MVP ARCHIVE HISTORY | Civilization GOVERNMENT : Constitution of the Empire of Japan 1889 - The Constitution that established the foundation of the modern Japanese state system
MVP ARCHIVE HISTORY > Civilization > Civilization GOVERNMENT : Constitution of the Empire of Japan 1889 - The Constitution that established the foundation of the modern Japanese state system
Constitution of the Empire of Japan - The Constitution that established the foundation of the modern Japanese state system
On February 11, 1889, the Constitution of the Empire of Japan was promulgated.
It went into effect on November 29, 1890, the following year, and the first Imperial Diet was convened on the same day.
Consisting of 76 articles, this Constitution established Japan's governing structure as a written constitution during the construction of a modern state that followed the Meiji Restoration.
It stipulated the roles of the Emperor, Ministers of State, the Imperial Diet, the courts, the military, finance, and the rights and duties of subjects, and it served as the fundamental law defining Japan's state system until the Constitution of Japan went into effect on May 3, 1947.
The Meiji Restoration and the State System
With the Meiji Restoration of 1868, the political system centered on the Edo Shogunate ended, and the construction of a state by a new government began.
The Meiji government promoted centralization and implemented the abolition of the han system and the establishment of prefectures in 1871.
While reorganizing the administrative system that had been divided into old domains and placing the entire country under the rule of the central government, various systems necessary for operating the state were developed, such as the conscription system, the land tax reform, the school system, and the judicial system.
However, the fundamental governing systems—such as what system would determine the supreme will of the state, what relationship the government and the Diet would have, and how the rights of the people would be defined—were still in the process of formation.
Amidst this, the Freedom and People's Rights Movement became an important political movement.
Movements Calling for the Opening of a National Diet
In 1874, Itagaki Taisuke and others submitted the Petition for the Establishment of an Elected Assembly to the government.
The movement calling for the establishment of a parliament with citizen participation subsequently spread throughout the country.
The Freedom and People's Rights Movement demanded the opening of a national diet, the enactment of a constitution, and the expansion of political participation, and original draft constitutions, known as private constitutions, were also created in various regions.
As these political movements expanded, the Meiji government issued the Imperial Rescript on the Opening of the National Diet in 1881, indicating a policy to open the Diet in 1890.
To establish the Diet, a fundamental law of the state defining its authority and relationship with the government became necessary, and the enactment of a constitution became a concrete national project.
Ito Hirobumi and Constitutional Research
One of the central figures in the enactment of the constitution was Ito Hirobumi .
In 1882, Ito was dispatched to Europe to investigate the constitutional systems of various countries.
Ito and his colleagues studied the state systems of the German Empire, Prussia, Austria, and others, and also received lectures from constitutional scholars.
In Europe at the time, different political systems existed, such as the British-style parliamentary politics, the French republican system, and the constitutional monarchies of the German states.
The Japanese government did not intend to transplant these systems as they were, but rather to build a constitutional system that corresponded to Japan's Imperial House system and political situation.
After returning to Japan, the drafting of the constitution proceeded with Ito Hirobumi, Inoue Kowashi, Ito Miyoji, and Kaneko Kentaro as the central figures.
The Cabinet System
In 1885, prior to the enactment of the constitution, the Cabinet system was established in Japan.
Replacing the previous Dajokan (Grand Council of State) system, a system was developed where the Prime Minister and Ministers of State were responsible for administration, and Ito Hirobumi was appointed as the first Prime Minister.
However, the Constitution of the Empire of Japan does not contain systematic provisions regarding the "Cabinet" or the "Prime Minister" themselves.
Article 55 of the Constitution stipulated, “The respective Ministers of State shall give their advice to the Emperor, and be responsible for it,” and each Minister of State was positioned as an entity that advised the Emperor.
1889 | Promulgation of the Constitution
In 1888, the Privy Council was established, and deliberations on the draft constitution were conducted.
Then, on February 11, 1889, the Constitution of the Empire of Japan was promulgated, taking the form of the Emperor granting the constitution to his subjects, and it went into effect the following year, on November 29, 1890.
