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Meiji Constitution

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Today we will introduce about the Meiji Constitution, which was written in Feb 11, 1889 in Japan by Ito Hirobumi, who was appointed by the Emperor of Japan as the prime minister after being designated by the Diet, with a group of other government leaders and several western scholars.
European democratic politics were prevailing at that present, in which citizens, instead of Emperor, have the authority to vote or judge. However, found that a constitution should most fit national conditions and the country’s specific culture, they regarded conservative traditions of Prussia most suitable for Japan. Meiji Constitution and Prussia’s conservative traditions are more like monarchical autocracy and Emperor has absolute dictatorship. Therefore, the sovereignty of Emperor and imperial institutions coexist in this constitution.
As a public and fundamental law of state bestowed on all Japanese people by Emperor Meiji, it established Japan a constitutional monarchy with a parliament called Diet, assuring the Emperor infinite power with assistance of the imperial Diet. It also defined rights and duties of the subjects, and duties of the imperial Diet as well as the Council. Besides, potency of the judicature and the finance are also established in the constitution which made Japan more modern and civilized.
Now let’s probe into detailed information about Meiji Constitution. The first chapter is about absolute authority of the Emperor. From abstract we can see that the Emperor is in charge of the sanction and promulgation of laws as well as convening the Diet. However, imperial Diet have not achieved their role of legislation and resolution. In other words, all departments are under direct sovereignty of the Emperor, with ostensible constitutional monarchy but inside monarchical autocracy. The emperor is also granted supreme command of army and Navy, which leads to the militarism afterwards. As we can see, Emperor’s legitimacy as ruler of Japan came from succession and it is the Emperor that holds the sovereignty.
Second chapter is about rights and duties of subjects. Subjects are granted civil rights as equal appointment to military or public offices, liberty of speech and associations determined by law. Different from the idea that those rights are gifted from the Emperor, Meiji Constitution unprecedentedly defined them as inviolable civil rights, which ameliorated the intensity of civil rights movement. However, those rights are not absolute right because they shall be determined by law. We can see that in the second chapter, people are referred to as subjects instead of citizens. Citizens are considered equal with independent rights while subjects are considered subjective and inferior to the Emperor. Subjects evidently manifest the class difference and the uniqueness and exalted position of the Emperor. The third chapter demonstrates that the new born Japan still has the feature of parliamentary systems (called the Imperial Diet in Japan), which is like other western nations, (Eg: the United States) although the Emperor has much superiority over his subjects. Main function of the Diet is to decide whether to pass the new or edited law. The Diet shall be convoked annually and last for three months. This kind of Diet is also in favor of the Emperor in my opinion. One of the two houses, the House of peers is purely consisted of members of Imperial Family; while the House of Representatives is elected by people. The provision guarantees imperial household’s quantitative predominance in ballots. On the other hand, the emperor has the right to prolong the time of Diet, open an extraordinary Diet, or even open it secretly according to the articles of the constitution. Chapter 4 to Chapter 6 concerns on different departments. Ministers of State have great authority; since the validity of all laws, imperial ordinances and rescripts related the state affair require their countersignature. The Privy Council works as the councilor of the emperor, they can give advice to the emperor, but not decide. The judicature system is similar to Nowadays’; every step should obey to the law. About finance, the Diet has great power. Budgets take effect under permission of the diet. Any expenditure of emergency still has to be submitted to the Diet when it is convoked again. In chapter 6, detailed criterion of budgets send the message that finance is the major concern of Japanese government. The emperor does not want to waste any money; however, from article LXVII, expenditures on maintaining the steadiness of constitution and power are extremely focused. These expenditures are described as “shall be neither rejected nor reduced by the Imperial Diet”.
The last chapter offers some supplements to the constitution, mainly focused on the standard of modifying laws. The amendment should be submitted to the Diet only by the imperial order; and the amendment can only be passed when two thirds members are present and two thirds of them vote ‘yes’. Also, the amendment cannot be submitted during the time of Regency and cannot violate the existed constitution. These restrictions not only maintain the social stability, but also protect the continuity of imperial power.
Here comes the conclusion: there are precise regulations on functions of different government departments which guarantee the nation to work systematically. Also, the constitution emphasizes on sovereign politics, liberty of speech and assimilation of foreign techniques, which accords with European enlightenment, where the idea of liberty and civil rights came from. Although there exist disadvantages in Meiji Constitution, subjects’ increasing reverence to Emperor and their coalescence do lead to the subsequent rise of Japan as a modern and powerful nation.

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