2.1 Meiji Constitution
9 min read•august 21, 2024
The marked a pivotal shift in Japan's governance, transitioning from feudal rule to a constitutional monarchy. This document, promulgated in 1889, blended traditional Japanese values with Western constitutional principles, aiming to establish Japan as a modern nation-state.
The constitution granted extensive powers to the Emperor while creating a and outlining limited rights for subjects. It balanced absolute monarchy with constitutional governance, favoring and maintaining strong central power, which significantly impacted Japan's rapid modernization and rise as a world power.
Historical context
- Meiji Constitution emerged during a period of rapid modernization and in Japan
- Marked a significant shift from feudal rule to a constitutional monarchy
- Aimed to establish Japan as a modern nation-state capable of competing with Western powers
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- Ended over 250 years of feudal rule in Japan
- Triggered by internal dissatisfaction and external pressure from Western powers
- Led to the return of political power to the Emperor (known as the )
- Resulted in the abolition of the han system and the dismantling of samurai class privileges
Meiji Restoration
- Occurred in 1868, marking the beginning of the Meiji era
- Restored imperial rule under Emperor Meiji
- Initiated comprehensive reforms in government, economy, and society
- Adopted the slogan "Fukoku kyōhei" (Enrich the country, strengthen the military)
Western influence
- Increased exposure to Western ideas and institutions through foreign advisors and study missions
- Adoption of Western-style legal codes, education systems, and military structures
- Influenced by concepts of constitutionalism and parliamentary government from Europe and the United States
- Led to the adoption of a and the creation of a bicameral legislature
Structure and drafting
- Meiji Constitution was Japan's first modern constitution, promulgated in 1889
- Aimed to balance traditional Japanese values with Western constitutional principles
- Drafted by a small group of oligarchs and legal experts, led by
Iwakura Mission
- Diplomatic mission sent to the United States and Europe from 1871 to 1873
- Led by Iwakura Tomomi, a prominent Meiji statesman
- Studied Western political systems, industries, and educational institutions
- Findings significantly influenced the drafting of the Meiji Constitution
Prussian model influence
- Japanese leaders were particularly impressed by the Prussian constitutional system
- Adopted elements of Prussian state structure, including a strong executive and limited parliamentary powers
- Incorporated the concept of the Emperor as a sacred and inviolable sovereign
- Influenced the establishment of a Privy Council and the structure of the
Drafting process
- Began in 1876 with the establishment of the (Chamber of Elders)
- Itō Hirobumi led a constitutional study mission to Europe in 1882
- Secret drafting committee formed in 1884, including Itō, Inoue Kowashi, and Kaneko Kentarō
- Final draft completed in 1888 and promulgated by Emperor Meiji on February 11, 1889
Key provisions
- Meiji Constitution established Japan as a constitutional monarchy
- Defined the Emperor's role as head of state and supreme commander of the armed forces
- Created a bicameral legislature and outlined of subjects
Emperor's role
- Declared the Emperor as sacred and inviolable (Article 3)
- Vested the Emperor with sovereign power and the right to exercise it (Article 4)
- Granted the Emperor extensive powers, including:
- Sanctioning laws
- Convoking the Imperial Diet
- Issuing imperial ordinances
- Supreme command of the Army and Navy
Imperial Diet structure
- Established a bicameral legislature consisting of:
- (upper house)
- Members appointed by the Emperor from the nobility and other elite groups
- (lower house)
- Members elected by male citizens meeting certain property and tax qualifications
- (upper house)
- Granted the Diet the power to approve the budget and pass legislation
- Required Imperial sanction for all laws passed by the Diet
Fundamental rights
- Enumerated limited rights and freedoms for Japanese subjects
- Included provisions for:
- Freedom of residence and movement (Article 22)
- Freedom from arrest, detention, trial, or punishment except according to law (Article 23)
- , within limits of peace and order (Article 28)
- Notably, these rights were subject to "the limits of the law," allowing for significant government restrictions
Constitutional monarchy
- Meiji Constitution established a hybrid system combining absolute monarchy with constitutional governance
- Aimed to preserve traditional imperial authority while introducing modern political institutions
- Created a complex balance of power between the Emperor, government ministers, and the Imperial Diet
Emperor's powers vs limitations
- Emperor held extensive powers, including:
- Declaring war and making peace
- Concluding treaties
- Appointing and dismissing government officials
- Limitations on imperial power included:
