Meiji Constitution

[1] Enacted after the Meiji Restoration in 1868, it provided for a form of mixed constitutional and absolute monarchy, based jointly on the German and British models.

The Meiji Restoration in 1868 provided Japan a form of constitutional monarchy based on the Prusso-German model, in which the Emperor of Japan was an active ruler and wielded considerable political power over foreign policy and diplomacy which was shared with an elected Imperial Diet.

After the Meiji Restoration, which restored direct political power to the emperor for the first time in over a millennium, Japan underwent a period of sweeping political and social reform and westernization aimed at strengthening Japan to the level of the nations of the Western world.

[5] The leaders of the government and the political parties were left with the task of interpretation as to whether the Meiji Constitution could be used to justify authoritarian or liberal-democratic rule.

[6] By the surrender in the World War II on September 2, 1945, the Empire of Japan was deprived of sovereignty by the Allies, and the Meiji Constitution was suspended.

Originally, a Chinese-inspired legal system and constitution known as ritsuryō was enacted in the 6th century (in the late Asuka period and early Nara period); it described a government based on an elaborate and theoretically rational meritocratic bureaucracy, serving under the ultimate authority of the emperor and organised following Chinese models.

However, in practice the ritsuryō system of government had become largely an empty formality as early as in the middle of the Heian period in the 10th and 11th centuries, a development which was completed by the establishment of the Kamakura Shogunate in 1185.

The high positions in the ritsuryō system remained as sinecures, and the emperor was de-powered and set aside as a symbolic figure who "reigned, but did not rule" (on the theory that the living god should not have to defile himself with matters of earthly government).

The Charter Oath was promulgated on 6 April 1868, which outlined the fundamental policies of the government and demanded the establishment of deliberative assemblies, but it did not determine the details.

[8] The conservative Meiji oligarchy viewed anything resembling democracy or republicanism with suspicion and trepidation, and favored a gradualist approach.

The Freedom and People's Rights Movement demanded the immediate establishment of an elected national assembly, and the promulgation of a constitution.

The Reichstag and legal structures of the German Empire, particularly that of Prussia, proved to be of the most interest to the Constitutional Study Mission.

[citation needed] The new constitution was promulgated by Emperor Meiji on February 11, 1889 (the anniversary of the National Foundation Day of Japan in 660 BC), but came into effect on November 29, 1890.

[15] The seven chapters are: Unlike its modern successor, the Meiji Constitution was founded on the principle that sovereignty resided in person of the Emperor, by virtue of his divine ancestry referenced in Article 1, stating "The Empire of Japan shall be reigned over and governed by a line of Emperors unbroken for ages eternal.

The Meiji Constitution provided for a cabinet consisting of Ministers of State who answered to the Emperor rather than the Diet, and to the establishment of the Privy Council.

This stipulated that, to become law, a proposed amendment had to be submitted first to the Diet by the Emperor through an imperial order or rescript.

To dissipate such inconsistencies, some peculiar doctrine of "August Revolution" was proposed by Toshiyoshi Miyazawa of the University of Tokyo, but without much persuasiveness.

Meiji Constitution promulgation by Toyohara Chikanobu
Itō Hirobumi and Emperor Meiji ( Servet-i Fünun 25 October 1894 front page)
Schematic overview of the government structure under the Constitution
Schematic overview of the government structure under the Constitution
Memorial in Yokohama reading “Place of the Drafting of the Constitution” ( 憲法草創之處 , kempō sōsō no tokoro ) in kyūjitai