Japan's Constitutional History

After Japan was obliged to open its door to westerners, it was forced to reform in order to survive. The formulation of the Meiji Constitution has undergone fierce conflicts between traditional culture and foreign thoughts. The process of constitutionalism, which reveals how the Japanese traditional culture has ever conflicted with then mixed with the western civilization, conceals a very profound political and cultural background. It is also a choice of rules for a shaking and contradictory period when the nation was faced up with some strong shocks and pressure. The Meiji Constitution is product of the combination of the eastern feudal tyranny and the western constitutional monarchy. Though the Meiji Constitution is called one of constitutionalism, it is really one full of theocratic monarchy as it has its two sides, one similar to the modern constitutionalism while the other similar to theocracy and tyranny. The Meiji Constitution is said to be produced by transplanting Prussia Constitution to the Japanese traditional system, but it doesn't mean that it is the very picture of the original Prussia Constitution. The Meiji Constitution established the developing methods for Japan as an empire. The Japanese Meiji Constitution has some born deficiency as well as some progressing significance. For the bora deficiency in the system established by the Meiji Constitution, militarism and expanded continuously, which hastened the fascism of Meiji system gradually, therefore the Invasion War to China and the Pacific War broke out. Then, the Meiji Constitution, the one they ever called "the constitution that will never be revised", was abolished.After war, the Japanese Government had to accept the blue copy of the constitution provided by the General Headquarters of the Allied Army, which compelled them to give up wars for ever and to enact the so-called Peace Constitution. The Japanese Constitution is just a transplantation of American Constitution and British Constitution, in which the Japanese modern constitutionalism system was established. Contrasted with the Meiji Constitution, the Japanese Constitution was radically changed both in system and in content. It denied the belief that the Emperor of Japan as the sole sovereignty and the theocracy, and ensured the citizens as the sovereignty. It also declared its Pacifism Principle, including forever abandoning of wars, demilitarization and unacknowledgement of belligerent rights. It gave more freedom and rights to the citizens and stuck to human rights safeguard principle. In designing the authority of the state organs, it implemented the Western constitutionalism principle of decentralization to keep in balance. Meanwhile, the Japanese Constitution also comprised to some certain degree, as it still kept the emperor of the Japan as the symbol of the nation. Contrasted with the Meiji Constitution, it realized the modernization of constitution.In my thesis, the relationship between constitutionalism and the politics, economics and culture of the society is explored by analyzing the setting-up background of the two Japanese constitutions and researching the contents of the two. Furthermore, more emphasis is put on the effects culture had on constitutionalism system of each period.