The first Imperial Diet was convened on the same day.
The Emperor
The Constitution of the Empire of Japan Central to understanding the state system of the
Article 1 stipulated, “The Empire of Japan shall be reigned over and governed by a line of Emperors unbroken for ages eternal.” Article 3 stated,
“The Emperor is sacred and inviolable.”
Furthermore, Article 4 stipulated that the Emperor, as the head of state, holds the sovereign power of the state and exercises it in accordance with the provisions of the Constitution.
In other words, while the Emperor was positioned at the center of state governance, the structure was such that this sovereign power was exercised through systems defined by the Constitution.
Imperial Prerogative
The Constitution defined various powers held by the Emperor.
These are generally called Imperial Prerogative. However, the assistance of Ministers of State was involved in the Emperor's acts of state, and the Imperial Diet held constitutional authority regarding laws and budgets.
Imperial Diet
The Constitution of the Empire of Japan established the Imperial Diet as an institution involved in legislation.
The Imperial Diet was composed of two houses: the House of Peers and the House of Representatives.
House of Peers
The House of Peers was composed of members selected from the Imperial family, the nobility, imperial appointees, and high taxpayers; unlike the House of Representatives, it was not a generally elected assembly.
House of Representatives
Members of the House of Representatives were elected by vote.
However, in the first House of Representatives election in 1890, the right to vote was limited to males aged 25 or older who paid a certain amount of direct national tax, so the population with the right to vote was initially only a portion of the entire citizenry.
Subsequently, the electoral system was revised several times, and in 1925, the right to vote was expanded to all males aged 25 or older by the Universal Manhood Suffrage Act.
Powers of the Diet
Article 5 of the Constitution stipulated, “The Emperor exercises the legislative power with the consent of the Imperial Diet.” For a law to be enacted, the consent of the Imperial Diet was required.
Bills could be submitted not only by the government but also by the Diet.
The Imperial Diet also had the authority to deliberate on the national budget.
However, it was not a system where the Diet decided everything regarding state governance.
There were areas, such as matters belonging to the Imperial Prerogative, that did not require the Diet's resolution.
Ministers of State
The Constitution of the Empire of Japan Article 55 stipulated, “The respective Ministers of State shall give their advice to the Emperor, and be responsible for it,”
and Ministers of State were entities that assisted the Emperor in state affairs.
What is important is that it was not a system where Ministers of State were elected by the Imperial Diet.
In present-day Japan, the Prime Minister is designated by the Diet from among the members of the Diet.
Under the Constitution of the Empire of Japan, such a parliamentary cabinet system was not explicitly stipulated in the Constitution.
However, in actual political practice, there were periods when cabinets based on political parties were formed, and the political operation of the time was not determined solely by the articles of the Constitution.
Rights and Duties of Subjects
The Constitution of the Empire of Japan referred to the people as subjects. Centered on Articles 18 through 32, the rights and duties of subjects were defined.
However, many rights were subject to conditions such as
“within the limits of the law” or “except in cases provided for by law.” The structure and concept of these provisions differ from the fundamental human rights in the current
Constitution of Japan.
Duties of Subjects
The Constitution defined not only rights but also duties.
Representative examples are the duty of military service and the duty to pay taxes. Military service was stipulated in Article 20, and taxation in Article 21.
Military
The Constitution of the Empire of Japan Article 11 stipulated that “The Emperor shall command the Army and Navy.” Article 12 stated that the Emperor would determine the organization and standing strength of the Army and Navy. Article 13 stipulated that the declaration of war, the conclusion of peace, and the signing of treaties were the Emperor's prerogatives.
In this way, the Emperor's constitutional authority over military and diplomatic affairs was explicitly stated, and the specific systems of the military were composed of multiple legal systems, including not only the Constitution but also military orders and government organization laws.
Judiciary
Constitutional provisions were also established for the judiciary. Article 57 stated that
“The Judicature shall be exercised by the Courts of Law according to law, in the name of the Emperor.” The organization of the courts was determined by law, and judges were to conduct trials in accordance with the law.
