Paper No. : 11 Japanese History and Society Module : 32 The Meiji 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 Meiji Constitution 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 Japan, 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 Meiji Restoration (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 Tokyo 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 China, 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 Tokugawa Shogunate 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 samurai clans became dominant during this period: Satsuma, Choshu, Tosa and Hizen. The Meiji oligarchy 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 Charter Oath 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 Europe 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 Iwakura Mission (1871074), Ito Hirobumi’s “research trip” to Europe in 1882, and Yamagata Aritomo’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 Itagaki Taisuke (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. Inoue Kowashi 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