- Requirement for ministerial countersignatures on imperial orders
- Need for Diet approval of the annual budget
- Constitutional provisions limiting arbitrary rule
Role of Prime Minister
- appointed by the Emperor, not elected by the Diet
- Served as the head of the and chief advisor to the Emperor
- Responsible for coordinating government policies and representing the government to the Diet
- Not required to be a member of the majority party in the Diet, leading to potential conflicts between executive and legislative branches
Cabinet system
- Established a Cabinet (Naikaku) as the executive body of government
- Cabinet ministers appointed by the Emperor on the advice of the Prime Minister
- Ministers of State required to countersign all laws, imperial ordinances, and imperial rescripts (Article 55)
- Cabinet collectively responsible to the Emperor, not to the Diet
- This arrangement limited parliamentary control over the executive
Separation of powers
- Meiji Constitution introduced a form of , albeit with significant limitations
- Power distribution favored the , particularly the Emperor and his advisors
- Aimed to create checks and balances while maintaining strong central authority
Executive branch
- Headed by the Emperor as the sovereign ruler
- Cabinet led by the Prime Minister, responsible for day-to-day governance
- Privy Council established as the Emperor's highest advisory body
- Reviewed and approved important state matters
- Members appointed by the Emperor from among senior statesmen and experts
- Genrō (elder statesmen) played an influential role in advising the Emperor and shaping policy
Legislative branch
- Imperial Diet established as a bicameral legislature
- House of Peers:
- Members included hereditary nobility, imperial appointees, and elected representatives of top taxpayers
- Served as a conservative counterbalance to the elected lower house
- House of Representatives:
- Members elected through a limited franchise based on tax qualifications
- Gradually expanded suffrage over time, but remained restricted
- Diet's powers included:
- Approving the annual budget
- Passing legislation (subject to imperial sanction)
- Submitting addresses to the Emperor
Judicial branch
- Established a modern court system based on European models
- (Daishin'in) served as the highest court of appeal
- Judges appointed by the Emperor
- Courts lacked the power of judicial review over legislation
- Could not declare laws unconstitutional
- Administrative courts created to handle disputes between citizens and government agencies
Civil rights and liberties
- Meiji Constitution introduced the concept of civil rights to Japan, but with significant limitations
- Rights were granted to "subjects" rather than "citizens," emphasizing duty to the state
- Many rights were qualified by phrases like "within the limits of law," allowing for extensive government restrictions
Limited individual rights
- , press, and assembly subject to legal restrictions
- Property rights protected, but subject to expropriation for public use
- Right to petition the government granted, but limited in practice
- Privacy of correspondence protected, except in criminal cases
Duties of subjects
- Obligation to pay taxes (Article 21)
- Duty to serve in the military (Article 20)
- Requirement to obey the constitution and laws (Article 24)
- Emphasis on loyalty to the Emperor and state over individual rights
Freedom of religion
- Article 28 granted freedom of religious belief "within limits not prejudicial to peace and order"
- State Shinto maintained a privileged position, blurring the line between religion and state
- Christianity and other religions tolerated, but sometimes faced social and political pressure
- Religious freedom often subordinated to state interests and imperial authority
Military provisions
- Meiji Constitution granted significant autonomy and authority to the military
- Established the Emperor as supreme commander of the armed forces
- Created a system that allowed the military to operate with limited civilian oversight
Imperial armed forces
- Army and Navy directly responsible to the Emperor, not the civilian government
- Military leaders had direct access to the Emperor, bypassing civilian authorities
- Supreme command exercised by the Emperor through the Army and Navy General Staffs
- Military budget given special protection, difficult for Diet to reduce
Conscription system
- Universal male conscription introduced in 1873
- Required all able-bodied men to serve in the military for a set period
- Helped create a modern, national army and navy
- Contributed to the militarization of Japanese society
Military autonomy
- Ministers of Army and Navy required to be active-duty officers
- This provision gave military significant influence over cabinet formation
- Military could effectively veto civilian governments by refusing to nominate ministers
- "Independence of the supreme command" doctrine developed, asserting military's right to act independently in operational matters
- Led to increasing military influence in politics and foreign policy in the 1930s
Constitutional amendments
