THE CONSTITUTION OF JAPAN – FEATURES AND ARTICLES

This article has discussed about the Constitution of Japan including its key feature and articles of the Constitution

 

INTRODUCTION:

 

The Constitution of Japan, also known as the "Postwar Constitution" or "Constitution of Japan" (日本国憲法 Nihonkoku Kenpō), was promulgated on May 3, 1947. It came into effect on May 3, 1947, replacing the previous Meiji Constitution, which had been in place since 1889. The Constitution of Japan is a significant document that establishes the basic principles and framework for the governance of Japan.

 

HISTORICAL PERSPECTIVE OF THE CONSTITUTION:

 

The history of the Constitution of Japan is a story that spans several stages, each reflecting significant political and societal changes in the country's history. Here's a brief overview of the key milestones in the development of Japan's constitutional history:

 

1. Pre-Modern Era:

 

Before the modern constitutional developments, Japan had a feudal system where power was concentrated in the hands of the Emperor, samurai clans, and shoguns. The Emperor was the symbolic and religious figurehead, while the shoguns held the actual political power. There was no formal written constitution during this period.

 

2. Meiji Restoration (1868):

 

The Meiji Restoration marked a pivotal turning point in Japan's history. In 1868, the Emperor Meiji was restored to power, and Japan underwent a series of rapid modernization and westernization efforts to strengthen the country and resist foreign domination. During this period, the Meiji government introduced various reforms, including the establishment of a centralized administrative structure, a modern legal system, and the abolishment of the feudal system. However, a formal written constitution was not initially adopted.

 

3. The Meiji Constitution (1889):

 

In 1889, the Meiji government promulgated the Meiji Constitution (also known as the Constitution of the Empire of Japan) as a response to growing calls for a written constitution. The Meiji Constitution established a constitutional monarchy and provided for a bicameral parliament called the Imperial Diet. However, it was not a fully democratic constitution. Political power was still concentrated in the hands of the Emperor and a small elite oligarchy.

 

4. Post-World War II Constitution (1947):

 

Following Japan's defeat in World War II, the country was occupied by Allied forces, led by the United States. As part of the occupation, General Douglas MacArthur, the Supreme Commander for the Allied Powers, initiated major reforms to democratize Japan and create a peaceful and democratic nation.

 

In 1946, a committee of Japanese legal experts, with input from the Allied occupation authorities, drafted a new constitution the Constitution of Japan (Nihonkoku Kenpō). The new constitution was promulgated on May 3, 1947, and it came into effect on the same day. The Constitution of Japan, often referred to as the "Postwar Constitution," established a democratic framework, enshrined fundamental human rights, renounced war, and granted sovereignty to the people.

 

This new constitution provided for a parliamentary system with a separation of powers, an independent judiciary, and limitations on the power of the Emperor, who retained a purely symbolic role. The Constitution of Japan was a crucial step in Japan's transformation from an authoritarian state to a modern, democratic nation.

 

Since its promulgation, the Constitution of Japan has remained unchanged, playing a significant role in shaping Japan's political system and society. Despite some discussions and debates over the years regarding potential revisions, any amendments to the constitution require a high level of political consensus and public approval through a national referendum.

 

SALIENT FEATURES OF THE CONSTITUTION OF JAPAN

 

The Constitution of Japan, also known as the "Postwar Constitution" or "Constitution of Japan" (日本国憲法 Nihonkoku Kenpō), was promulgated on May 3, 1947. It is a crucial document that outlines the fundamental principles and framework for the governance of Japan. Some of the salient features of the Constitution of Japan include:

         
1) Preamble: The Constitution begins with a preamble that expresses the determination of the Japanese people to establish a democratic and peaceful nation based on justice and order. It outlines the commitment to secure the benefits of freedom, democracy, and the rule of law.


2) Sovereignty: The Constitution establishes the principle of popular sovereignty, declaring that the sovereign power of Japan resides with the people. It emphasizes that the government derives its authority from the will of the people and that it should be based on their consent.


3) Emperor as a Symbol: The Constitution designates the Emperor of Japan as "the symbol of the State and of the unity of the people." The Emperor holds no political power but fulfills a ceremonial and symbolic role in Japanese society.


4) Fundamental Human Rights: The Constitution guarantees fundamental human rights and individual liberties to all Japanese citizens. These rights include freedom of speech, religion, assembly, and association. The Constitution also prohibits discrimination based on race, creed, sex, social status, or family origin.


