CONSTITUTION OF JAPAN&
CONSTITUTIONAL
AMENDMENTS

Lecturer: Dr. Masayo Goto1

Major topic
Meiji constitution
 Post-war constitution
 Constitutional amendments
 Proposals by LDP and DPJ
 Preamble, Emperor, Article 92

Meiji Constitution


The Constitution of the Empire of Japan (大日本帝國憲法）Imperial Constitution (1889)



Fundamental law of the Empire of Japan (1889-1947)



Enacted as part of the Meiji Renewal

Form of constitutional monarchy based on the Prussian modelEmperor of Japan – active ruler with considerable politicalpower, but shared the power with an elected diet.

Replaced by the ‘Constitution of Japan’ in the form ofWestern-style liberal democracy
3Comparison
Meiji Constitution (1889) Post-war Constitution (1947)
Drafted byEnacted as part of theAllied Occupation at the direction of
Meiji Renewal, abolished General Mac-Arthur in 1946, has notafter World War II
been amended since thenSovereignty

Emperor (claimed to rule People
by divine right)

EmperorHeld supreme power

De facto head of state, ceremonial
figurehead

Rights/SystemAll popular rights werecircumscribed and theduty of people to serveand obey Emperor wasabsolute, imperial system

Parliamentary system of government,
guarantee of certain fundamental
rights, strict separation of state andreligion, liberal democracy

Central policy

Imperial orderPacifism, no possession of any armed
forces, abolishment of feudalism
4Constitution of Japan *Structure I. The Emperor (1-8)
 II. Renunciation of War (9) III. Rights and Duties of the People (10-40)
 IV. The Diet (41-64)
 V. The Cabinet (65-75)
 VI. Judiciary (76-82)
 VII. Finance (83-91)
 VIII. Local Self-Government (92-95)
 IX. Amendments (96) X. Supreme Law (97-99)
 XI. Suplementary Provisions (100-103)5

Article 9

RENUNCIATION OF WAR

Aspiring sincerely to an international peace based onjustice 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.
In order to accomplish the aim of the preceding
paragraph, land, sea, and air forces, as well as other war
potential, will never be maintained. The right ofbelligerency of the state will not be recognized.

6Constitutional Amendments
The revision covers four major areas
1.
Guarantee of Fundamental Human Rights
2.
Fundamental and Organizational Role ofPolitics
3.
Japan’s Role in International Society
4.
Local Autonomy.

7Proposals by LDP and DPJ,
and comparison
Preamble
Emperor
Article 98

Preamble
Preamble subcommittee of the LDP committee on
constitutional revision sets the nation’s five coreprinciples
1.
2.
3.
4.
5.

Freedom
Democracy
Human rights
Peace
International Cooperation

9Preamble (Cont’)
1.
2.
3.

The Preamble emphasizes three elements :Popular sovereignty
Respect for human rights
Pacifism

It also,notes the principle of “International cooperation” with theaim of showing the world Japan is eager to contribute to theinternational community
calls for Japan to become a nation of education, culture, andan economic powerplaces importance on the development of local government
to promote decentralization

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The Emperor
The emperor - the symbol of the nation, not the headof state
Government panel on imperial succession supports
legal revisions to allow
 females to ascent the imperial throne to ensure “stablesuccession.”
 female monarchs and their descendants to reign* Whether or not to give priority to the emperor’s
firstborn, or to give priority to a direct maledescendant over any elder sisters is to be included.
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Implications of Article 9After adoption of the Constitution of Japan, the US had adesire for Japan to take a more active military role in thestruggle against communism.

Reinterpreted as ‘renouncing the use of force in international
affairs, but not renouncing a national right to self-defense

Prohibits maintaining a military for warfare, though Japanpossesses a self-defense force ⇒ discord between the SDFand Article 9 (must be addressed clearly)

Troubling prospect for Asian neighbors wary of a revival ofJapanese militarism in the region
12Debate on major issues by the ruling and opposition parties
LDP & Komeito

DPJ

Timeline

Expected to endorse the LDP
Constitution panel’s draft amendment
on 22 November 2005 (party’s 50thanniversary)Compile a Constitution
revision bill in 2006

SDF andInternation
alcooperation

Calls for a permanent law forinternational cooperation, establish theSDF military credential

SDF dispatch to Iraq isproblematic.

The role of military would be specified
to deal with Self defence, international
cooperation and contingencies

Calls for legal restraints
to control the SDF
through changes toArticle 9.
SDF should be
reorganized into areserve force for theUN (Ozawa group)13

Selfdefence,Collective
self-defenc
eSupport both self-defence andcollective defenceCollectivesecurity

Support collective security (it isguaranteed under internationallaw (UN Charter 51).

Support collective security(Majority)

Article 9

Retain or reword thewar-renouncing Article 9, Clause
1, but to change Clause 2

Retain the war-renouncing
Article 9, Clause 1, but toscrap Clause 2 to clarity theright of self defence

Support both self-defence andcollective defence (Maehara)
Against the right to collective
self-defence because it isbanned by Article 9 (former
Japan Socialist Members)

Komeito contends that Article 9,
Clause 1 and 2 should be retained

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Charter of the United Nations
Chapter VII

Article 51
 Nothing in the present Charter shall impair the inherent rightof individual or collective self-defense if an armed attack
occurs against a Member of the United Nations, until theSecurity Council has taken measures necessary to maintaininternational peace and security. Measures taken by Membersin the exercise of this right of self-defense shall be
immediately reported to the Security Council and shall not in
any way affect the authority and responsibility of the Security
Council under the present Charter to take at any time suchaction as it deems necessary in order to maintain or restore
international peace and security.

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Process of amendment
Article 96 defines the process of amendment.
Amendments to this Constitution shall be initiated by theDiet, through a concurring vote of two-thirds or moreof al the members of each House and shall thereupon besubmitted to the people for ratification, which shallrequire the affirmative vote of a majority of all votes cast
thereon, at a special referendum or at such election as theDiet shall specify. Amendments when so ratified shallimmediately be promulgated by the Emperor in the name ofthe people, as an integral part of this Constitution.

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Process of amendment (Cont’)Must be supported by a two-thirds majority of bothyhousesMust by supported by a majority of the population ina national referendum↓
Government has yet to enact legislation outlining
procedures for a referendum

i.e. Voters should vote on each amendment proposed
What is the voting age for the referendum
Media reporting17

Prospect for amendments
The LDP and DPJ together – 85% HOR, 80% HOC(Majority of LDP and DPJ Maehara group)
If two parties agree, they could propose amending theConstitution↓
The LDP is likely to promote debate on amendments
in coordination with the DPJ, led by pro-amendment
Maehara (head) and Hatoyama (secretary general)* SDP, JCP and DPJ (former Socialist) are minority
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Prospect for amendments (Cont’)
Opinion poll (Mainichi newspaper) Agree to constitutional amendment in general: 58%
 Disagree to constitutional amendment in general: 34%
Agree to revise Article 9:30%
 Disagree to revise Article 9:62 %* 80% responded that Article 9 contributed tomaintaining Japan’s peace after World War II

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END OF LECTURE(CONSTITUTIONAL AMENDMENTS)

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