Japan's Constitution Mainly, in the press and books, it is called the Peace Constitution or the Postwar Constitution.
It stipulates the national organizational system, such as the Japanese parliament and cabinet, and guarantees basic rights.
In accordance with the Potsdam Declaration that ended World War II, Japanese sovereignty was deprived of GHQ (Allied Forces High Command) at the same time as the end of the war, and the Constitution of the Empire of Japan was suspended. On February 13, 1946, GHQ issued guidelines for amending the Constitution and a new country name, "Japan". After a series of procedures, the Constitution of Japan was promulgated on November 3, 1946, and on 5 It took effect on the 3rd of March. It has not been revised since its enforcement, and the original Chinese characters were written in the old Chinese characters at the time, and May 3, 1947 was exactly 79 years from the day of the annihilation of the Tokugawa Shogunate (May 3, 1868).
The emperor is defined as a 'symbol of the nation and a symbol of unity of the Japanese people', and the emperor adopted the symbolic emperor system with only partial powers such as national affairs. is stipulated In addition, Article 9 stipulates “abandonment of war, non-retention of military force, and denial of the right to engage in warfare”, so it is also called the “peace constitution” or the “post-war constitution”.
Enactment of the Constitution of Japan
On September 2, 1945, with the signing of the Potsdam Declaration, GHQ took over the Japanese Empire and deprived it of its sovereignty. Then, the Supreme Command of the Allied Forces, commanded by Douglas MacArthur, requested the revision of the Japanese imperial constitution, and the government formed a constitutional inquiry committee chaired by George Matsumoto to discuss constitutional amendment. Subsequently, the Matsumoto Committee draft was reviewed and submitted to the General Headquarters as the Matsumoto draft (constitutional amendment outline), but the General Headquarters rejected the Matsumoto draft, which does not show much difference from the Imperial Constitution, and on February 13, 1946, the General Headquarters draft, the so-called MacArthur draft, was submitted to the General Headquarters. presented to the Japanese government.
Based on this, a Japanese draft (March 2nd draft) was prepared. After that, the draft outline of the constitutional amendment (draft on March 6) was published to the public based on the Japanese draft. On April 10, the 22nd general election for the members of the House of Representatives of Japan was held, and after the election, the government published a draft constitutional amendment with the outline of the law on April 17. Then, on April 22, the Plenum began reviewing the constitutional amendment bill, and it was passed on June 8. On June 20, the government submitted the constitutional amendment bill to the House of Representatives through the process of amending Article 73 of the Japanese Imperial Constitution. The amendment passed on August 24 after some amendments in the House of Representatives was passed on October 6 after minor modifications in the House of Representatives. completed the procedure in The amendment was again reviewed by the Privy Council and approved by Emperor Hirohito. On November 3, the amendments to the Imperial Constitution were promulgated with the name changed to the Constitution of Japan, and came into effect on May 3, 1947.
Basic Principles and Ideas
As the basic principles of the Japanese constitution, pacifism represented by Article 9 of the Constitution is representative, along with the symbolization of the emperor, the so-called symbolic emperor, in the theory of the sovereignty of the emperor in the constitution of the Japanese Empire. Elements of democracy in Japan's constitution include popular sovereignty, separation of powers, and respect for and guarantee of basic human rights.
There is no doubt that democracy is the basic principle of the Japanese constitution. and constitution and politics