5) Renunciation of War: Article 9 of the Constitution renounces war as a sovereign right of the nation and the threat or use of force as a means of settling international disputes. Japan is prohibited from maintaining land, sea, and air forces or other war potential. However, Japan maintains the "Self-Defense Forces" for self-defense purposes.


6) Separation of Powers: The Constitution establishes a parliamentary system of government with a clear separation of powers between the legislative, executive, and judicial branches. The three branches act as checks and balances on one another to ensure a democratic system.


7) The National Diet: The National Diet is the highest organ of state power and consists of two houses the House of Representatives and the House of Councillors. Members of both houses are elected by the people through periodic elections.


8) Cabinet: The executive power is vested in the Cabinet, headed by the Prime Minister, who is appointed by the Emperor upon designation by the National Diet. The Cabinet is responsible for the administration of government affairs.


9) Independent Judiciary: The Constitution guarantees the independence of the judiciary and establishes a Supreme Court as the highest judicial authority. The courts have the power of judicial review to ensure the constitutionality of laws and executive actions.


10) Amendment Process: The Constitution provides a process for amendment. Amendments can be proposed by the National Diet with a two-thirds majority of both houses and must be approved by a majority of votes in a national referendum.

 

The Constitution of Japan is a foundational document that has played a significant role in shaping Japan's modern democracy and commitment to peace. It continues to be a critical pillar of the nation's political and legal system, guiding Japan's development as a democratic and peaceful country.

 

ARTICLES OF THE CONSTITUTION OF JAPAN

 

The Constitution of Japan consists of 103 articles organized into eleven chapters. Below is a summary of the main articles in each chapter:

 

Chapter I: Emperor (Articles 1-8)

 

Article 1: The Emperor is the symbol of the State and of the unity of the people.

Article 2: The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law.

Article 3: The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state.

Article 4: The Emperor shall perform only such acts in matters of state as are provided for in the Constitution.

Article 5: The Emperor's acts of state shall be countersigned by a Minister of State.

Article 6: The Emperor shall appoint the Prime Minister as designated by the Diet.

Article 7: The Emperor, with the advice and approval of the Cabinet, shall perform ceremonial functions.

Article 8: No law, Cabinet Order, or Imperial Ordinance shall require the Emperor's approval.

 

Chapter II: Renunciation of War (Article 9)

 

Article 9: Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as a means of settling international disputes.

 

Chapter III: Rights and Duties of the People (Articles 10-40)

 

This chapter covers various fundamental human rights and freedoms of Japanese citizens, including freedom of speech, assembly, religion, and education. It also addresses matters related to social welfare, family, and marriage.

 

Chapter IV: The Diet (Articles 41-64)

This chapter deals with the organization, powers, and functions of the National Diet, Japan's bicameral parliament, comprising the House of Representatives and the House of Councillors.

 

Chapter V: The Cabinet (Articles 65-75)

 

This chapter outlines the role and composition of the Cabinet, Japan's executive branch, headed by the Prime Minister.

 

Chapter VI: Judiciary (Articles 76-82)

 

This chapter establishes the judiciary and the Supreme Court as the highest judicial authority. It also guarantees the independence of judges.

 

Chapter VII: Finance (Articles 83-91)

 

This chapter covers financial matters, including the preparation and enactment of the national budget and taxation.

 

Chapter VIII: Local Self-Government (Articles 92-95)

 

This chapter sets out the framework for local governments and their autonomy in Japan.

 

Chapter IX: Amendments (Article 96)

 

Article 96 outlines the process for amending the Constitution. Amendments require approval by two-thirds of both houses of the National Diet and a majority in a national referendum.

 

Chapter X: Supplementary Provisions (Articles 97-99)

 

These provisions deal with the transitional matters and the temporary effect of the Constitution.

 

Chapter XI: Promulgation (Article 100-103)

 

This chapter includes the details of the promulgation and enforcement of the Constitution.

 

These articles collectively form the Constitution of Japan, guiding the nation's political and legal system and ensuring the protection of citizens' rights and liberties.

 

CONCLUSION

 

The Japanese constitution is the oldest unamended constitution in the world. It has not had any amendments to its text in more than 70 years. The Japanese legal system is based on the civil law system. A key feature of Japanese courts is the emphasis on wakai settlements by mutual agreement of the parties, with no loser or winner.