The Constitution of Japan: the basic law without a single amendment
The current Constitution of Japan isthe result of the defeat of the state in the Second World War. The main feature of the Japanese basic law is that throughout its history it has not been amended. Before the adoption of this document, the so-called Meiji Constitution was in force in the country. This article will compare the provisions of both documents.
The Constitution of Japan of 1889
The Meijian Constitution was promulgated in 1889, and in 1890 it entered into force. Its main points were as follows:
- sovereignty belongs to the emperor;
- all kinds of power are under the authority of the emperor;
- the rights and freedoms of the Japanese are granted by the emperor;
- every right is accompanied by the reservation of the law;
- The legislative, judicial and administrative authorities complement the supreme authority of the emperor.
The Constitution of Japan was a compromisebetween the emperor and the liberal-democratic forces. The application of this fundamental law depended on specific historical conditions. So, in the early 20th century, this constitution contributed to the creation of a parliamentary monarchy. But after 1929, military structures in Japan intensified, which significantly changed the interpretation of the constitution described.
The Constitution of Japan of 1947
Soon after the surrender of Japan, which cameThe result of its defeat in the Second World War, preparations began for the adoption of a new fundamental law, which was controlled by the Allies (the United States, Britain, China, the USSR). Their main demand was that the Japanese government should remove all obstacles to the spread of democratic principles.
Thus, the current Constitution of Japan is based on three principles:
- the sovereignty of the people;
- pacifism (renunciation of war);
- respect for basic human rights.
The listed principles are recorded in the preamblethe main law of the eastern country. At the same time, the Constitution of Japan provokes a dispute about the relationship between the status of the emperor and the principle of sovereignty. In fact, the emperor does not have real political power, but is a living symbol of Japan and the unity of its people. In addition, the absolute rejection of hostilities has no precedent in the constitutions of other countries. And at the moment there is some contradiction between the 9th article of the Constitution and the forces of self-defense in the country. De facto, this article is not observed, because the country has a fairly powerful armed forces.
Despite the fact that the current Constitutionhas never been changed, liberal-democratic forces still want to implement them. Most of the proposed amendments refer to Japan's military strategy. In particular, the Japanese defense forces were proposed to be openly called an army. In addition, the emperor is planning to position not just as a symbol, but as a head of state. Equally important is giving women the opportunity to hold the post of emperor. In the opinion of lawyers, it is also necessary to expand human rights. These are the rights to privacy, honor and dignity, as well as to receive information.
