Paper No. : 11 Japanese History and Society Module : 32 The Constitution

Development Team

Principal Investigator : Prof. Anita Khanna Jawaharlal Nehru University, New Delhi

Paper Coordinator : Prof. H.S. Prabhakar Jawaharlal Nehru University, New Delhi Content Writer : Prof. H.S. Prabhakar & Ms. Nidhi Prasad Jawaharlal Nehru University, New Delhi

Content Reviewer : Prof. Konsam Ibo Singh Manipur University, Imphal

Japanese History and Society Japanese The

Description of Module

Subject Name Japanese

Paper Name Japanese History and Society

Module title The Meiji Constitution

Module ID JPN-P11-M31

Quadrant 1 E-Text

Japanese History and Society Japanese The Meiji Constitution

The Meiji Constitution

Objectives

This module provides a contextual analysis of the Meiji Constitution, 1889. It illustrates the rise of modern , its political transformation into an industrialized nation equal to the ranks of the Western powers. The Constitution was the framework of the national polity of Japan, its ideological blueprint and social fabric. The module briefly looks at the Makers of the Meiji Constitution, evaluates the various tenets of the text and its impact on the identity of Japan from late 19th century to middle of 20th century. Finally, this module aims to draw parallels between constitutional values of Meiji Japan and Japan of the 21st century by examining concepts of war and peace.

Introduction

Japan’s rise to a modern nation state did not happen overnight. To understand Japan, its place in the world and how it viewed the developments during the nineteenth century, one needs to know how Japan came to be organized. Hence prior to learning the critical juncture of (1868), one would has to look at Japan before gauging where Japan has arrived. A brief overview of Japan prior to the Meiji period would be required to analyse the elements common to both periods.

The Meiji Restoration was a process of revolution that began the moment American Commodore Mathew Perry appeared in Japan in 1853, at Bay demanding Japan open up its ports to trade. Japan’s response made Perry return for the second time with weapons and modern naval ships to coerce Japan into signing the “unequal treaties”. Thus, the Japanese scrambled for resources to introspect the options they had before a looming colonial challenge. As the Japanese got wind of Britain and other colonial powers signing unequal treaties with , they feared their fate would be sealed the same way.

Japanese History and Society Japanese The Meiji Constitution

For more than 250 years Japan was isolated from the rest of the world. Unified under the by Ieyasu in 1603, Japan sealed itself from the world except the ports of Nagasaki and Deshima, where Dutch and Chinese traders were allowed to trade. Japan learnt of English and the Western countries and medicine through the Dutch traders. Thus Mathew Perry’s arrival with modern naval weapons had a profound impact on Japan.

Meiji Restoration (Meiji Ishin)

Figure 1: Japanese Social Order/ Caste System

The social structure as depicted in Figure 1 was that of Tokugawa period. The arrival of the Americans and the debates within Japan led the bakufu dissatisfied with the rule of the shogun to

Japanese History and Society Japanese The Meiji Constitution

launch an uprising and look for alternate system of governance. The four clans became dominant during this period: Satsuma, Choshu, Tosa and Hizen. The in fact emerged from these clans. They decided that the emperor must be restored as the de facto head in 1868 and launched the slogan, “fukoku kyohei” or rich nation, strong army. This period witnessed a shift from feudalism of the Tokugawa period (1600-1868) to twentieth century industralisation inspired from the West.

The Gokajo no goseimon or of 1868 pronounced the beginning of the rule by the Emperor. The social fabric of feudal Japan was unraveled and subjects were deemed equal in the eyes of the law. Thus, samurai turned (ronin) without any leaders to serve, and conflicts ensued until Satsuma and Choshu clans leaders ruled. Genro (elder statesmen) guided the Emperor and directed policies of Modern Japan. By 1869 feudal lords had to give up their domains, by 1871, prefectures were set up, in 1873 laws for military conscription were passed, and by 1876 samurai had to give up their swords and were absorbed into the workforce.

Several rebellions erupted throughout Japan as samurai, peasants were unhappy with these changes. The Freedom and People’s Rights Movement were most prominent as they tested the incumbent leadership. In 1887 the government proclaimed the Peace Regulations which banned the formation of secret societies, publication of “dangerous literature”, anything that was “judged to be scheming something detrimental to public tranquility”.

By dismantling the feudal system, the Restoration leaders restarted the economy by collecting taxes and government revenues to help develop different industrial sectors like- engineering, mining, munitions, metallurgy, heavy industries. The government kept a close watch on the progress of the economy and guided economic policy making, by providing private capital where needed. Scholars noted that this facet of Japanese economic decision making continued through the postwar years when Japan rose to the superpower status. The idea was to weave western traditions and progressive elements of society and governance into the fabric of Asian state- Japan.

