Comprehensive Study Notes on Japanese Constitutional History and Defense Policy

The Meiji Constitution and Pre-War Government Framework

• Constitution of the Empire of Japan (Meiji Constitution)

  • Enactment Year: Enacted in $1889$.
  • Key Figures: Drafted by Ito Hirobumi, Inoue Kowashi, and others.
  • External Influence: This constitution was modeled after the Prussian (German) Constitution, which featured strong monarchical authority (君主権).

• Imperially Granted Constitution (Kin-tei Kenpou / 欽定憲法)

  • This refers to a constitution established based on the sovereign rights of a monarch and enacted through the monarch's specific authority and will.

• Imperial Prerogative (Tenno Daiken / 天皇大権)

  • Under the Meiji Constitution, these were powers that the Emperor could exercise freely without the participation or consent of the Imperial Diet (帝国議会).

• Apparent Constitutionalism (Gaiken-teki Rikken-shugi / 外見的立憲主義)

  • This describes a political form that takes the formal structure of constitutionalism on the surface while, in practice, denying the actual substance of constitutional government.

• Status of the Emperor (Pre-War)

  • The Emperor held the status of Head of State ($\text{Genshu / 元首}$), which qualified the Emperor to represent the nation internationally.

The Post-War Transition and the Potsdam Declaration

• The Potsdam Declaration

  • Issued Date: July $1945$.
  • Drafting Parties: Issued in the names of the United States, the United Kingdom, and China.
  • Purpose: The declaration outlined the requirements for Japan's unconditional surrender and the guidelines for its post-war treatment.

• The MacArthur Three Principles (MacArthur Notes)

  • These principles served as the foundation for the GHQ (General Headquarters of the Allied Powers) draft of the new constitution. The three core principles included:
    1. The maintenance and preservation of the Emperor system.
    2. The abolition of all feudal systems.
    3. Renunciation of War ($\text{Peaceism / Heiwa-shugi}$).

• Private Constitutional Drafts (The Role of Civilians)

  • The GHQ referenced various civilian drafts when creating their own. A notable organization was the Constitution Investigation Association (Kenpou Kenkyu-kai / 憲法研究会), led by Takano Iwasaburo, which produced a draft emphasizing people's rights.

The Constitution of Japan: Enactment and Basic Principles

• The Constitution of Japan (Nihon-koku Kenpou / 日本国憲法)

  • This is the supreme law of the nation, established based on the GHQ draft. It was deliberated, amended, and passed during the $90\text{th}$ Imperial Diet.

• People's Constitution (Min-tei Kenpou / 民定憲法)

  • A term describing a constitution enacted by the sovereign people, either directly or through their elected representatives.

• Symbolic Emperor System (Sho-cho Tenno-sei / 象徴天皇制)

  • Defined in Article $1$ of the post-war constitution, this characterizes the modern Emperor system where the Emperor serves as a symbol rather than a political ruler.

• Acts in Matters of State (Kokuji Koui / 国事行為)

  • The Emperor does not possess powers related to national government. Instead, based on the "advice and approval of the Cabinet" (内閣の助言と承認), the Emperor performs ceremonial duties such as:
    • Promulgating laws.
    • Convening the Diet.
    • Dissolving the House of Representatives.

Legal Hierarchy and Human Rights

• The Supreme Law (Saiko Houki / 最高法規)

  • The Constitution holds the highest status within the Japanese legal system.

• Article $98$ and International Law

  • Article $98$ declares the Constitution to be the supreme law of the land. It also mandates the faithful observance of treaties and established laws of nations.
  • Conflict Resolution: In cases where the Constitution and other treaties or international laws conflict, the Constitution is prioritized as the supreme legal authority.

• Public Welfare (Koukyou no Fukushi / 公共の福祉)

  • This is a governing principle used to adjust conflicts or clashes between different human rights. It stipulates that an individual's rights can be restricted if they infringe upon the rights of others.

National Defense and Security

• Civilian Control (Shibirian Kontoro-ru / シビリアン コントロール)

  • A fundamental principle of democratic nations stating that the supreme command and oversight of military forces must belong to civilians (the Cabinet/Prime Minister) rather than military officers.

• National Police Reserve (Keisatsu Yobidai / 警察予備隊)

  • Following the start of the Korean War, this organization was created via a GHQ government ordinance to maintain security in mainland Japan. It served as the direct predecessor to the Self-Defense Forces.

• Japan-U.S. Security Treaty (Nichibei Anzen Hosho Jouyaku / 日米安全保障条約)

  • A treaty signed concurrently with the San Francisco Peace Treaty (サンフランシスコ講和条約), defining the defense relationship between Japan and the United States.

• Self-Defense Forces (SDF / 自衛隊)

  • Established in $1954$, the SDF consists of three branches: the Ground, Maritime, and Air Self-Defense Forces.
  • The Prime Minister holds the supreme right of command and supervision over the SDF.

• Exclusively Defense-Oriented Policy (Senshu Bouei / 専守防衛)

  • A passive defense strategy whereby Japan only exercises its defensive power after receiving a military attack from an opponent.