The Constitution of 1889 was a significant milestone in Japan’s political evolution, establishing a modern legal framework and signaling the country’s entry into the community of constitutional states. It outlined the rights and duties of citizens while also maintaining certain aristocratic powers within the governmental structure.
Foundation of the Modern Legal System
The constitution introduced a legal system that emphasized public trials and the rule of law. Court sessions were required to be held openly, except when public peace was at risk, and all judicial summonses were issued in the name of the Emperor. This transparency in the legal process was a step towards the modern judicial practices observed in constitutional states.
Rights and Duties of Subjects
Under the new constitution, the rights of subjects were clearly defined, including freedom of speech, religion, and association. These guarantees marked a shift towards individual liberties and protection under the law. Additionally, the arrest and trial of a subject had to be conducted according to legal procedures, and only by judges who were legally appointed. This ensured that the government’s power over its citizens was exercised within a legal framework.
Limited Judicial Review
An interesting aspect of the constitution was the assignment of the power to pass judgments on the constitutionality of laws and administrative actions. This responsibility was given to the Privy Council rather than the Supreme Court, which differed from practices in other constitutional states where the supreme judicial body typically holds this power.
Japan’s Entry into Constitutional Statehood
With the promulgation of the Constitution of 1889, Japan joined the ranks of constitutional states. Despite its shortcomings, such as the concentration of power among aristocratic elements like the House of Peers, the Genro, or Elder Statesmen, and the Privy Council, the constitution signified a new phase in Japan’s political life. It also exhibited a bias towards the executive branch in the separation of powers, which could lead to potential conflicts between the government’s branches.
Challenges in the Parliamentary System
The constitution did not grant the Diet, Japan’s parliament, complete control over the national budget, leaving significant power in the hands of the executive. There was also no provision for Cabinet responsibility to the Diet, which is a common feature in parliamentary systems to ensure the government’s accountability to the elected representatives. These issues highlighted the potential for conflict within the government and a lack of checks and balances.
A Step Towards Parliamentary Government
Despite its undemocratic and aristocratic bias, the Constitution of 1889 made a real, albeit modest, advance towards a parliamentary government. It laid down the groundwork for future reforms and democratization by introducing basic civil liberties and the principles of a legal state.
Questions for UPSC
1. How did the Constitution of 1889 contribute to the development of Japan’s legal system, and what were its limitations in terms of judicial review?
2. In what ways did the Constitution of 1889 maintain aristocratic influence within the Japanese government, and how did this affect the balance of power between the different branches?
3. Considering the restrictions placed on the Diet and the absence of Cabinet responsibility, how did the Constitution of 1889 pave the way for a parliamentary government in Japan?