Japan: A Comparison of the Meiji Constitution with the New Constitution - Essay Example

Japan: A Comparison of The Meiji Constitution with the New Constitution The Tokugawa Shogunate (1603- 1868) was a feudally structured military dictatorship that ruled Japan for a little over 350 years. This dictatorship was established by Tokugawa Leyasu, a shogun (a shogun was the supreme commander of the 'Samurai'; samurai refers to a soldier or the warrior class). Shoguns of the Tokugawa family continued to rule Japan till the Meiji Restoration of 1867, which brought the Emperor back as the focus of political power in Japan. This happened with the Emperor Meiji ascending the throne, and the then shogun formally relinquishing his powers in favor of the Emperor, although the shogun of the time did continue to wield considerable de facto power. The Meiji Restoration heralded the rise of Japan as an industrial and military power. The oligarchy consolidated itself under the leadership of the Emperor, and made an effort to destroy remaining vestiges of samurai and shogun power. Lands were sought to be restored to the Emperor. The Samurai's privilege to bear arms was diluted by extending this to the peasants, as well, and conscription into the army of a male member from each family in the country also came into effect. The samurai was disgruntled with what it saw as a clipping of its wings. But along with that, they also moved into other areas, seeking employment in the government, and became a new elite in Japan. It was against the above backdrop that a constitution was promulgated in Japan, and came into effect in 1889. This Constitution enshrined the Emperor as the supreme political head, who shared power with an elected Diet or parliament. The Meiji Constitution continued till Japan was defeated in the Second World War, after which a new constitution came into effect. The Meiji Constitution marks the first time that Japan has had a written constitution. In actual practice since the emperor's powers had been curtailed, prior to the Meiji Restoration Japan was only a de jure monarchy, the actual powers often having been exercised either by an oligarchy or by the Samurai from time to time. To draft the Meiji Constitution Japan studied those of the US, Britain, Spain, France and Prussia. The Meiji constitution seems to have been considerably influenced by the Prussian one. It has seven chapters, consisting of seventy-six articles. It also has a Preamble, an Imperial Oath Sworn in the Sanctuary in the Imperial Palace, and an Imperial Rescript on the Promulgation of the Constitution. All told, it is a document of less than 4000 words. The seven chapters headings are: 1-The Emperor; 2- The Rights and Duties of Subjects; 3-The Imperial Diet; 4-The Ministers of State and the Privy Council; 5- The Judicature; 6- Finance; and 7- The Supplementary Rules. (The Meiji Constitution) There are portions in this Constitution, that are worded ambiguously, and it was left to the political leaders and parties of the time to interpret it either as supportive of the monarch, or as a document that established a liberal democratic system. This Constitution rests on the basic premise that the Emperor's ancestry is divine, and therin lies his legitimacy. He thus combines in his person, the powers of the legislature, executive as well as the judiciary: "Article 3. The Emperor is sacred and inviolable." (The Meiji Constitution) But Article 4 states that, "The Emperor is the head of the Empire, combining in Himself the rights of sovereignty, and exercises them, according to the provisions of the present Constitution." (The Meiji Constitution) A subsequent article (55) however stated that the Emperor's powers were subject to ratification by a Minister of State, whose appointment was strangely in the hands of the monarch himself. The duties and rights of the people were spelt out by the Constitution. A subject had the duty of protecting the Constitution. (Preamble) He also had to serve in the army, if called upon to do so. (Article 20) He enjoyed certain rights, provided these did not come in the way of other laws already established. These included freedom of movement (Article 22) and right to private property (Artcle 27). Other rights, which were less hedged in by conditions, included the freedom of religion (Article 28), the right to petition the government (Article 30), right in the event of trail - to a judge (Article 24), and an equal right to be appointed to religious or public office(Article 19) There were two houses in the legislature - the lower House of Representatives, which was elected by male suffrage, and the upper House of Peers, a take on the British House Of Lords, consisting of a hereditary nobility, or those appointed by the emperor. Executive power was vested with the emperor, including the power to dismiss the Diet, and also one to promulgate ordinances, in its absense. Matters concerning foreign relations, including waging of war, or concluding peace were in the hands of the monarch. Article 73 also laid out a procedure for amending the Constitution if this needed to be done. However, no amendment was passed till 1947, when a totally new constitution replaced the old one. The new Constitution technically was passed as an amendment under Article 73 of the old one, and went on to replace it. The Constitution of 1947 shifted power from the emperor to the Diet, and Japan formally adopted a Parliamentary System of government. The Emperor became a ceremonial head of State. The events leading to the adoption of the New Constitution commenced with the defeat of Japan in the Second World War. In July 1945, the leaders of the Allied Powers, Harry Truman, Winston Churchill and Chiang Kei-Shek issued the Potsdam Declaration, demanding Japan's surrender. Rights were given to the people of Japan, and a sweeping change in the existing political system was made. Douglas MacArthur, the Supreme Commander of the Allied Forces in Japan, and the body set up to draft the new constitution consisting of Japanese luminaries, could not see eye to eye. MacArthur wanted to replace the Meiji Constitution with a liberal constitution that gave full power to the people, and which established a western style democracy in Japan. The Japanese side did not wish to bring in so many sweeping changes. So MacArthur rejected outright the constitution that was originally drafted, which he felt was just a tinkering with the early Meiji Constitution. Two army officers with law degrees were entrusted with the work. They did, to some degree, take into account Japanese sensibilities by considering the views of Japanese legal persons and consulting the existing Meiji Constitution, before coming out with a new version. Universal adult suffrage - women were included too (Article 15) - was introduced for the first time in Japan through the Constitution of 1947. The Legislature was made bicameral (two houses) instead of unicameral, as MacArthur originally wanted. Human and fundamental rights were enshrined in the new document (Articles 13 &14 - liberty and equality; Article 97), and Japan had also to unconditionally relinquish war (Article 9). It must be specially mentioned that MacArthur did not seek to establish a Presidential System of Government, a la the US system; instead a Parliamentary System based on the British one was established. (Japanese Constitution) In 1952, when Japan became sovereign once again, an attempt to draft a new constitution was made, for the reason that the existing one had been done by an outside agency. However this attempt was not successful, due to the difficulty in amending the 'MacArthur Constitution' if we may call it that. The New Constitution is around a thousand words longer than the Meiji Constitution, having a Preamble and eleven chapters consisting of 103 articles.. The Constitution rejects the earlier enshrined principle that power is derived from the Emperor. The Emperor was now made a trustee of the power that emanted from the people (Article 1). Executive power (as is the case in any Parliamentary Democracy) was vested in a ministerial cabinet. A Supreme Court was established to head the Judiciary. Hereditary peerages were abolished (Article 14); democratic elections were commenced (Article 15), and the Constitution was made supreme. Any law that violated any provision of the Constitution was illegal.. War was also renounced, and there is a provision stating that no armed forces are to be maintained. (This provision has been modified slightly by an amendment in 2005 - Article 9-2) The procedure for amending the Constitution of Japan is very stringent. This requires a two-thirds majority from both the houses of the Legislature, followed by a referendum to ratify it (Article 96). A few amendments to the Constitution have been made since it was promulgated in 1947. The Japanese Constitution is an example of a major change in the political processes of a country being wrought by external influences. Works Cited Constitution of Japan (Text) Retrieved 17th May,2007 The Meiji Constitution (Text) Retrieved 17th May, 2007 Read More