- Meiji Constitution included provisions for amendments, but made the process difficult
- No amendments were ever successfully passed during its 57-year history
Amendment process
- Amendments could only be initiated by the Emperor (Article 73)
- Required approval by two-thirds majority in both houses of the Imperial Diet
- Amendments prohibited from changing the Emperor's prerogatives or the fundamental character of the Empire
- Process designed to ensure stability and protect imperial authority
Lack of amendments
- No formal amendments made between 1889 and 1947
- Political changes often implemented through reinterpretation or imperial rescripts
- Flexibility of the constitution allowed for significant shifts in governance without formal amendments
- Contributed to the longevity of the Meiji constitutional system despite changing political circumstances
Impact and legacy
- Meiji Constitution played a crucial role in Japan's rapid modernization and emergence as a world power
- Established the framework for Japan's political system for nearly six decades
- Influenced later constitutional developments in Japan and other Asian countries
Modernization efforts
- Provided legal basis for Japan's transformation from feudal society to modern nation-state
- Facilitated the development of modern political institutions and bureaucracy
- Supported rapid industrialization and economic growth
- Enabled Japan to revise unequal treaties and achieve legal parity with Western powers
Democratic limitations
- Restricted suffrage and political participation
- Allowed for the dominance of oligarchic rule (genrō and Privy Council)
- Limited parliamentary control over the executive and military
- Contributed to the rise of authoritarian tendencies in the 1930s
Transition to postwar constitution
- Meiji Constitution replaced by the Constitution of Japan in 1947
- New constitution drafted under Allied occupation, emphasizing and pacifism
- Retained the Emperor as a symbol of the state, but removed political power
- Expanded and democratic institutions
Criticisms and controversies
- Meiji Constitution faced various criticisms throughout its history and in subsequent analyses
- Debates centered on the balance between traditional authority and modern governance
Oligarchic control
- Small group of oligarchs (genrō) wielded significant influence over policy-making
- Extra-constitutional bodies like the Privy Council often overshadowed elected representatives
- Lack of accountability for key decision-makers to the electorate
- Contributed to the persistence of elite rule and limited popular participation
Weak democratic elements
- Limited suffrage excluded large portions of the population from political participation
- House of Peers served as a conservative check on the elected House of Representatives
- Cabinet not responsible to the Diet, limiting parliamentary control
- Allowed for the development of "transcendental cabinets" not based on party majorities
Human rights issues
- Rights granted to subjects were limited and easily restricted by law
- Lack of effective protections for minorities and dissenting voices
- Peace Preservation Law of 1925 used to suppress political opposition
- Treatment of colonial subjects in Korea and Taiwan often fell short of constitutional ideals
International comparisons
- Meiji Constitution drew inspiration from various European models while maintaining distinctly Japanese elements
- Influenced constitutional developments in other Asian countries seeking to modernize
Meiji vs European constitutions
- Shared similarities with Prussian constitution in terms of strong executive power
- More limited popular sovereignty compared to British or French models
- Unique in its treatment of the Emperor as sacred and inviolable
- Less emphasis on individual rights than many Western constitutions of the time
Influence on Asian constitutions
- Served as a model for other Asian countries seeking to modernize their political systems
- Influenced the development of constitutional monarchy in Thailand (Siam)
- Aspects of imperial authority and state structure influenced Chinese republican thinking
- Provided a template for balancing traditional authority with modern governance in non-Western contexts
Key Terms to Review (39)
1911 revision: The 1911 revision refers to the significant amendments made to the Meiji Constitution of Japan, which was originally promulgated in 1889. This revision aimed to address various political and social changes in Japan, enhancing the powers of the Emperor while altering the relationship between the state and its citizens. The changes reflected Japan's evolving governance and response to both domestic pressures and international influences during the early 20th century.
Amendment process: The amendment process refers to the formal procedure by which changes or additions are made to a constitution. In the context of the Meiji Constitution, this process was characterized by strict requirements, reflecting the government's desire to maintain control and stability while allowing for limited constitutional reform.
