Constitutional Law at Japan
Constitution of Japan - Wikipedia Japan's constitutional framework is defined by the Constitution of Japan, also known as the Postwar Constitution or the MacArthur Constitution, which came into effect on May 3, 1947. This constitution was drafted during the Allied occupation following World War II and replaced the previous Meiji Constitution of 1889. It established Japan as a unitary parliamentary constitutional monarchy, emphasizing popular sovereignty, democracy, and human rights. (Constitution of Japan)
🇯🇵 Key Features of the Constitution of Japan
1. Preamble and Sovereignty
The preamble asserts that sovereign power resides with the people, rejecting the imperial sovereignty model of the Meiji Constitution. It emphasizes that government authority is derived from the will of the people and must be exercised for their benefit. (Constitution of Japan)
2. The Emperor (Articles 1–8)
Article 1 designates the Emperor as "the symbol of the State and of the unity of the people." His role is strictly ceremonial, with no governing powers. The Emperor's duties are performed only with the advice and approval of the Cabinet. (Constitution of Japan)
3. Renunciation of War (Article 9)
Article 9 is a distinctive feature of the Japanese Constitution, renouncing war and prohibiting the maintenance of military forces for warfare. It states: (Shinzo Abe Moves Closer to Changing Japan's Pacifist Constitution)
"Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes."
Despite this, Japan maintains the Self-Defense Forces (SDF), which are constitutionally controversial. The SDF's existence and activities have been subjects of debate, with some arguing that they contravene Article 9, while others view them as necessary for national defense.
4. Fundamental Human Rights (Articles 10–40)
The constitution guarantees a wide range of individual rights, including:
Freedom of speech, assembly, and association
Right to a fair trial
Freedom of religion
Right to work
Right to education
Prohibition of discrimination (Constitution of Japan, Constitution of Japan (Part II ...)
These rights are inviolable and cannot be altered by ordinary legislation.
5. The Diet (Articles 41–64)
The Diet is Japan's bicameral legislature, consisting of:
House of Representatives: The lower house, with members elected by the people.
House of Councillors: The upper house, with members elected by the people and through proportional representation.
The Diet holds legislative power, including the authority to enact laws, approve the budget, and ratify treaties.
6. The Cabinet (Articles 65–75)
The Cabinet, headed by the Prime Minister, exercises executive power. The Prime Minister is elected by the Diet and must be a member of the Diet. The Cabinet is collectively responsible to the Diet. (Constitution of Japan)
7. Judiciary (Articles 76–82)
The judiciary is independent and has the power of judicial review. The Supreme Court is the highest court, with lower courts established by law. Judges are appointed by the Cabinet and serve for life, ensuring judicial independence.
8. Amendment Procedures (Article 96)
Amendments to the constitution require:
Approval by a two-thirds majority in both houses of the Diet.
Approval by a majority in a national referendum. (Constitution of Japan)
This rigorous process has made the Japanese Constitution one of the world's oldest unamended constitutions. (Constitution of Japan)
📰 Recent Developments
In recent years, there have been discussions about revising Article 9 to allow for collective self-defense and a more active military role. In 2014, Prime Minister Shinzo Abe's administration reinterpreted Article 9 to permit Japan to exercise collective self-defense, enabling the SDF to assist allies under certain conditions. This move faced domestic and international criticism, with opponents arguing it undermined Japan's pacifist principles. (Abe Moves a Step Closer to Easing Restraints on Japan's Military)
📘 Accessing the Constitution
The full text of the Constitution of Japan is available in English at the National Diet Library.
RELATED Blog
0 comments