Japanese History and Society Japanese The Meiji Constitution

Making of the Meiji Constitution

In 1873 the government deliberated on the task of setting up a Constitution. The Emperor had attempted several times to set up a commission- for example in 1875, in 1876 even ordered the Genro (Council of Elders) to draft. But Tomomi Iwakura and other leaders rejected it. During the same time Japan witnessed several People’s Rights Movement and the government issued the Assembly Ordinance of 1880. Thus debates on how many political liberties to be given, how much power to be devolved and what form of government- parliamentary, democratic was debated.

In 1882, Ito Hirobumi was sent to to study legal structures and draft the constitution. He studied German constitutional law and was impressed by Ottoman Bismarck. The German constitutional monarchy, rather than the British parliamentary system was considered most appropriate as it supported a powerful and centralized executive branch which would maximize the power and authority of the Emperor at its apexi.

Nineteenth century European constitution scholars such as Lorenz von Stein and Rudolf von Gneist advised Ito Hirobumi on drafting one for Japan. This cultural exchange between Japan and Europe impacted Japanese understanding of maintaining an order and unifying a nation. Kazuhiro in his treatise cites three Japanese “missions” to Europe: the famous (1871074), Ito Hirobumi’s “research trip” to Europe in 1882, and ’s similar trip in 1889ii.

Japanese thinkers sought to fuse strands of : Confucianism, Western concepts of liberties and rights, indigenous concepts like kokutai meaning national polity was created and sustained by the emperor and his ancestors. During the drafting of the Constitution, multiple schools of thought emerged arguing the pros and cons of various ideologies in the discourse on polity. . The movement known as Tenno shinsei undo, represented by Motoda Eifu (1818-1891), stood for the ruling of the state by direct control of the emperor. The other, Jiyu minken undo, advocating freedom and civil rights, was led by (1837-1919)iii. Japan did not want to

Japanese History and Society Japanese The Meiji Constitution

completely appropriate Confucian principles neither did they want to implement progressive Western concepts of liberalism (they rejected interpretation and assimilation of the American Constitution) as they were aiming for a centralized, unified state with modern institutions and political apparatus fused with Confucian and traditional education so as to sustain the ideas of loyalty and piety.

Brief splits within the Genro group responsible for drafting the Constitution resulted in some animosity as ultimately responsibility to writing was left to three individuals. was assigned to the texts of the constitution and the Imperial Household Act (Koshitsu tenpan), Ito Miyoji to the house legislation (Giinho) dealing with the membership of the House of Representatives for the Imperial Diet, and Kaneko Kentaro to the Election Law for the members of the House of Councillorsiv. The Meiji Constitution was promulgated on 2nd February 1889 which was declared National Foundation Day and on 29th November 1890 the Imperial Diet was open.

Elements of Meiji Constitution

The Meiji Constitution is a byproduct of the “gun-boat diplomacy” by American Comdr Perry. Japan realized its place in the world, the technological, social, cultural and political difference between them and the West was interpreted as a sign of progression and advancement. This modernization was necessary to cope with the threat of colonization by Western countries and to renegotiate the unfair commerce treaties (Matsui, 9).

The promulgation of the constitution played the historic role of embedding the idea of nation (kokumin) to the state (kokka) (Kokaze 2011, 120). In the later years it was identified as (kokutai), “the concept of national morality grounded in the rational consciousness and religious psychology of the people, it was the spiritual force behind the activities of the state and the principles of national unity” (Inokawa and Jansen, 247). It came to symbolize the system of “tennosei” or emperor system. People were brainwashed.

Japanese History and Society Japanese The Meiji Constitution

This Constitution was not amended until Japan’s defeat in the Pacific War in 1945. Hence, Meiji constitution represents the intellectual and ideological fabric of the Japanese society during the period of military aggression and imperialism. The constitution legalized, institutionalized patriotism, Shinto declared the national religion and the Emperor represented the ultimate consent. Many scholars have sought to explore the constitution, de-construct it and study it as the ideological doctrine, as a “spiritual structure” and political system of sorts that built the Japanese state.

Yoshimitsu Khan notes, Inoue Kowashi was one of a few thinkers who were directly involved in making both the Meiji Constitution and the Imperial Rescript on Education, the two daikokubashira (main pillars) of Meiji Japan. The Imperial Rescript on Education promulgated on October 30, 1890 was conceptualized mainly by the cooperation of Inoue Kowashi and Motoda Eifu (Nagazane) despite their different interpretations of kokutai or national polity. The Constitution was weaved into the education system and foundations of all subjects of Japan.