Bicameral Legislature: A bicameral legislature is a legislative body that consists of two separate chambers or houses, typically called the upper house and the lower house. This structure is designed to provide a system of checks and balances within the legislative process, allowing for more thorough debate, representation, and consideration of legislation before it becomes law. In the context of the Meiji Constitution, this dual-chamber system was established to modernize Japan's political structure and balance power between different interests in society.
Cabinet: The cabinet is a body of high-ranking officials, typically consisting of the top leaders of the executive branch, including the prime minister and various ministers responsible for different government departments. In Japan, the cabinet plays a crucial role in both policy-making and administration, functioning as the primary decision-making authority that coordinates between various ministries and oversees government functions.
Cabinet system: The cabinet system refers to a form of government where the executive branch is composed of a group of officials, typically called ministers or secretaries, who are appointed by the head of state or government to oversee specific areas of public policy and administration. This system is significant as it combines both the executive and legislative branches, allowing for collective decision-making and accountability to the legislature, which is a crucial aspect of governance under the Meiji Constitution.
Civil Liberties: Civil liberties are fundamental rights and freedoms that protect individuals from government overreach and ensure the personal freedoms of citizens. These liberties typically include the right to free speech, freedom of religion, the right to privacy, and the right to due process. The evolution of civil liberties in Japan reflects significant changes in political power and the constitutional framework from the Meiji period through the Taisho era and into the post-World War II era.
Conscription system: The conscription system is a mandatory enlistment of individuals into the armed forces, often implemented during times of war or national emergency. In Japan, this system was notably formalized during the Meiji Era as part of broader military reforms aimed at modernizing the army and strengthening the nation. This system not only reflected the militarization of Japanese society but also influenced citizenship and national identity by requiring service from all able-bodied men.
Constitutional Law of 1890: The Constitutional Law of 1890, also known as the Meiji Constitution, was the first constitution of Japan, enacted during the Meiji Restoration. This legal framework aimed to modernize Japan and established a constitutional monarchy, outlining the structure of government, the rights of citizens, and the relationship between the emperor and the state. It was significant in shaping Japan's political landscape by combining Western legal concepts with traditional Japanese governance.
Constitutional Reform of 1889: The Constitutional Reform of 1889, also known as the Meiji Constitution, established a new framework for government in Japan, introducing a constitutional monarchy that aimed to modernize the state and strengthen its governance. This reform marked Japan's transition from a feudal society to a more centralized and bureaucratic system, blending Western political concepts with traditional Japanese values. The document created by this reform laid the foundation for Japan’s political structure and influenced its governance until World War II.
Executive authority: Executive authority refers to the power and responsibility of the executive branch of government to enforce laws, administer public policy, and oversee the functioning of the state. This authority is crucial for ensuring that the laws passed by the legislative branch are implemented effectively. In Japan, the development of executive authority has evolved significantly, especially during periods of political change, such as the emergence of Taisho democracy, the establishment of the Meiji Constitution, and the restructuring of the cabinet system.
Executive Branch: The executive branch is the part of government responsible for implementing and enforcing laws, and it is headed by the chief executive, typically a president or prime minister. This branch plays a crucial role in governance, overseeing the administration of policies, conducting foreign affairs, and ensuring national security. It is essential to understand how this branch operates within the frameworks of historical constitutions, the balance of power among governmental branches, and the fundamental principles that guide its function.
Freedom of Religion: Freedom of religion refers to the fundamental right of individuals to hold and practice their own religious beliefs without interference from the government or other authorities. This concept is essential in promoting individual autonomy, social harmony, and tolerance within a diverse society, and it has been reflected in various legal frameworks, including constitutions and international human rights documents.
Freedom of speech: Freedom of speech is the right to express one's thoughts, opinions, and beliefs without fear of government censorship or punishment. This principle is a fundamental aspect of democratic societies and is often seen as essential for the functioning of a healthy political discourse. In the context of Japan, the evolution of this right has been influenced by historical legal frameworks, including earlier constitutions and significant post-war reforms, which aimed to enhance individual rights and freedoms.
Fundamental rights: Fundamental rights are basic human rights that are recognized as essential to the dignity and freedom of individuals, often enshrined in a constitution or legal framework. These rights serve as a safeguard against government abuse and ensure that every individual has access to justice, freedom of speech, and the right to privacy, among others. They play a crucial role in protecting individual liberties and promoting equality within a society.
