On the "constitution of Japan"

     "Democracy is only by the constitutional point of view to have standard significance"

                                                                 - Buchanan

   "The Japanese Constitution" is the "war" after the end, according to the "Potsdam declaration" spirit, in the Supreme Allied Commander Department (GHQ) a new constitution under the auspices of the Department have a basic idea of modern constitutionalism. It has successfully solved "the subject value in the modern war is very difficult, very lagging democratization" problem, not only to Japan for the first time realized the "system" of the sovereignty of the people, and to realize the "peace is often not revolution is unable to realize the change of the state system"[1]The so-called ", completed the third stage of democratization".

One, "the Japanese Constitution" formulation

   "The Japanese Constitution" made from brewing to release lasted for more than a year, during which the "bill Matsumoto Norinori" to "Macarthur," and "draft proposed draft amendments to the constitution" to consider the adoption of the tortuous course etc..

   "After the end of World War II", Japan still follow the sovereignty in the Meiji Constitution Jun, full of militarism thought "". In accordance with the "Potsdam declaration" spirit, should realize the transformation from the Mikado to national sovereignty principle politics in Japan, the Japanese political system must carry out thorough pacifism, regime form Japan should according to the national libertarian determine. Therefore, as soon as the end, GHQ will be the constitutional issue on schedule.

   As early as in 1945 October, the Supreme Allied Commander Macarthur instructed the East for a long time near the cabinet minister Konoe to revise the constitution of Japan, and instructed his political advisor Acheson proposed twelve amendment intention to Konoe, its basic spirit is: expanding the powers of the house of Representatives, the Lords of democracy, the abolition of the emperor's veto, set up the entry of basic human rights, the abolition of the Privy Council. But because the East for a long time near the cabinet soon fall, the Constitution by Shidehara cabinet to the Minister of the interiorMatsumoto JiInvestigation of constitutional issues led will (also called Matsumoto Committee) chaired. But Matsumoto committee hold negative attitude to the constitution, is not only that there is no need to change "as the Imperial Japanese fundamental Mikado sovereignty doctrine", and that "the liberalism, democracy can also be used to the old constitution"[2]The upright will aim, declared that "the Committee mission isn't making constitutional amendment, but only the meaningful when necessary". Therefore, according to the basic principles of the constitution subsequent to the so-called "Matsumoto Shi doctrine"[3]Still, to maintain the "constitution" as the first essential meaning, "maintaining the status quo is something very conservative".

   In the committee to draft the constitution of pine, American authorities were considering how to revise the constitution of japan. In January 7, 1946, the State Council, America army and Navy Coordination Committee (SWNCC) sent GHQ top secret document entitled "reform" of Japanese rule system, which provides the Japanese Constitution should be six basic principles. BCC said: "the Japanese must be encouraged to abolish the constitution of the great Japanese Empire, or along the direction of a more democratic reform. If the Japanese decided to keep the Japanese Imperial constitution, as the Supreme Allied Commander also want to point out to the Japanese authorities, the following principles must be added to the Constitution: (1) the prime minister, should be in the legislative proposals and endorsed the appointment, all its members and cabinet must be responsible to the legislature. (2) when a cabinet to lose trust in the legislature, it must resign or face the electorate. (3) the emperor can important affairs of state activities all only in the cabinet's behest. (4) the emperor must be deprived of constitution of the great Japanese Empire chapter eleventh, 12, 13 and 14 are awarded full of military power. (5) the cabinet must be to the emperor put forward feasible advice and help action. (6) total income should be from the royal treasury, Royal expenses must be approved by the legislature's annual budget and consistent." These six principles are actually rules the implementation principle of the reform of the constitution of Japan, including symbolic Tennoism and cabinet is responsible to Parliament system. After received the document, GHQ urges the Japanese government proposed constitutional amendment draft as soon as possible, in order to consider the verdict.

   In January 29, 1946, Matsumoto committee to the Shidehara cabinet has submitted a, B two kinds of constitution amendment bill. Study on the cabinet, cabinet decided to a scheme of original currency as the Japanese government constitutional amendment draft submitted to the GHQ, which is called the "bill Matsumoto Norinori". The draft while some degree of absorption such as the expansion of parliamentary powers, establish the liability cabinet and other elements of democracy, but still adhere to the "emperor sovereign inviolability" principle. Therefore, when the Japanese government in February 8th the draft of the "center" and "explain" submitted to GHQ, GHQ to the more conservative "than expected, will not be accepted"[4].

