Overview and History of the Meiji Constitution
– The Meiji Restoration in 1868 established a constitutional monarchy in Japan.
– The Emperor of Japan held political power over foreign policy and diplomacy.
– The Imperial Diet dictated domestic policy matters.
– The Constitution led to the opening of the first parliamentary government in Asia.
– The Meiji Constitution set limits on the power of the executive branch and established an independent judiciary.
– The Meiji Constitution was proclaimed on February 11, 1889.
– It replaced the previous ritsuryō system of government.
– The Charter Oath in 1868 demanded the establishment of deliberative assemblies.
– The conservative Meiji oligarchy favored a gradualist approach to constitutional development.
– Itō Hirobumi led the drafting of the Constitution, drawing influence from various systems.
Background and Drafting of the Meiji Constitution
– Prior to the Meiji Constitution, Japan had no written constitution.
– The ritsuryō system of government had become largely symbolic by the middle of the Heian period.
– The idea of a written constitution had been debated since the beginning of the Meiji government.
– The Freedom and Peoples Rights Movement demanded an elected national assembly and a constitution.
– Itō Hirobumi chaired a government bureau to research constitutional government.
– The United States Constitution was considered too liberal.
– The German Empire’s legal structures and the British Westminster system influenced the drafting.
– References to the kokutai, the national polity, were added to justify the Emperor’s authority.
– The Privy Council was established in 1888 to evaluate the forthcoming constitution.
Main Provisions of the Meiji Constitution
– The Meiji Constitution consists of 76 articles in seven chapters.
– The seven chapters cover topics such as the Emperor, rights and duties of subjects, the Imperial Diet, and finance.
– The constitution is usually reproduced with its Preamble, Imperial Oath, and Imperial Rescript.
– The total word count of the constitution and related documents is around 3,500 words.
– The structure of the government is outlined in a schematic overview.
– The Meiji Constitution was based on the principle that sovereignty resided in the Emperor.
– The Emperor united all three branches of government, but legislation and the budget required the consent of the Imperial Diet.
– Separate provisions in the constitution were contradictory regarding the supremacy of the Constitution or the Emperor.
– Japanese subjects had the duty to uphold the constitution, pay taxes, and serve in the armed forces if conscripted.
– The constitution provided for qualified rights, including freedom of movement, privacy of correspondence, and freedom of speech, assembly, and association.
– Subjects also had less conditional rights, such as the right to be appointed to public offices equally and procedural due process.
– The constitution guaranteed freedom of religion within limits not prejudicial to peace and order.
– Subjects had the right to petition the government.
– The Emperor had executive authority and the power to appoint and dismiss government officials.
– The Emperor also had sole rights to declare war, make peace, conclude treaties, dissolve the lower house of Diet, and issue Imperial ordinances.
– The cabinet consisted of Ministers of State who answered to the Emperor.
– The Privy Council was established as an advisory body.
– The Diet was established with two houses: the House of Peers and the House of Representatives.
Promulgation and Postwar Changes of the Meiji Constitution
– The new constitution was promulgated by Emperor Meiji on February 11, 1889.
– It came into effect on November 29, 1890.
– The first National Diet of Japan convened on the same day.
– The organizational structure of the Diet was influenced by Prussian and British models.
– The second chapter of the constitution resembled articles in European and North American constitutions.
– The Meiji Constitution was replaced by the Postwar Constitution on November 3, 1946.
– The Postwar Constitution enacted a form of Western-style liberal democracy in Japan.
– The changes were made to comply with the Allied occupation and to preserve legal continuity.
– The Postwar Constitution received imperial assent on November 3, 1946, and took effect on May 3, 1947.
– The Meiji Constitution served as a model for the 1931 Constitution of Ethiopia.
Impact, Challenges, Legacy, and Successors of the Meiji Constitution
– The Meiji Constitution marked a significant shift in Japanese governance, transitioning from a feudal system to a modern constitutional state.
– It laid the foundation for the development of a parliamentary democracy in Japan.
– The constitution allowed for the participation of the people in the political process through elections and representation.
– It modernized the legal system and introduced Western legal concepts.
– The Meiji Constitution played a crucial role in Japan’s rapid industrialization and modernization.
– The Meiji Constitution was criticized for its limited democratic elements, as power still remained concentrated in the hands of the Emperor and the oligarchy.
– The House of Peers, composed of appointed members, was seen as undemocratic and unrepresentative.
– The constitution did not grant universal suffrage, limiting political participation to a small portion of the population.
– Some argued that the constitution prioritized stability and order over individual rights and freedoms.
– The Meiji Constitution faced challenges in implementing its reforms and achieving social equality.
– The Meiji Constitution remained in effect until 1947 when it was replaced by the current Japanese Constitution.
– It laid the groundwork for Japan’s political and legal systems that continue to shape the country today.
– The Constitution of Japan, enacted in 1947, built upon the principles established by the Meiji Constitution.
– The Meiji Constitution influenced other Asian countries in their modernization efforts, such as China and Korea.
– The legacy of the Meiji Constitution is still debated and analyzed by scholars and historians. Source URL:https://en.wikipedia.org/wiki/Meiji_Constitution