Regarding administrative litigation, a system of administrative courts existed separately from the ordinary judicial courts.
Finance
Taxes and a budget are necessary to operate a state. The
Constitution of the Empire of Japan also included a chapter on finance. The principle was established that imposing new taxes or changing tax rates must be done by law, and the state's annual revenue and expenditure were submitted to the Imperial Diet as a budget every year.
On the other hand, there were special provisions for Imperial Household expenses and established expenditures. A system was also stipulated whereby the government could implement the previous year's budget if a new budget was not passed.
Emergency Systems
The Constitution of the Empire of Japan also contained emergency systems for situations such as when the Imperial Diet was closed. Article 8 stated that in cases of urgent necessity to maintain public safety or to avert public calamities, emergency imperial ordinances could be issued in place of law while the Imperial Diet was closed.
However, such ordinances had to be submitted to the Imperial Diet at its next session. If the Diet did not approve them, the government was required to announce that they would lose their effect for the future.
Constitutional Amendment
The Constitution of the Empire of Japan also stipulated procedures for its own amendment. The power to initiate a constitutional amendment proposal to the Imperial Diet rested with the Emperor. Stricter conditions for passage were set in the Diet than for ordinary laws.
A quorum of two-thirds or more of the total members was required in each house, and the approval of two-thirds or more of those present was necessary, meaning that a unique amendment procedure distinct from ordinary laws was prepared for the Constitution.
The Imperial House Law
The Constitution of the Empire of Japan was enacted in 1889, the same year as the Imperial House Law. It defined systems related to the Imperial Household, such as imperial succession, imperial family members, and the regency. Under the system at the time, the Constitution of the Empire of Japan and the Imperial House Law were positioned as different systems.
Article 74 of the Constitution stated that the amendment of the Imperial House Law did not require the resolution of the Imperial Diet, and that the provisions of the Constitution could not be altered by the Imperial House Law. The Constitution concerning state governance and the Imperial House Law concerning the Imperial Household system coexisted.
Basic Design of Modern Japan
The Constitution of the Empire of Japan is not simply a “law that defines the Emperor.” Major systems that constituted modern Japan, such as
the Emperor, Ministers of State, the Imperial Diet, the courts, the military, finance, and subjects
, were arranged within it. While placing the Emperor at the center of state governance, the Imperial Diet participated in the enactment of laws. The Constitution of the Empire of Japan was what defined these respective powers and relationships in writing.
1947 | To the Constitution of Japan
In 1945, Japan surrendered in World War II.
Following this, work began on the enactment of a new constitution.
On November 3, 1946, the Constitution of Japan was promulgated, and it went into effect on May 3, 1947.
Archive Point
The Constitution of the Empire of Japan is a written constitution of Japan that was promulgated on February 11, 1889, and went into effect on November 29, 1890.
It was enacted during the construction of a modern state that proceeded after the Meiji Restoration, and it established the fundamental system for governing the nation.
The Imperial Diet was composed of the House of Peers and the House of Representatives, forming a system for deliberating on laws and the national budget.
For subjects, rights such as freedom of speech, assembly, and religion within the limits of the law, as well as property rights and the right to a fair trial, were also stipulated.
Meanwhile, the Emperor, as the head of state, held supreme control over the sovereign power, and authority regarding military command, declarations of war, peace treaties, and the convening of the Diet was stipulated by the constitution.
What the Constitution of the Empire of Japan demonstrates is the kind of system that Meiji-era Japan constructed as a modern state.
From 1890 to 1947, Japan's national system operated with this constitution as its fundamental framework, and with the enforcement of the Constitution of Japan on May 3, 1947, Japan's constitutional system transitioned to a new structure.
MVP ARCHIVE HISTORY > Civilization > Civilization GOVERNMENT : Constitution of the Empire of Japan 1889 / Constitution of the Empire of Japan - The constitution that established the foundation of the modern Japanese state system
