Constitution Of Japan

The Constitution of Japan is the nation's founding legal document. It provides for a form of representative democracy under a parliamentary system of government. Under its terms the Emperor of Japan is the de facto head of state but exercises a purely ceremonial role. The Constitution of Japan took effect on May 3, 1947, during the United States occupation that followed the surrender of Japan at the end of World War II. Prior to 1947 the country was governed under the Meiji Constitution, known formally as the 'Constitution of the Empire of Japan'.

Overview

The Constitution of Japan was written under the close supervision of General Douglas MacArthur and the occupation forces. Much of it was drafted by two senior Army officers with law degrees, Milo Rowell and Courtney Whitney. The articles about equality between men and women are reported to be written by Beate Sirota. Although the document's authors were non-Japanese, they took into account the Meiji Constitution, the demands of Japanese attorneys, and the opinions of pacifist political leaders such as Shidehara Kijuro and Yoshida Shigeru. On March 6, 1946, the government publicly disclosed an outline of the pending constitution. It was decided that in adopting the new document the Meiji Constitution would not be violated, but rather legal continuity would be maintained. Thus the 1946 constitution was adopted as an amdment to the Meiji Constitution in accordance with the provisions of Article 73 of that document. Under that Article the new constitution was formally proposed to the Imperial Diet by the Emperor by imperial order. When discussed and voted upon in the Diet the draft constitution took the form of the Bill for Revision of the Imperial Constitution. The ninetieth Imperial Diet finally approved the constitution on November 3, 1946, and it took effect on May 3, 1947. Notable parts of the Constitution include the designation of the Emperor as the symbol of the state with ceremonial powers, Article 9, which forbids Japan from having an army or a navy except in self-defense, and the establishment of judicial review.

References

  • Hanover Historical Texts Project. "1889 Japanese Constitution". Accessed 19 November 2003 from: http://history.hanover.edu/texts/1889con.html
  • Kishimoto, Koichi. Politics in Modern Japan. Tokyo: Japan Echo, 1988. ISBN 4915226018. Pages 7–21.
  • The Constitution of Japan (English). Courtesy of the House of Councillors (2001). Accessed 19 November 2003 from: http://www.sangiin.go.jp/eng/law/index.htm

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