1947 constitution

Definition

The 1947 constitution of Japan is the fundamental law that established the framework of Japan's government after World War II, marking a significant shift towards democracy and pacifism. This constitution introduced key democratic principles, ensured human rights, and limited the powers of the Emperor, reflecting the influence of American ideals during the post-war period. It also outlines the processes for amending the constitution and sets the stage for the role of various governmental branches, including the Prime Minister and the judiciary.

5 Must Know Facts For Your Next Test

1. The 1947 constitution was enacted on May 3, 1947, and it replaced the Meiji Constitution of 1889.
2. It is known for its strong emphasis on fundamental human rights, including freedom of speech, assembly, and religion.
3. The Emperor is defined as 'the symbol of the State' without powers related to governance under this constitution.
4. Amendments to the 1947 constitution require a two-thirds majority in both houses of the Diet and approval by a majority in a national referendum.
5. The constitution has remained unchanged since its enactment, reflecting Japan's commitment to peace and stability.

Review Questions

• How does the 1947 constitution influence the relationship between the Prime Minister and other branches of government?
  • The 1947 constitution establishes a parliamentary system where the Prime Minister is both the head of government and derives authority from the Diet, Japan's legislative body. This framework requires collaboration between the Prime Minister and the Diet, as well as accountability to it. The Prime Minister's powers are balanced by checks from both the legislature and judiciary, emphasizing democratic governance and preventing any single branch from becoming too powerful.
• Discuss how Article 9 of the 1947 constitution reflects Japan's post-war ideology and its implications for national defense policy.
  • Article 9 of the 1947 constitution embodies Japan's commitment to pacifism after World War II by renouncing war and prohibiting military forces for warfare. This clause signifies a rejection of militarism and aims to promote peace both domestically and internationally. Consequently, Japan's defense policy has focused on self-defense rather than offensive military capabilities, shaping its interactions with other nations and impacting regional security dynamics.
• Evaluate how American influence shaped the development of Japan's 1947 constitution and its impact on post-war legal reforms.
  • American influence was pivotal in shaping Japan's 1947 constitution as part of broader post-war legal reforms aimed at democratization. The U.S. aimed to prevent future militarism by promoting democratic values, individual rights, and governance structures that limited imperial power. This shift not only transformed Japan’s political landscape but also laid a foundation for a legal system that emphasized human rights and democratic accountability, significantly affecting Japan's social order and international relations in subsequent decades.

Related terms

Article 9:

A clause in the 1947 constitution that renounces war and prohibits Japan from maintaining military forces for warfare.

Parliamentary System: A political system in which the government is elected by and accountable to the parliament, as established by the 1947 constitution.

Judicial Review: The power of the Supreme Court to review and invalidate laws or actions that are inconsistent with the constitution.