   In fact, before the GHQ early in the Japanese government to formally submitted the "bill Matsumoto Norinori", have understood the basic spirit of the draft. February 1, 1946.Daily News"To print a so-called" Matsumoto Committee draft". The draft although only loosely members of the CommitteeMiyazawa JunyiThe proposed constitutional document, its content than real pine draft more with the spirit of reform, but GHQ still think it reflects Matsumoto Committee constitutional objective, is too conservative, difficult to accept. Therefore, Macarthur decided to take the "shock therapy", ordered in February 3rd led by Whitney of the Civil Affairs Bureau set up constitutional amendment working group, to formulate "demonstration of constitutional case," made the Japanese government to carry out, and put forward the constitution of three principles: (1) the emperor is the head of state, the throne hereditary, but its authority must be subject to the constitution control and conform to the basic will national; (2) the Japanese to abolish the using state power to wage war, renounces war as a means of resolving the dispute, not Japan from having a military and belligerent rights; (3) the abolition of the feudal system of Japan; the rights of the aristocracy, in addition to the royal family, only is in the generation of.[5]In accordance with these three principles, the constitutional group secret in most cases press forward day and night alike to work, and in 12 days to complete the draft model, namely, "bill Macarthur". The 13 day, Whitney and Japanese Foreign Minister Yoshida Shige, Minister of stateMatsumoto JiHeld a meeting, refused to accept the "Matsumoto Norinori bill", two to present the draft of "Macarthur". Whitney emphasizes, the Japanese government should take "Macarthur" as the basis the draft amendment to the constitution, if refused the position of the emperor, it will be difficult to guarantee that, GHQ will cross the Japanese government and appeal directly to the national[6].

   "Draft" proposed by Macarthur, the Japanese government was shocked, because there is a great difference between the GHQ draft and the Japanese government to draft. In February 21st, Prime Minister Macarthur of original currency and further talks on constitutional issues. Macarthur reiterated, constitution should adhere to the principle of sovereignty in the people, the symbolic Tennoism, resolutely give up war, if you do not accept the GHQ draft, Japan will lose a thousand years hard seam opportunity. On balance, the original currency "Macarthur decided to adopt the draft", as it is said in the later recalled: "in order to maintain the Mikado system, maintain the constitution, at this time can only be determined, to give up the war, establishing peace in japan"[7]. 22, the Japanese cabinet meeting, Macarthur agreed to accept the "draft", and reported to the emperor cutting. The emperor said: "since the other side has said it, admit it down and not very good? In the first article, like Britain changed to 'symbolic' not very good? For the heart to the heart of the people should be. This is the ancestral spirits"[8]. So, the original currency cabinet to "bill Macarthur" modelled, re drafting the draft constitution. In March 6th, the Japanese government announced the "GHQ approval of the draft amendment to the constitution outline". In April 17th, and the "Outline" into colloquial "the draft constitutional amendment" release, cross national freedom of discussion and congress. This "the draft constitutional amendment" from April 22nd to submit the Privy Council began to review, in the house of Lords house - the size of the Committee and plenary meeting of the repeated review, to October 29th the Privy Council last considered in the emperor to completion, which lasted for more than six months, the size Conference dozens of times, and not only in the house of Representatives by an absolute majority by, also obtained by chi as members of the old house of Lords and the past over the vast majority of people parliament, cabinet, on major policy has decisive say old Privy Council approval. In November 3rd, "the Japanese Constitution" formally announced to the world. In May 3, 1947, the formal entry into force.

   The outline is widely discussion in Japan, in April 10th Japan heldGeneral elections. In April 17th the government after the elections, announced"The draft amendment of the Constitution". In April 22nd, the Privy Council began its consideration of the draft amendment to the constitution, and in June 8th passed the draft. In June 20th, the government according to theConstitution of the great Japanese Empire 73Procedures to amend the constitution, to the proposed amendment to the constitution. In June 25th, the house of Representatives began consideration, the increase in several modifications, in August 24th passed the draft. Then, in August 26th, the house of Lords began consideration, also increased the base number of modifications, in October 6th voted. The next day, the house also voted to modify content lords increased, thus ending the imperial parliament review procedure. Since then, constitutional amendment again by the Privy Council for consideration, and in October 29th through the. November 3rd, approved by the emperor, as the constitution of the great Japanese Empire modify resultsThe constitution of JapanOfficially released, and in the following year1947May 3rd implementation. So far, constitution of the great Japanese Empire ended its historic mission, from the Japanese political arena.

