Jōyu (上諭) - "The Emperor's words" (1)

The Constitution of the Empire of Japan (大日本帝國憲法, 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 1889 until 2 May 1947. Enacted after the Meiji Renewal, 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. 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. Image File history File links Meiji_Kenpo01. ... Image File history File links Meiji_Kenpo01. ... now. ... November 29 is the 333rd (in leap years the 334th) day of the year in the Gregorian Calendar. ... 1889 (MDCCCLXXXIX) was a common year starting on Tuesday (see link for calendar). ... May 2 is the 122nd day of the year in the Gregorian calendar (123rd in leap years). ... 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ... The Meiji Restoration ), also known as the Meiji Ishin, Revolution, or Renewal, was a chain of events that led to a change in Japans political and social structure. ... This article or section does not cite its references or sources. ... Coat of Arms of the Kingdom of Prussia, 1701-1918 Prussia (German: ; Latin: Borussia, Prutenia; Lithuanian: ; Polish: ; Old Prussian: PrÅ«sa) was, most recently, a historic state originating in East Prussia, an area which for centuries had substantial influence on German and European history. ... His Imperial Majesty, Emperor Akihito. ... In politics, a Diet is a formal deliberative assembly. ... Combatants Major Allied powers: United Kingdom Soviet Union United States Republic of China and others Major Axis powers: Nazi Germany Italy Japan and others Commanders Winston Churchill Joseph Stalin Franklin Roosevelt Harry Truman Chiang Kai-Shek Adolf Hitler Benito Mussolini Hideki Tojo Casualties Military dead: 17,000,000 Civilian dead... The Constitution of Japan has been the founding legal document of Japan since 1947. ... Liberal democracy is a form of government. ...

Drafting and enactment

Jōyu (上諭) - "The Emperor's words" (2)

Prior to the adoption of the Meiji Constitution, Japan had no written constitution and was theoretically an absolute monarchy. However, in fact, not the case, as very early in Japanese history, the Emperor had been 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). Actual power was wielded by the court nobility in the Heian period, and by a succession of military dictators/shogun from the Kamakura periodonwards. Image File history File links Meiji_Kenpo02. ... Image File history File links Meiji_Kenpo02. ... This article or section does not cite its references or sources. ... The following text needs to be harmonized with text in the article History of Japan#Heian Period. ... Minamoto no Yoritomo, the first shogun of the Kamakura shogunate For other articles with similar names, see Shogun (disambiguation). ... The Kamakura period (Japanese: 鎌倉時代, Kamakura-jidai; 1185–1333) is a period of Japanese history that marks the governance of the Kamakura Shogunate; officially established in 1192 by the first Kamakura shogun Minamoto no Yoritomo. ...

After the Meiji Restoration, which restored direct political power to the emperor for the first time 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 Meiji Restoration ), also known as the Meiji Ishin, Revolution, or Renewal, was a chain of events that led to a change in Japans political and social structure. ...

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 conservative Meiji oligarchy viewed anything resembling democracy or republicanism with suspicion and trepidation, and favored a gradualist approach. The Freedom and People's Rights Movement demanded the immediate establishment of an elected national assembly, and the promulgation of a constitution. Emperor Mutsuhito Mutsuhito or Mitsuhito (睦仁), the Meiji Emperor (明治天皇, literally wise ruling heaven emperor) (3 November 1852–30 July 1912) was the 122nd Emperor of Japan. ... 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 despotically. ... It has been suggested that Républicanisme be merged into this article or section. ... The Freedom and Peoples Rights Movement (自由民権運動, jiyu minken undo) 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 and the diminishment of centralized taxation. ... The National Assembly is the name of either a legislature, or the lower house of a bicameral legislature in some countries. ...

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. 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 French and Spanish models were rejected as tending toward despotism. The legal structures of Imperial Germany, particularly of Prussia proved to be of the most interest to the Constitutional Study Mission. October 21 is the 294th day of the year (295th in leap years) in the Gregorian Calendar, with 71 days remaining. ... 1881 (MDCCCLXXXI) was a common year starting on Saturday (see link for calendar). ... Born in Hagi, Yamaguchi, Prince Itō Hirobumi (伊藤 博文 Itō Hirobumi 16 October 1841–26 October 1909, also called Hirofumi/Hakubun and Shunsuke in his youth) was a Japanese politician and the countrys first Prime Minister (and the 5th, 7th and 10th). ... The United States Constitution is the supreme law of the United States of America. ... States currently utilizing parliamentary systems are denoted in red and orange—the former being constitutional monarchies where authority is vested in a parliament, and the latter being parliamentary republics whose parliaments are effectively supreme over a separate head of state. ... Despotism is a form of government by a single authority, either a single person (ie. ... Coat of Arms of the Kingdom of Prussia, 1701-1918 Prussia (German: ; Latin: Borussia, Prutenia; Lithuanian: ; Polish: ; Old Prussian: Prūsa) was, most recently, a historic state originating in East Prussia, an area which for centuries had substantial influence on German and European history. ...

