Political System of Japan

The Third Class

Promulgation of the Constitution of Japan

Wednesday, 4th October 2023

Instructed by
Yusuke Suzumura
Examining the New Constitution Japan
• Background of Promulgation of the New
Constitution
– The New Constitution was established through the
confluence of efforts from both outside and inside
Japan.
– The external forces: to reform the Constitution of the
Empire of Japan (1889) manifested themselves in
measures taken under the General Headquarters
Supreme Commander for the Allied Powers
(GHQ/SCAP) in Japan, which were necessary to
implement the Potsdam Declaration as accepted by
Japan upon its defeat.
Examining the New Constitution Japan
– The internal forces: it sprang from the people’s
desire to realise a true democracy, which would
have been impossible by merely restoring the
prewar parliamentary system after the cessation
of hostilities because the military control of the
government during the war had seriously
corrupted the framework of the Constitution of
the Empire of Japan.
Examining the New Constitution Japan
• Progress on the enactment of the Constitution
– It came to a major juncture on 13th February 1946,
clearly dividing it into two major phases.
– The first phase started in October 1945, when the
Japanese Government started a study to review
the Constitution of the Empire of Japan following
the suggestion by GHQ/SCAP for “Liberalisation of
the Constitution”, and lasted until February 1946,
when the Government submitted its reform
proposal (Gist of the Revision of the Constitution)
to GHQ.
Examining the New Constitution Japan
– The second phase was marked by GHQ turning the
tables on 13th February when they rejected the
revisions put forward by the Japanese
Government, and instead handed its own draft
proposal prepared as a model (the GHQ Draft).
– The event set a course toward the enactment and
promulgation of the new Constitution.
Examining the New Constitution Japan
• Thus a complex interaction of diverse political,
social, and other forces was working both
domestically and abroad throughout these
two major phases of the reformation of the
Constitution of the Empire of Japan, and led to
the creation of the Constitution of Japan.
Examining the New Constitution Japan
• Activities of the Japanese Government
immediately after the endo of the Second
World War
– The Higashikunonimiya Cabinet headed by Prince
Higashikuninomiya Naruhiko ( 東久邇宮稔彦王 ,
1887-1990), which was established immediately
after the end of the Second World War, had
neither the inclination nor sufficient leeway for
constitutional reforms to adequately respond to
GHQ/SCAP.
Examining the New Constitution Japan
– Along with this, the issue of the memorandum
“Civil Liberties Directive” was instrumental in the
en bloc resignation of the cabinet less than two
months after its formation, and its being replaced
with the Cabinet led by Shidehara Kijuro ( 幣原喜
重郎 , 1872-1951).
Examining the New Constitution Japan
– During this short period right after the war, two
governmental sections, the Bureau of Legislation
and the Ministry of Foreign Affairs, quickly became
aware of and began a study of the constitutional
problem.
– A group led by Irie Toshio ( 入江俊郎 , 1901-
1972), Director of the First Department of the
Bureau of Legislation, informally carried out
ministerial level studies on revision of the
Constitution.
Examining the New Constitution Japan
– The Treaties Bureau in the Ministry of Foreign
Affairs, having determined that it was necessary
for Japan to formulate a democratic framework of
its own volition, implemented independent
studies with that aim.
– However, the Cabinet’s negative stance hindered
any productive results from arising from these
efforts.
 History of the New Constitution
• Konoye Fumimaro and the Matsumoto Committee
– On 4th October 1945, Supreme Commander of the GHQ
Douglas MacArthur ( ダグラス・マッカーサー , 1880-
1964) met with Former Prime Minister Konoye
Fumimaro ( 近衛文麿 , 1891-1945) to discuss
constitutional reforms.
– Following the proffered suggestions, Konoye together
with Sasaki Soichi ( 佐々木惣一 , 1878-1965), a former
Professor from the Imperial University of Kyoto, set
about a study of reforms to the Constitution as the
Commissioners for the Lord Keeper of the Privy Seal.
History of the New Constitution
– On 11th October 1945, MacArthur met with Shidehara, the
newly appointed Prime Minister, to broach the subject of
“Liberalization of the Constitution”.
– The Shidehara Cabinet had a negative view of constitutional
reform.
– However, criticising the Office of the Lord Keeper of the
Privy Seal for taking on the problem of constitutional
reform, the government responded to the issue by
appointing, on 25th October, Matsumoto Joji ( 松本烝治 ,
1877-1954), a Minister of State, as the Chairman of the