   From the constitutional process, "the Japanese Constitution" is imposed on the premise of the defeat and the loss of national sovereignty. Bai Zhou times that as witnessed the things said: "this department after the defeat of the constitution is introduced, so that people have a 'only do it' and dare not utter a word of feeling. I secretly tears"[9]. However, considering the Japanese emperor system based on the situation of the majority[10]By itself, the formulation of a new constitution to the sovereignty of the people as the principle is not an easy task. Therefore, even if is imposed, "may not be completely suitable for national consciousness" at that time, but also to democratic rational behavior from tyranny, "the modernization of Japan so than Japanese through their own strength and progress much faster...... According to the time point of view, the new constitution provisions of the views of 40 years after the war has been on an upward trend, while the opposition is reducing year by year".[11]

"Two," the basic idea of the constitution of Japan

   "The Japanese Constitution" and the 11 chapter, 103. And "compromise" of both constitutionalism and constitution theory of double factors "Meiji Constitution" different, "the Japanese Constitution" is a permeated the "democracy and human rights, peace," the three concepts of modern constitution.

   1, the idea of democracy

   "Democracy involves the ownership of power"[12]. "The Meiji Constitution" to the sovereignty of the king for refuge, the emperor is the dominant overall, has made all the role of the state power; and the "constitution of Japan" advocate "sovereignty belongs to the people...... Serious trust cover government source in the national, its authority from the national, the exercise of its powers by the representatives of the people, by the people enjoy the welfare. This is the universal principle of human, which based on the principle of the constitution". This principle includes "of the people, by the people," democratic ideology, embodies the constitutional democracy "natural rights", "people's sovereignty" supreme political philosophy. "The Japanese Constitution" while retaining the Mikado system, but its properties by power entity into a "virtual state", the Supreme God to become "a national symbol" and "symbolic" of national integration, "national sovereignty belongs to its position will as the basis", "emperor of all relevant state behavior, must have the advice of the cabinet and acknowledged by the cabinet, responsible", "the emperor can only exercise the state acts prescribed in this constitution, not on the national political power".

   2,The concept of human rights

   The aim of the constitution is to protect human rights. "The Japanese Constitution" to "Universal Declaration, the principle of" protection of the sovereign national "freedom", "welfare" could enjoy, "violation of constitution, eliminate all decrees, laws and the principle of the imperial edict". Therefore, it almost to the terms of the 1/3 (tenth to 40) to the national should enjoy equal protection such as the law of freedom of thought and expression, freedom, property rights, social rights and procedural rights of basic rights such as a detailed list. If the provisions of national, not only enjoy the freedom of thought, freedom of religion, freedom of assembly and association and the right to freedom of the spirit of academic freedom, but also enjoy without restraint against slavery, slave and free rights body, also enjoy the live migration, choice of occupation, property ownership, economic freedom. Also, the national not only enjoys the right of labor, the right to education, gender equality rights of survival, but also enjoy the rights of political participation and to the state requirements for compensation rights. "The Meiji Constitution" although also give subjects certain rights, but these rights "is not based on the concept of natural law in East or west of, but as a according to the definition is divine, kindness and selfless sovereign grace"[13]. In contrast, "the Japanese Constitution" conferred the rights of citizens is not a "gift", but "talent", "citizens enjoy all basic human rights without hindrance. The basic guarantee of human rights in the constitution as a permanent national, shall not be infringed, give now and in the future of the people". This is the Japanese "achieved the first unconditionally free"[14].

   3, peace concept

   "The Japanese Constitution" peace concept focuses on the negation of war. In the introduction, it is stated: "the Japanese people hope for permanent peace, lofty ideal with deep controlling human relationship of trust, peace loving peoples justice and faith, determined to maintain the safety and survival of our. We hope to maintain peace, from the earth forever destroy tyranny, oppression and Prejudice and membership in the international society, occupies a glorious position. We confirmed, people all over the world have equal rights from terror and poor, and to live in peace ". The second chapter "no war" on the strip (ninth) further stipulates: "the Japanese people sincerely seek justice and order based on international peace, give up forever to the state power's war, the use of force or threat of force as a means of settling international disputes. In order to achieve before the project, not keep the armed forces and other forces of war, does not recognize the belligerent powers." Such as, "the Japanese Constitution" from a waiver of any war, don't keep arms and denied the three aspects of the warring countries the right to deny the war ", which shows the incomparable negation war attitude"[15], won the "Peace Constitution" reputation, become an independent school in the history of constitution of the world.

   The basic principles of constitutionalism is to adhere to the political power belongs to the people, by the people, the legitimacy and through people's extensive participation in politics to control political power, to safeguard the interests of the people and the rights of individuals. "The Japanese Constitution" not only can solve the dispute about the ownership of the Meiji Restoration, completed the transformation of the concept of national sovereignty, power belongs to the people, also be "natural rights" to further the legal system, established the people's sovereignty of the institutionalized, procedures of the Xian Zhengji foundation, which "in Japan for the first time established asset bourgeois democratic political system".