Genrōin: Genrōin refers to the 'Elder Statesmen' of Japan during the Meiji and Taisho eras, particularly influential in shaping government policies and guiding the Emperor. They were not elected officials but held significant informal power, often serving as advisors to the Emperor and having a profound impact on the political landscape of Japan during this transformative period.
House of Peers: The House of Peers was the upper chamber of the Imperial Diet of Japan established under the Meiji Constitution, which was enacted in 1889. It functioned as a legislative body representing the interests of the nobility and other appointed members, contributing to the formation of laws alongside the House of Representatives. The House of Peers played a crucial role in the political landscape of Japan during the Meiji Era by allowing aristocratic influence in governance and providing a platform for discussions on national issues.
House of Representatives: The House of Representatives is one of the two chambers of Japan's National Diet, responsible for enacting laws and representing the electorate. It plays a crucial role in the legislative process, has the power to initiate budget proposals, and can influence the selection of the Prime Minister, making it a central component of Japan's government structure.
Imperial Armed Forces: The Imperial Armed Forces refers to the military organizations of Japan during the Meiji era, which were established under the Meiji Constitution. This military structure emphasized modernization and centralization, transforming Japan into a formidable military power while playing a crucial role in both domestic and foreign affairs during this period.
Imperial Decree: An imperial decree is a formal command or order issued by the emperor, holding significant legal authority within the context of governance. In the Meiji period, these decrees were vital tools for implementing reforms and changes, shaping Japan's political landscape by directly influencing legislation and administrative practices. They represented the emperor's will and played a crucial role in transitioning Japan from feudal rule to a modern state under the Meiji Constitution.
Imperial Diet: The Imperial Diet, known as the 'Teikoku Gikai' in Japanese, was the legislative body established under the Meiji Constitution of 1889. It consisted of two houses: the House of Peers and the House of Representatives, functioning as a means to facilitate parliamentary governance in Japan. The Diet played a crucial role in shaping modern Japanese politics, providing a platform for political debate and legislation while reflecting the shifting power dynamics between the monarchy and elected representatives.
Itō Hirobumi: Itō Hirobumi was a prominent Japanese statesman and leader during the Meiji Restoration who played a crucial role in the drafting of the Meiji Constitution. As Japan's first Prime Minister and a key architect of modernization, his influence extended beyond constitutional development, impacting the political landscape and governance of Japan during the late 19th and early 20th centuries.
Iwakura Mission: The Iwakura Mission was a Japanese diplomatic expedition that took place from 1871 to 1873, aimed at negotiating treaties with Western powers and studying their institutions and technologies. It was significant in shaping Japan's modernization efforts during the Meiji era, as it represented a commitment to learning from Western nations while preserving Japanese sovereignty and culture.
Judicial branch: The judicial branch is the part of government responsible for interpreting laws, resolving disputes, and ensuring justice within the legal system. This branch operates independently from the executive and legislative branches, providing a system of checks and balances essential for upholding the rule of law and protecting individual rights. The judicial branch plays a critical role in maintaining the constitutionality of laws and addressing issues of legal interpretation.
Legislative Branch: The legislative branch is the part of government responsible for making laws, representing the electorate, and overseeing the executive branch. It plays a crucial role in shaping public policy through the creation, amendment, and repeal of laws, while also ensuring checks and balances within the government structure.
Limited Individual Rights: Limited individual rights refer to the constraints placed on personal freedoms and liberties by a governing authority. In the context of a constitutional framework, such as that established by the Meiji Constitution, these rights were recognized but often subordinated to the needs of the state and the maintenance of public order. This balance between individual freedoms and state authority is a key feature in understanding how rights were implemented and enforced in Japan during the Meiji era.
Matsukata Masayoshi: Matsukata Masayoshi was a prominent Japanese statesman and politician who played a crucial role in the development of Japan's modern financial system during the Meiji Era. He is best known for his efforts in fiscal reform and for serving as Minister of Finance, where he implemented policies that laid the groundwork for the economic modernization of Japan, particularly in relation to the Meiji Constitution and governance.