The Council of State was replaced in 1885 with a cabinet headed by Ito as Prime Minister. The positions of Chancellor, Minister of the Left, and Minister of the Right, which had existed since the seventh century, were abolished. In their place, the Privy Council was established in 1888 to evaluate the forthcoming constitution, and to advise the Emperor. The Dajō-kan ) was the Department of State in Heian period Japan. ... A prime minister is the most senior minister of a cabinet in the executive branch of government in a parliamentary system. ... For other articles with similar names, see Chancellor (disambiguation). ... Udaijin (右大臣), most commonly translated as Minister of the Right, was a government position in Japan in the late Nara and Heian periods. ... Sadaijin (左大臣), most commonly translated as Minister of the Left, was a government position in Japan in the late Nara and Heian periods. ... ( 6th century - 7th century - 8th century - other centuries) Events Islam starts in Arabia, the Quran is written, and Arabs subjugate Syria, Iraq, Persia, Egypt, North Africa and Central Asia to Islam. ... The Privy Council of Japan (Sumitsu-in) 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. 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. Inoue Kowashi from Kokugakuin University Achives Inoue Kowashi ); (6 February 1844 - 13 March 1895) was a statesman in Meiji period Japan. ... Japanese man ... Ito Miyoji ); (7 May 1857 - 19 February 1934) was a statesman in Meiji period Japan. ... Iwakura Tomomi (岩倉 具視 October 26, 1825-July 20, 1883) was a statesman who played an important role in the Meiji restoration, influencing opinions of the Imperial Court. ... The o-yatoi gaikokujin (Japanese: お雇い外国人 — hired foreigners, foreign employees) were foreign specialists, engineers, teachers, mercenaries and more, hired to assist in the modernization of Japan. ... Heinrich Rudolf Hermann Friedrich von Gneist (August 13, 1816 - July 22, 1895), German jurist and politician, was born at Berlin, the son of a judge attached to the Kammergericht (court of appeal) in that city. ... Lorenz von Stein (November 18, 1815 - 1890) was a German economist and sociologist. ...

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

The new constitution was promulgated by Emperor Meiji on 11 February 1889 but came into effect on 29 November 1890. The first Imperial Diet, a new representative assembly, convened on the day the Meiji Constitution came into force. The structure of the Diet showed 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 of the Speech from the Throne. 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. Image File history File links Meiji_Kenpo03. ... Image File history File links Meiji_Kenpo03. ... February 11 is the 42nd day of the year in the Gregorian Calendar. ... 1889 (MDCCCLXXXIX) was a common year starting on Tuesday (see link for calendar). ... November 29 is the 333rd (in leap years the 334th) day of the year in the Gregorian Calendar. ... 1890 (MDCCCXC) was a common year starting on Wednesday (see link for calendar) of the Gregorian calendar (or a common year starting on Friday of the Julian calendar). ... This article is about the Japanese legislature. ... 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, negotiate with the executive (originally the king or other ruler) and legislate. ... The House of Peers (貴族院 Kizokuin) was the upper house of the Imperial Diet under the Constitution of the Empire of Japan (in effect from 11 February 1889 to 3 May 1947). ... The German term Herrenhaus is equivalent to the English House of Lords and describes roughly similar institutions as the English House of Lords in German-speaking countries. ... This article is about the British House of Lords. ... Queen Elizabeth II reads Canadas Speech from the Throne in 1977 The Speech from the Throne (or Throne Speech) is an event in certain monarchies in which the monarch (or a representative) reads a prepared speech to a complete session of parliament, outlining the governments agenda for the...

The Meiji Constitution established clear limits to the power of the executive branch and the absolutism of the Emperor. It also created an independent judiciary. 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. It was the struggle between these tendencies that dominated the government of the Empire of Japan. The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ... The term absolutism can mean: A belief in absolute truth moral absolutism, the belief that there is some absolute standard of right and wrong political absolutism, a political system where one person holds absolute power, also called apolytarchy from Gr. ... The political concept of an independent judiciary is that the judges in a countrys legal system should be immune to impeachment or political manipulation. ... A political party is a political organization subscribing to a certain ideology or formed around very special issues. ...

