|
|
|
|
|
Meiji ConstitutionThe Constitution of the Empire of Japan, more commonly known as the Imperial or Meiji Constitution, was the foundational legal document of the Empire of Japan from 1890 until 1947. Enacted as part of the Meiji Renewal, it provided for a form of constitutional monarchy based on the Prussian model in which the Emperor was an active ruler and wielded considerable political power, but shared this with an elected diet. In 1947, following Japan's defeat and occupation at the end of the Second World War, the Meiji Constitution was replaced by a new document, called simply the 'Constitution of Japan', which attempted to establish a form of liberal democracy. In 1881, Ito Hirobumi announced that the Japanese government would draft a new constitution in a decade. Prior to the adoption of the Meiji Constitution the Emperor reigned, notionally, as an absolute monarch. Thus the new constitution was simply enacted by the Emperor himself, rather than by an elected assembly or by means of a referendum. It was adopted on 11 February, 1889 but came into effect on 29 November, 1890. In the constitution the documents authors outlined the role of the Emperor and the Imperial Family; the rights of citizens; the structure of the national legislature; the roles of Ministers of State and the judiciary; and rights of taxation. Article 1 of the first chapter states that Japan would be ruled by the Emperor and the Imperial Family for "ages eternal", adding—in contradictory terms—that the Emperor is inviolable (Article 3) and at the same time subordinate to the constitution (Article 4). The second chapter, in detailing the rights of citizens, bears a resemblance to similar articles in both European and North American constitutions of the day. While Article 73 provided a procedure for the adoption of constitutional amendments, no such amendment was made prior to 1946. The first Diet of Japan convened on the same day as the constitution came into force day. The constitution stipulated that a representative assembly based on the Prussian diet be established, while retaining much power in the hands of the Emperor. The structure of the Diet showed both Prussian and British influences, most notably 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. Following Japan's defeat in World War II the occupying powers insisted on the adoption of a new, more liberal and democratic constitution, in which the role of the Emperor would be purely ceremonial. Nonetheless the existing constitution was not violated. In order to ensure legal continuity, the 1946 constitution was adopted in compliance with the provisions of Article 73 of the Meiji Constitution. It was thus adopted, theoretically, as an amendment to the constitution that preceeded it. See also External links
|
 |
|
| Copyright 2005-2009 OnPedia.com. All Rights Reserved |
|
|