Departments
Intermediate Japanese - Free Online Course
NIHON NO KENPOO
日本の憲法
The Constitution of Japan
Japan’s present constitution was, ironically, originally drafted in English rather than in Japanese. Its authors were not members of the Japanese legislature, but American attorneys who worked for the U.S. occupation forces in Japan immediately after the Second World War.
Early in 1946, General Douglas MacArthur, the Supreme Commander of the Allied Powers (SCAP) decided to give the Japanese a new constitution. The Meiji-era constitution that was in force prior to the war had been written in the nineteenth century, based on an autocratic Prussian model. MacArthur wanted to create a national charter that would inoculate Japan against any future threat of militarism.
The constitution was hurriedly drafted by an American team, hastily revised by Japanese government officials, and finally presented to the people as the work of the Japanese Diet. The document went into effect in 1947. Some its more unique characteristics include:
- The renunciation of war: According to its present constitution, Japan refuses to consider armed conflict as an instrument of foreign policy.
- The establishment of a constitutional monarchy: The emperor is acknowledged as the head of state, while real power resides in the people, acting through elected representatives. The imperial succession is dynastic (passed on from one generation to the next within the imperial family).
- The abolition of feudalism. While the constitution protects the emperor’s status, other peerages and noble titles are outlawed.
- The protection of women. The Japanese constitution explicitly provides for the equality of women.
The Japanese constitution contains some contradictions. It seems inconsistent on one hand to secure the status of the emperor, while simultaneously outlawing peerages of lesser rank. This paradox, however, must be examined in context. Allied Occupation authorities intentionally preserved the emperor as a symbol of the “new,” more democratic Japan. They believed (correctly, for the most part) that the Japanese people were united in their support for Emperor Hirohito. If the emperor embraced and endorsed democratic reform, then these changes would have a better chance of gaining broad support.
In the same way, it seems unusual for a country to renounce armed conflict as an instrument of foreign policy. All nations reserve the right to wage war if threatened. The Allied Occupation authorities, however, saw the explicit, constitutional renunciation of war as a necessary measure to prevent a return of Japanese expansionism in Asia.
Another important factor was the presence of American troops in Japan. In the late 1940s through the early 1950s, around 300,000 American troops were stationed in Japan. A substantial American military presence would continue for decades in the future. This more or less obviated the need for a more robust Japanese military.