Write a note on the Meiji constitution.

 Japan has a long history of constitutions and the earliest is the 17 Article constitution issued by Shotoku Taishi in 604 A.D. but the idea of a modern constitution owes more to western legal influence then to Chinese ideals. Before the Meiji period there had been deliberative assemblies of feudal lords and there was a tradition of public authority or kogi which many scholars see as the basis on which modern constitutionalism was successfully built. In other words there was a tradition of arriving at decisions through discussion. We have already seen that the authority of the Shogun during the Tokugawa period was not feudal but purely autocratic.

The Meiji leaders in the initial months issued a statement which was in effect an appeal for unity and which laid down the basis for future change. The Charter Oath issued by the Emperor on April 6, 1868 had five articles. The first among these promised: "An assembly widely convoked shall be decided by public I discussion." This laid the basis for the creation of a constitutional system of  government

 

The crucial problems which arose while deciding about the nature of the I constitution were to do with:

• ·         the speed at which these measures would be carried out,
• ·         the power and authority of the Emperor, and
• ·         how these laws would be integrated within Japanese traditional practices so that society would not be disrupted.

The Meiji leaders were also aware of the dangers of socialism and did not want Japan to be faced with these problems.

Among the Meiji leaders Yamagata Aritomo argued that an excessively fast pace would alienate the people and iead to social instability. Ito Hirobumi, on the other hand argued that Japan was now part of an interdependent world and within Japan the privileges, stipends and power enjoyed by the samurai had been abolished. Hence, in this changed environment it was not possible to ignore democratic ideas and it was necessary to share power.

 

Tlie most liberal view was put forward by Okuma Shigenobu who advocated a British style parliamentary system. Okuma was from the province of Hizen and had served as councillor, and between 1873-1880 as a Finance Minister. His ! memorial of March 1881 was a radical proposal advocating the establishment of a Parliament by 1883 with election in 1882. The government wouid be formed by t the majority party. He wrote, "Constitutional government is party government and the struggle between parties are the struggle of principles."

Almost diametrically opposed to this was the view of lwakura Tomomi, an influential noble who belonged to the core group of Meiji leaders. He and Inoue Kowashi argued that in Japan, unlike Britain there was no tradition of political 1 parties and they would not be successful. Therefore, the Emperor should 1 appoint and dismiss the Cabinet independent of a parliamentary majority. Such views were supported by influential newspapers. The Tokyo nichi nichi shinhum, a paper close to the government was a strong supporter of the divinity of the Emperor.

 

The loyalist tradition had argued that Japan was created by the gods and the* Emperor was ;I direct descendant of the Sun Goddess, whose grandson was the first Emperor of Japan. The lineage of the Imperial House had continued in an unbroken line and this established the uniqueness of Japan's political structure o- kokutai. Kokutai literally means the political body and this became a key word in the debates which took place around the functions of the Emperor. During the Meiji period this word was interpreted in many ways even to argue against the mythidal traditions but later it came to be exclusively associated with the idea of a divine Emperor.

An influential Meiji intellectual Fukuzawa Yukichi who was an ardent rr~oderniser wrote an article on the Imperial house. In this he argued that the Imperial family should stay out of politics as it belonged to all the people. The Emperor would remain a symbol of unity and continuity while poier would rotate between responsible parties.

 

These debates reflect the range of ideas within the ruling establishment and the different perceptions these leaders had even while broadly agreeing on the goals that national policy must aim for. The process of drafting was carried out in great secrecy by a team headed by Ito Hirobumi and they were advised by German legal scholars H. Roesler and A. Morese. However, before the draft was even prepared an Imperial ordinance created a peerage system in 1884 and in 1885 a Cabinet system with Ito Hirobumi as the first Prime Minister was established.

An Imperial decree on October 11, 1881 promised a constitution so that "our imperial heirs may be provided with a rule for their guidance." The constitutipn w~uld come into effect in 1890 and its basic premise was that parliamentary dt:mocracy should be controlled otherwise it would disrupt the social and political order. To further ensure that the oppos~tlon did not create problems, laws were enacted to control public meetrnps and publlcatlons. Finally in 1887 the Peace Preservation Law gav the police the power to remove anyone "who plots or incites disturbance, or who is judged to be scheming something detrimental to public tranquility. "

 

The final draft was submitted in April, 1888 and on February 11, 1889, a day called Kigensetsu , when the supposed anniversary of the first Emperor Jimmu is celebrated, the constitution was gifted by the Emperor to his people.

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