Religion was adopted as a binding factor to the notions of the political - the emperor was revered as a sovereign head by divine rights and will, but in him and his existence, the traditions and morality of Japan was sustained. Thus, the people began to see themselves in the Emperor and justify their actions as recommendations by the Emperor. While religious freedom was provided for in Article 28 of the Constitution, eventually for a short time, Buddhists and Christians were prosecuted by the government. Realising the detrimental effects of these actions, the Imperial Rescript was passed in 1890. To minimize the influence of the constitution and indoctrinate people with the idea that uncritical obedience to government was a civic and moral virtue, they [Motoda Eifu and Inoue Kowashi] planned the issuance of an imperial pronouncement which would endorse Confucian ethics and undermine constitutionalismv.

Confucian ethics:

Chapter one of the constitution deals with the Emperor who was deemed righteous, just, epitome of sovereignty and symbol of loyalty and sacrosanct. Confucian ethics and tradition of the five

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key relationships were upheld as the dictum of the constitution. Relationships between state and subject, father and child, sibling teacher and student, friends, as husband and wife must all be upheld. The Emperor had control of the entire democratic framework and was also the supreme commander of the army and navy, all laws, rescripts given sanction by the Emperor. The Constitution was not completely democratic as the Emperor had the power to reject any Bill, regulate the public, issue independent orders without Diet’s consent. Governance and foreign policies were conducted with the help of the emperor and a group of elder statesmen, “Genro”.

•Ito Hirobumi •Yamagata Aritomo •Inoue Karou Choshu • •Katsura Tarō

• •Ōyama Iwao •Saigō Tsugumichi Satsuma •

• Independent

Figure 2: Members of the Genro from August 1892 to September 1896 (Source: Menton, 68)

The Meiji Restoration was not just a “palace revolution” where capitals were changed and authority was re-structured. The rise of the advisers (Elder Statesmen) to the emperor simultaneously with the upsurge of new economic and social forces coincided with the influx of Western influence were anxious to assure for themselves as much power as possiblevi. Japan had accepted the sovereignty of the emperor but the exercise of power was in the hands of these advisers.

Japanese History and Society Japanese The Meiji Constitution

Figure 3: The Meiji Constitution being bestowed in The Diet (Source: http://ocw.mit.edu/ans7870/21f/21f.027/throwing_off_asia_01/emperor_02.html)

Modern aspects of the Meiji Constitution: Some of the modern/ Western aspects of the Meiji Constitution include: the recognition of the roles and duties of ‘subjects’: the responsibility of paying taxes, the involution of the right of property. People could apply to any occupation and were no more bound to land. The government organized resources to draft a budget, maintain financial control, listing down of freedom of speech, writing, public opinion. These were novel ideas being explored for the first time in the Asian continent. However, there were several loop holes, these freedom were not present instead exclusive to the government or rule of Emperor, the laws could be curtailed and modified without much political authorization. Japan was the first Asian country also to adopt German model of constitutional monarchy, where the Parliament was known as Imperial Diet. It was divided into the and House of Representatives similar to the British political system.

Japanese History and Society Japanese The Meiji Constitution

Japan’s Identity during Meiji Period: Japan has always been conscious of its position in the international system often looking up to China, traces various aspects of its civilization- Confucian ethics, language and scripts. In the 19th century Japan become aware of the European powers and because of unequal treaties- advocated an Asian outlook that was solely aimed at recognizing as an equal and un-do the injustice and inequality faced by them. Ultimately the constitution that helped them achieve their political goal of recognition from the Western powers, led to their subsequent transition as a colonial power themselves. It is ironical that these paradoxical conditions for imperialism were linked with the constitution.

Kenneth Pyle in an insightful article speaks of the similarity in Meiji and Prussian thinking of international affairs and state’s role in the system. Japan was inspired by Leopold Ranke who had advised Prussian leaders during the nineteenth century and had stated, “The position of a state in the world depends upon the degree of independence it has attained. It is obliged, therefore, to organize all its internal resources for the purpose of self-preservation. This is the supreme law of the state".

Japan’s acute response to stimulus, to the ever changing dynamics of the outside world has led the country to the pursuit of a realist foreign policy. Thereby ensuring that Japan appropriates power, values and stands on the winning side, the strong side of history as well as stand by the architects of the international system in every period.

Japan stood by the Chinese during the designing of the Sino-centric order in East Asia, with China as the Middle Kingdom and all its neighbours as tributaries. Japan stood by the European colonial powers when drafting the Meiji Constitution while later pursuing an Imperialist position resembling the behavior of the first-class nations. Pyle certifies, “they [Japanese] adapted swiftly to the institutions of informal imperialism, treaty ports, tariff control, extraterritoriality” vii . Japan’s inability to adapt to the Washington system of Wilsonian values of self determination, anti-colonialism post World War I would lead it on the wrong side of history along with other fascist nation states.

Japanese History and Society Japanese The Meiji Constitution

From the Meiji period on, there persisted a close correlation between the modus operandi of the international system and the character of its domestic institutionsviii.

