Meiji Constitution
The Meiji constitution ( Japanese 明治 憲法 Meiji-kempō ), officially the constitution of the Empire of Greater Japan ( 大 日本 帝國 憲法 Dai-Nippon teikoku kempō ), was the constitution of the Japanese Empire . It was promulgated on February 11, 1889 and came into effect on November 29, 1890. The constitution was effectively suspended by Japan's surrender in World War II on September 2, 1945, and abolished by the entry into force of the post-war constitution on May 3, 1947.
The Meiji Constitution set the framework for reforms that had fundamentally changed the Japanese state in all areas since it opened in the mid- 19th century .
prehistory
Beginning with the forced opening of Japan to the western world in the late Edo period was shogunate of the Tokugawa come under increasing pressure. When Emperor Kōmei died in 1867 and his son Mutsuhito (throne name Meiji ) inherited him, the Meiji Restoration took place , with the aim of returning to the ancient Japanese Empire.
As a result, extensive reforms were initiated following the Iwakura mission - a study trip by high-ranking politicians to North America and Europe; In 1881 Itō Hirobumi , one of the participants on the trip, announced that the Japanese government would work out a constitution within ten years. The Japanese Empire of the Meiji period was to become a constitutional monarchy .
Formation of the constitution
As President of the Privy Council , Itō Hirobumi played an important role in their elaboration. This was based on two models: the British and the Prussian constitution ; the Berlin lawyer, specialist in German constitutional and administrative law Albert Mosse acted in an advisory capacity.
A bitter power struggle was fought between supporters of the more liberal, parliamentary British order and supporters of authoritarian Prussia. Finally, the supporters of a constitution based on the Prussian model prevailed, which granted the Japanese emperor rather far-reaching powers, including the military command. The division of Parliament into two chambers ( Lords and Deputies ) and the address of the throne emerged from the British influence . Also based on the British model, the upper house was reserved for nobles.
Other modern elements of the constitution were the independence of the courts and fundamental rights for citizens.
The establishment of the ie system as a model for the Japanese family had the most far-reaching consequences for society . The ideal was a three-generation family under one roof, with a clear hierarchy under the leadership of a male head of the family (see also: marriage and divorce in Japan ) .
Status of the Tennō
The Meiji Constitution made the Tennō a ruler with far-reaching powers. He was considered the "divine embodiment" ( kokutai ) of the state of Japan. The state budget and the military were completely under his authority.
- Article 1: The Japanese state is ruled and ruled by emperors for eternity without interruption.
- Article 2: According to the provisions of the Imperial House Law, the crown is hereditary in the male line of the Imperial House. ( Lex Salica )
- Article 3: The person of the emperor is holy and inviolable.
- Article 4: The emperor is the head of the state. He is the holder of state authority and exercises it in accordance with the provisions of the current constitutional document.
- Article 11: The emperor is in command of the army and the navy .
- Article 13: The emperor has the right to declare war, make peace and draw up treaties.
Validity period
After eight years the constitution was drafted and came into force on November 29, 1890. On the same day, the Japanese parliament met for the first time.
The Meiji constitution was changed so extensively in 1947 that one has to speak of a post-war constitution. After Japan's colonial and expansion policy had failed with the defeat and surrender of Japan in World War II, this was largely worked out by the American occupation administration in cooperation with liberal Japanese politicians.
literature
- Junko Ando: The Making of the Meiji Constitution. On the role of German constitutionalism in the modern Japanese state. Monographs from the German Institute for Japanese Studies Vol. 27, Iudicium, Munich 2000.
Web links
- The Japanese Constitution of February 11, 1889 (Meiji Constitution); Translation according to: Fujii Shinichi, Japanese Constitutional Law, Tokyo 1940, p. 457 ff. On the website of the University of Bern ( Memento from May 19, 2007 in the Internet Archive ) at the University of Bern
- High-resolution digital copy of the Meiji Constitution at the National Parliamentary Library
Individual evidence
- ^ Andreas Kley, Roger Mottini: Overview of the constitutional history of Japan. 2000. On the website of the University of Bern ( Memento from May 19, 2007 in the Internet Archive )
- ↑ The Japanese Constitution of February 11, 1889 (Meiji Constitution); Translation from: Fujii Shinichi, Japanese Constitutional Law, Tokyo 1940, p. 457 ff. On the website of the University of Bern ( Memento from May 19, 2007 in the Internet Archive )