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. The seven chapters are:

• I. The Emperor (1-17)
• II. Rights and Duties of Subjects (18-32)
• III. The Imperial Diet (33-54)
• IV. The Ministers of State and the Privy Council (55-56)
• V. The Judicature (57-61)
• VI. Finance (62-72)
• VII. Supplementary Rules (73-76)

Emperor sovereignty

Honbun (本文) - text

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 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 and legislative and judiciary) of government, albeit subject to the "consent of the Imperial Diet". Laws were issued and justice administered by the courts "in the name of the Emperor". Image File history File links Meiji_Kenpo04. ... Image File history File links Meiji_Kenpo04. ... Chamber of the Estates-General, the Dutch legislature. ... In law, the judiciary or judicature is the system of courts which administer justice in the name of the sovereign or state, and provide a mechanism for the resolution of disputes. ...

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

• Duties: The constitution asserts the duty of Japanese subjects to uphold the constitution (preamble), pay taxes (Article 21) and serve in the armed forces if conscripted (Article 20).
• Qualified rights: The constitution provides for a number of rights that subjects may enjoy only where the law does not provide otherwise. These included the right to:
  • Freedom of movement (Article 22).
  • Not have one's house searched or entered (Article 25).
  • Privacy of correspondence (Article 26).
  • Private property (Article 27).
  • Freedom of speech, assembly and association (Article 29).
• Less conditional rights
  • Right to "be appointed to civil or military or any other public offices equally" (Article 19).
  • 'Procedural' due process (Article 23).
  • Right to trial before a judge (Article 24).
  • Freedom of religion (Guaranteed by Article 28 "within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects").
  • Right to petition government (Article 30).

See subject (grammar) for the linguistic definition of subject. ... The secrecy of correspondence ( German: , Swedish: , Finnish: ), or literally translated as secrecy of letters, is a fundamental legal principle enshrined in the constitutions of several European countries. ... Freedom of speech is enshrined in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. ... Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one wishes. ... Freedom of association is the right enjoyed by free adults to mutually choose their associates for whatever purposes they see fit. ... In United States law, adopted from English law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... It has been suggested that Religious toleration be merged into this article or section. ...

Organs of government

Memorial in Yokohama

The Emperor of Japan had the right to exercise executive authority, and to appoint and dismiss all government officials. 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. Most importantly, command over the Imperial Japanese Army and Imperial Japanese Navy was directly held by the Emperor, and not the Diet. 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 Provy Council. Not mentioned in the Constitution were the genro, an inner circle of advisors to the Emperor, who wielded considerable influence. Image File history File linksMetadata Meiji_constitution_memorial. ... Image File history File linksMetadata Meiji_constitution_memorial. ... Yokohama ) is the capital of Kanagawa Prefecture and Japans largest incorporated city,[1] with a population of 3. ... The House of Representatives (衆議院; Shugi-in) is the lower house of the Diet of Japan. ... The Imperial Japanese Army (: 大日本帝國陸軍 Shinjitai: 大日本帝国陸軍 Dai-Nippon Teikoku Rikugun) was the official ground based armed force of Japan from 1867 to 1945 when it was Imperial Japan. ... The Imperial Japanese Navy (IJN) (: 大日本帝國海軍 Shinjitai: 大日本帝国海軍 or 日本海軍 Nippon Kaigun) or sometimes referred to as the Combined Fleet was the Navy of Empire of Japan (Dai Nippon Teikoku) from 1869 until 1947, when it was dissolved following Japans constitutional renunciation of the use of force as a means of settling... The Privy Council of Japan (Sumitsu-in) was an advisory council to the Emperor of Japan that operated from 1888 to 1947. ... The Genro (元老) were retired elder Japanese statesmen, who served as informal advisors to the emperor, during the Meiji and Taisho periods in Japanese history. ...

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. The Lower House, or [[House of Representatives (Japan) was elected by direct male suffrage (with property qualifications). 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. The House of Peers (貴族院 Kizokuin) was the upper house of the Imperial Diet under the Constitution of the Empire of Japan (in effect from 11 February 1889 to 3 May 1947). ...

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. A constitutional amendment is an alteration to the constitution of a nation or a state. ...

Reference and further reading

• Akamatsu, Paul. Meiji 1868: Revolution and Counter-Revolution in Japan. Trans. Miriam Kochan. New York: Harper & Row, 1972.
• Beasley, W. G. The Meiji Restoration. Stanford: Stanford University Press, 1972.
• Beasley, W. G. The Rise of Modern Japan: Political, Economic and Social Change Since 1850. St. Martin's Press, New York 1995.
• Craig, Albert M. Chōshū in the Meiji Restoration. Cambridge: Harvard University Press, 1961.
• Jansen, Marius B. and Gilbert Rozman, eds. Japan in Transition: From Tokugawa to Meiji. Princeton: Princeton University Press, 1986.
• Jansen, Marius B. The Making of Modern Japan. Cambridge: The Belknap Press of Harvard University Press, 2000.

External links

• Meiji Constitution from Wikisource