The modern Constitution of Japan is the result of the defeat of the state in World War II. The main feature of the Japanese basic law is that in the entire history of its existence, not a single amendment has been made to it. Prior to the adoption of this document, the so-called Meiji Constitution was in force in the country. This article will compare the provisions of both documents.
Japanese Constitution of 1889
The Meiji Constitution was promulgated in 1889, and in 1890 it entered into force. Her main points were as follows:
- sovereignty belongs to the emperor;
- all kinds of power are the responsibility of the emperor;
- the rights and freedoms of the Japanese were granted by the emperor;
- each right is accompanied by a reservation of law;
- Legislative, judicial and administrative powers complement the supreme power of the emperor.
The aforementioned Constitution of Japan was a compromise between the emperor and the liberal democratic forces. The application of this basic law depended on specific historical conditions. So, at the beginning of the 20th century, this constitution contributed to the creation of a parliamentary monarchy. But after 1929, military structures intensified in Japan, which significantly changed the interpretation of the described constitution.
1947 Japanese Constitution
Shortly after the surrender of Japan, which occurred as a result of its defeat in World War II, preparations began for the adoption of a new fundamental law, which passed under the control of allies (USA, Great Britain, China, the USSR). Their main demand was that the Japanese government remove all obstacles to the spread of democratic principles.
Thus, the current Constitution of Japan is based on three principles:
- the sovereignty of the people;
- pacifism (refusal of war);
- respect for basic human rights.
The listed principles are recorded in the preamble of the fundamental law of the eastern country. At the same time, the Japanese Constitution provokes a debate about the relationship between the status of the emperor and the principle of sovereignty. In fact, the emperor does not have real political power, but is a living symbol of Japan and the unity of its people. In addition, the absolute rejection of hostilities has no precedent in the constitutions of other countries. And at the moment there is some contradiction between the 9th article of the Constitution and the self-defense forces in the country. The de facto specified article is not respected, because the country has quite powerful armed forces.
Despite the fact that the modern Constitution has never been amended, the liberal democratic forces still want to implement them. Most of the proposed amendments relate to the military strategy of Japan. In particular, the Japanese defense forces were proposed to openly call the army. In addition, they plan to position the emperor not just as a symbol, but as the head of state. Equally important is the provision of opportunities for women to occupy the post of emperor. According to lawyers, it is also worth expanding human rights. This refers to the right to privacy, honor and dignity, as well as to information.