary) of government, albeit subject to the "consent of the Imperial Diet". In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State Laws were issued and justice administered by the courts "in the name of the Emperor".

Separate provisions of the Constitution are contradictory as to whether the Constitution or the Emperor is supreme. While Article 4 binds the Emperor to exercise his powers "according to the provisions of the present Constitution", Article 3 declares him to be "sacred and inviolable", a formula which was construed by hard-line monarchists to mean that he retained the right to withdraw the constitution, or to ignore its provisions. Article 55, however, confirmed that the Emperor’s commands (including Imperial Ordinance, Edicts, Rescripts, etc. ) had no legal force within themselves, but required the signature of a “Minister of State”. On the other hand, these “Ministers of State” were appointed by (and could be dismissed by), the Emperor alone, and not by the Prime Minister or the Diet.

Rights and Duties of Subjects

Organs of government

Memorial in Yokohama
Memorial in Yokohama

The Emperor of Japan had the right to exercise executive authority, and to appoint and dismiss all government officials. is the capital of Kanagawa Prefecture, located in the Kantō region of the main island of Honshū and is a major commercial hub of the Greater Tokyo Area The Emperor also had the sole rights to make war, make peace, conclude treaties, dissolve the lower house of Diet, and issue Imperial ordinances in place of laws when the Diet was not in session. The is the Lower house of the Diet of Japan. The House of Councillors of Japan is the Upper house. Most importantly, command over the Imperial Japanese Army and Imperial Japanese Navy was directly held by the Emperor, and not the Diet. The Imperial Japanese Army ( IJA) ( Kyūjitai: 大日本帝國陸軍 Shinjitai: ja 大日本帝国陸軍 Romaji: Dai-Nippon Teikoku For Combined Fleet, please see that article For Carrier Striking Task Force, please see that article The Meiji Constitution provided for a cabinet consisting of Ministers of State who answered to the Emperor rather than the Diet, and to the establishment of the Privy Council. was an advisory council to the Emperor of Japan that operated from 1888 to 1947 Not mentioned in the Constitution were the genro, an inner circle of advisors to the Emperor, who wielded considerable influence. was an unofficial designation given to certain retired elder Japanese Statesmen, considered the "founding fathers" of modern Japan who served as informal extraconstitutional

Under the Meiji Constitution, a legislature was established 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. This article is about the Japanese body The British House of Lords is also known as the House of Peers for certain ceremonial purposes. The Lower House, or House of Representatives was elected by direct male suffrage (with property qualifications). The is the Lower house of the Diet of Japan. The House of Councillors of Japan is the Upper house. Legislative authority was shared with the Diet, and both the Emperor and the Diet had to agree in order for a measure to become law. On the other hand, the Diet was given the authority to initiate legislation, approve all laws, and approve the budget.

Amendments

Amendments to the constitution were provided for by Article 73. This stipulated that to become law a proposed amendment had first to be submitted to the Diet by the Emperor, by means of an imperial order or rescript. To be approved by the Diet an amendment had to be adopted in both chambers by a two-thirds majority of the total number of members of each (rather than merely two-thirds of the total number of votes cast). Once it had been approved by the Diet an amendment was then promulgated into law by the Emperor, who had an absolute right of veto. No amendment to the constitution was permitted during the time of a regency. Despite these provisions, no amendments were made to the imperial constitution from the time it was adopted until its demise in 1947. When the Meiji Constitution was replaced, in order to ensure legal continuity, its successor was adopted in the form of a constitutional amendment, in full compliance with the terms of Article 73.

Gallery

Jōyu (上諭) - "The Emperor's words" (1)

Jōyu (上諭) - "The Emperor's words" (2)

Gyomei Gyoji (御名御璽) - "The Emperor's words" (3): Imperial Signature and Seal

Honbun (本文) - text

Notes

  1. ^ a b Arnold, Edwin. "Asia's First Parliament; Sir Edwin Arnold Describes the Step in Japan," New York Times. January 26, 1891.
  2. ^ Bahru Zewde, A History of Modern Ethiopia: 1855-1991, second edition (Oxford: James Currey, 2001), p. 110
  3. ^ "Old and Modern Japan; The BIrth of Constitutional Government. After Centuries of Exclusiveness, the Japanese Adopt Western Forms of Law," New York Times. February 13, 1890.
  4. ^ "Japan's Present Crisis and Her Constitution; The Mikado's Ministers Will Be Held Responsible by the People for the Peace Treaty -- Marquis Ito May Be Able to Save Baron Komura," New York Times. September 3, 1905.

Reference and further reading

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