Constitution and Identity of Japan in 21st Century: War and Peace

Decision making on Japan’s security policy and on its identity during wartime or peace-time contingency planning is defined within the limits of its Constitution. The Meiji Constitution was abandoned for the 1947 Constitution drafted with the assistance of Supreme Commander of the Allied Powers (SCAP) General Douglas MacArthur. F. Venter notes the three fundamental differences between the constitutions when it comes to: (i) Popular sovereignty, in terms of which sovereignty is vested in the Japanese people and no longer the emperor (ii) pacifism, means renunciation of war and (iii) respect for human rights as rights guaranteed by the Constitution and not merely granted by the emperorix.

America’s Occupation of Japan was aimed at transforming the domestic ethos and cultivating “spiritual” values that were long neglected or forgotten because of the two World Wars fought. The loopholes in the Constitution in terms of political system and separation of powers, in terms of completely resting sovereignty in the hands of the Emperor, the censorship on media and mass movements all stunted the growth of a responsible, critiquing society. Scholars have lamented over the lack of ‘intellectual debates’ or questioning in the minds of the people. The kamikaze pilots on suicide missions during the Pacific War epitomized this notion of patriotism to the point where death for the cause of emperor and nation was romanticized. Hence, war for the sake of appropriating power, for recognition, irresponsibly without any checks and balances in the system was to be completely curbed. If Japan understood power and strength by looking outside, it understood the concept of war and peace by reflecting inwards. Thus, in Akira Iriye’s words, “The Japanese have tended to view war and peace as domestically generated; there would be no peace, unless the countries of the world were themselves peaceful, a key assurance that Japan remained peaceful according to Japanese thinking, would be its refusal to undertake rapid armament expansion”x.

Japanese History and Society Japanese The Meiji Constitution

Article 9 of Japan’s present Constitution was put in place as an obstacle and speed breaker of Japan’s militarism. By abandoning the course of war, use of force, threat of use of force and possibility of maintaining armed forces; force and wars became a taboo word much like nuclear weapons. When understanding political interests and economic gains, Japan because of its experience with “mercantile realism” is able to link the means and ends and achieve goals without any moralistic rhetoric unlike countries like India. But when it comes to war and peace, Japan has rarely espoused the concept of a “just war” or agreed to developing peacetime contingency planning in case of the eruption of skirmishes and wars.

This is the crisis of the present leadership in Japan in 21st century. Conservative leaders are unable to convince people of the rationale for a shift in security policy, re-interpretation of collective self-defense. Instead the counter arguments from other political wings spring from the perspective of the Meiji-era developments of rampant industrialization to satisfy the interests of egotistic advisers or leaders in power.

Following the Meiji period, the crisis of democratic politics ensued when cabinets were being dissolved, leaders assassinated, forced to resign or when the rise of factionalism led to the dominance of the War Ministry. The Meiji Constitution was deemed responsible as it was the fundamental framework that was abused by those very same who designed it. Thus, the Americans identified the war-potential in the tenets of the Meiji Constitution which needed to be amended. The Japanese were only particular about the role of the emperor in the political system post the Wars. During the Meiji-era, in the Constitution, the Emperor is identified as the sole authority of the nation state, sovereign manifestation of Japan and Japanese tradition and values. But in the 1947 Constitution, the Emperor was only identified as ‘a symbol’ of the unity of the nation while leaving sovereignty in the hands of the people. Rather than propagating values of Shintoism or any religious teachings, Japan espoused the values of the United Nations when it came to understanding peace and its role in the international system. It might be a long time until Japan succeeds to re-orient its axis of national and ideational unity as represented by the Constitution.

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End Notes :

i Meryll Dean (2002), Japanese Legal System, Routledge-Cavendish: London, p. 462. ii Kyu Hyun Kim, Review of The Meiji Constitution: The Japanese Experience of the West and the Shaping of the Modern West by Takii Kazuhiro, The Journal of Asian Studies, 68(3): 1001. iii Yoshimitsu Khan (1998), “Inoue Kowashi and the Dual Images of the Emperor of Japan”, Pacific Affairs, 71 (2): 219. iv Ibid., p.221. v Yoshiya Abe, “Religious Freedom under the Meiji Constitution (Continued)”, Contemporary Religions in Japan, 11(3/4): (Sep. - Dec., 1970): 258. vi Kazuo Kawai (1955), “Sovereignty and Democracy in the Japanese Constitution”, The American Political Science Review, 49(3): 669. vii Ibid., p. 404. viii Kenneth B. Pyle (2006), “Profound Forces in the Making of Modern Japan”, The Journal of Japanese Studies, 32(2): 402. ix Francois Venter, Constitutional Comparison: Japan, , Canada and South Africa, Rustica Press: South Africa, p. 62. x Akira Iriye and Warren I.Cohen (1993), The and Japan in the Postwar World, University Press of Kentucky: Lexington.

Japanese History and Society Japanese The Meiji Constitution