Constitutional Problem Investigation Committee (which
became known as the Matsumoto Committee [ 松本委員
会 ]) to initiate an examination for the government.
 History of the New Constitution
• Submission of Proposal by the Office of the Lord
Keeper of the Privy Seal
– The study begun by the Office of the Lord Keeper of
the Privy Seal in October 1945 drew negative opinions
from both internal and external sources because of
Konoye's accountability for actions during the war.
– The questions whether the investigations made by the
Lord Keeper of the Privy Seal was constitutional or not.
– On 1st November, MacArthur announced that he would
not endorse Konoye’s constitutional review, but
Konoye and Sasaki continued their study nonetheless.
History of the New Constitution
– On 22nd November, in a reply to the Imperial
Throne, Konoye presented his Draft of
Constitution Revision Subsequently, on 24th
November, Sasaki approached the Imperial Throne
with an independent study titled “Necessity of
Reform of the Imperial Constitution” (although it
was dated 23rd November 1945).
History of the New Constitution
– On 24th November when Sasaki’s proposal was
presented to the Imperial Throne, the Office of
the Lord Keeper of the Privy Seal was abolished.
– Konoye, having come under suspicion as a war
criminal, committed suicide by taking poison at
dawn on 16th December before he had to appear
to face charges.
 History of the New Constitution
• Submission of Proposal from the Matsumoto
Committee
– The Matsumoto Committee started out principally
to research and review, and not with the aim of
constitutional reform.
– However, they recognised “the utmost urgency of
the situation both internally and externally”
forcing a change in their position, in that the study
was modified to investigate reforms, wherein
advisors and members of the Committee
formulated individual reform proposals.
History of the New Constitution
– Committee Chairman Matsumoto presented
“Matsumoto’s Four-Point Principle” in an address
to the Imperial Diet on 6th December 1945,
clarifying a basic policy toward constitutional
reform.
History of the New Constitution
– At the start of 1946, Committee Chairman
Matsumoto formulated his own independent
proposal.
– Miyazawa Toshiyoshi ( 宮澤俊義 , 1899-1976), a
Professor at the Imperial University of Tokyo and
member of the Matsumoto Committee, put
Matsumoto’s proposal into the form of an outline,
which after being edited by Matsumoto himself,
became the “Gist of the Revision of the
Constitution” (Proposal A).
History of the New Constitution
– The “Constitutional Reform Proposal” (Proposal B)
was also put together based on arguments that
provisions for a proposal defining a broad range of
reforms should be made.
– The “Gist of the Revision of the Constitution” was
submitted to GHQ on 8th February 1946.
 History of the New Constitution
• Acceptance of the GHQ Draft and Creation of
the Japanese Government Proposal
– On 13th February, the GHQ told to the Japanese
Government that the draft which they had
previously submitted was “wholly unacceptable”.
– The GHQ handed over the Draft to the Japanese
Government and a few days later, Matsumoto tried
to convince GHQ by submitting the “Supplementary
Explanation Concerning the Constitutional Revision”.
– However, it was not able to get GHQ’s consent in
that regard.
History of the New Constitution
– At this stage, the Japanese Government convened
a meeting of the cabinet on 22nd February and
decided to go along with the GHQ proposal’s
policy of “constitutional reform”.
– The work was started on the Japanese
government’s proposal under the guidance of Irie
and Sato Tatsuo ( 佐藤達夫 , 1904-1974), Director
of the First Department.
– The draft proposal was finished on 2nd March
(called the 2nd March Draft).
 History of the New Constitution
• Presentation to the Privy Council
– The “Draft for a Revised Constitution” was brought
before the Privy Council.
– But the Shidehara Cabinet was disbanded on 22nd
April and following precedent, the proposal was
temporarily withdrawn by reason of the formation
of the cabinet led by Yoshida Shigeru ( 吉田茂 ,
1878-1967) on 22nd May.
 History of the New Constitution
– After some changes were made based on the
results of deliberations that had been ongoing
until 27th May.
– The proposal was again brought before the Privy
Council.
– The “Draft for a Revised Constitution” was
overwhelmingly approved by a plenary session of
the Privy Council with the sole exception
of Minobe Tatsukichi.
 History of the New Constitution
• Promulgation of the Constitution of Japan
– The Constitution of Japan was promulgated on 3rd
November 1946 and enacted on 3rd May 1947.
– The New Constitution has some progressive
articles such as “the symbolic emperor system”,
“the people sovereignty”, and “renunciation of
war”.