Meiji Constitution: The Meiji Constitution, officially known as the Constitution of the Empire of Japan, was promulgated in 1889 and served as Japan's fundamental law until 1947. It established a framework for governance that combined elements of Western constitutionalism with traditional Japanese authority, playing a crucial role in the modernization of Japan during the Meiji Restoration, as well as influencing wartime legal systems and shaping the structure of government.
Meiji Restoration: The Meiji Restoration was a pivotal period in Japanese history that began in 1868, marking the end of the Tokugawa shogunate and the restoration of imperial rule under Emperor Meiji. This transformation led to significant political, social, and economic changes that modernized Japan and set the foundation for its emergence as a global power.
Military Autonomy: Military autonomy refers to the degree of independence that the military holds from civilian governmental control. In the context of the Meiji Constitution, it signifies how military leaders operated with significant authority and influence, often beyond the oversight of elected officials. This dynamic was central to Japan's militarization during the Meiji era, contributing to the establishment of a powerful military that played a crucial role in both domestic and foreign policy.
Military Provisions: Military provisions refer to the specific regulations and laws concerning the organization, maintenance, and conduct of military forces within a state. In the context of the Meiji Constitution, these provisions established a framework for the Imperial Japanese Army and Navy, outlining the responsibilities of military leaders and defining the relationship between military and civilian authorities. This structure was crucial in ensuring Japan's military modernization and imperial ambitions during the late 19th and early 20th centuries.
Natural Law: Natural law is a philosophical belief that certain rights and moral values are inherent in human nature and can be understood through reason, independent of enacted laws. This concept emphasizes that there are universal principles of justice and ethics that should guide the creation and interpretation of laws, reflecting a higher moral order that exists beyond man-made legislation.
Popular Sovereignty: Popular sovereignty is the principle that the authority of a government is created and sustained by the consent of its people, through their elected representatives. This concept underpins democratic governance, emphasizing that ultimate power resides with the citizenry rather than a monarch or an elite group. It serves as a foundation for various political structures and legal frameworks, shaping how laws are created, interpreted, and enforced in a society.
Prime Minister: The Prime Minister is the head of government in Japan, responsible for overseeing the executive branch and leading the Cabinet. This role is crucial in shaping government policy, managing the legislative process, and representing Japan both domestically and internationally. The Prime Minister's authority is derived from the constitution, specifically the Meiji Constitution, and has evolved significantly through parliamentary practices and the structures of various ministries and agencies.
Prussian Model Influence: The Prussian Model Influence refers to the adoption of the centralized bureaucratic and military structures of Prussia in the development of Japan's governance system, particularly during the Meiji Era. This model emphasized a strong state apparatus, universal conscription, and a merit-based civil service, which significantly shaped Japan's modernization efforts and the establishment of its constitutional framework.
Right to Assemble: The right to assemble is the freedom of individuals to gather peacefully for collective expression, protest, or any form of political action. This fundamental right is essential for democracy, as it allows citizens to voice their opinions and advocate for change. In the context of the Meiji Constitution, this right reflects the evolving political landscape in Japan during a period of modernization and the influence of Western ideas on Japanese governance.
Separation of Powers: Separation of powers is a political doctrine that divides the responsibilities and powers of government into distinct branches to prevent any one group from gaining too much control. This concept is crucial for maintaining a system of checks and balances, which is evident in the structure and functioning of various governmental components, ensuring that each branch operates independently while also providing oversight over the others.
Sovereignty of the Emperor: Sovereignty of the emperor refers to the constitutional principle that places the emperor at the center of the Japanese state, symbolizing the unity and continuity of the nation. This concept was significant in shaping Japan's political structure, particularly under the Meiji Constitution, which defined the emperor as the ultimate source of authority and governance, while also establishing a framework for modern governance.
Supreme Court: The Supreme Court is the highest judicial authority within a legal system, responsible for interpreting laws and ensuring justice. In the context of the Meiji Constitution, it played a pivotal role in establishing the rule of law and balancing governmental powers, thereby contributing to Japan's modernization and legal reforms during the Meiji era.
Westernization: Westernization refers to the process of adopting Western culture, values, practices, and institutions, often leading to significant changes in a society's political, economic, and social frameworks. This transformation typically involves the integration of Western legal systems, governmental structures, and societal norms, which can create a blend of traditional and modern elements within a country. The influence of Westernization can be observed in the legal reforms and democratic developments during the transition periods of various nations.