This article is about state constitution enacted on 3 May 1947. For constitution enacted on 3 May 1791, see Constitution of 3 May 1791.
Constitution of Japan
Preamble of the Constitution
Overview
Original title
日本国憲法
Jurisdiction
Japan
Presented
3 November 1946
Date effective
3 May 1947
System
Unitary parliamentary constitutional monarchy[1]
Government structure
Branches
Three
Head of state
Not defined in constitution.[2] The Emperor is "the symbol of the State and of the unity of the people", but carries many functions of a head of state.[1]
Chambers
Bicameral (National Diet: House of Representatives, House of Councillors)
Executive
Cabinet, led by a Prime Minister
Judiciary
Supreme Court
Federalism
Unitary
Electoral college
No
History
First legislature
20 April 1947 (HC)
25 April 1947 (HR)
First executive
24 May 1947
First court
4 August 1947
Amendments
0[3]
Location
National Archives of Japan
Author(s)
Allied GHQ and members of the Imperial Diet
Signatories
Emperor Shōwa
Supersedes
Meiji Constitution
Full text
Constitution of Japan at Wikisource
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The Constitution of Japan (Shinjitai: 日本国憲法, Kyūjitai: 日本國憲󠄁法, Hepburn: Nihon-koku kenpō) is the constitution of Japan and the supreme law in the state. It was written primarily by American civilian officials working under the Allied occupation of Japan after World War II. The current Japanese constitution was promulgated as an amendment of the Meiji Constitution of 1890 on 3 November 1946 when it came into effect on 3 May 1947.[4]
The constitution provides for a parliamentary system of government and guarantees certain fundamental human rights. In contrast to the Meiji Constitution, which invested the Emperor of Japan with supreme political power, under the new constitution the Emperor was reduced to "the symbol of the State and of the unity of the people" and exercises only a ceremonial role acting under the sovereignty of the people for constitutional monarchy.[5]
The constitution, also known as the MacArthur Constitution,[6][7] "Post-war Constitution" (戦後憲法, Sengo-Kenpō), or the "Peace Constitution" (平和憲法, Heiwa-Kenpō),[8] was drafted under the supervision of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers, during the Allied occupation of Japan after World War II.[9] Japanese scholars reviewed and modified it before adoption.[10] It changed Japan's previous system of semi-constitutional monarchy and stratocracy with a parliamentary monarchy. The Constitution is best known for Article 9, by which Japan renounces its right to wage war and maintain military forces.[11] Despite this, Japan retains de facto military capabilities in the form of the Self-Defense Forces and also hosts a substantial American military presence.
The Japanese constitution is the oldest unamended constitution in the world. It has not had any amendments to its text in more than 70 years. At roughly 5,000 words, it is a relatively short constitution; the average national constitution has about 21,000 words.[3][12]
^ abKristof, Nicholas D. (12 November 1995). "THE WORLD;Japan's State Symbols: Now You See Them ..." The New York Times. Retrieved 5 October 2019.
^Kakinohana, Hōjun (23 September 2013). "個人の尊厳は憲法の基 ― 天皇の元首化は時代に逆行 ―". Japan Institute of Constitutional Law (in Japanese). Archived from the original on 25 October 2019. Retrieved 25 October 2019.
^ ab"The Anomalous Life of the Japanese Constitution". Nippon.com. 15 August 2017. Archived from the original on 11 August 2019. Retrieved 11 August 2019.
^Goes into Effect, New Japanese Constitution. "May 3, 1947, New Japanese Constitution goes into effect". www.history.com. History.com Editors. Retrieved 4 May 2022.
^Takemae 2002, pp. 270–271.
^Kawai, Kazuo (1958). "The Divinity of the Japanese Emperor". Political Science. 10 (2): 3–14. doi:10.1177/003231875801000201.
^"The American Occupation of Japan, 1945-1952 | Asia for Educators | Columbia University".
^Kapur 2018, p. 11.
^Cite error: The named reference constitution-us-authors was invoked but never defined (see the help page).
^Moritsugu, Ken (18 August 2016). "Biden's remark on Japan Constitution raises eyebrows". AP NEWS. Retrieved 10 August 2019.
^Kapur 2018, p. 9.
^Ito, Masami, "Constitution again faces calls for revision to meet reality Archived 8 November 2019 at the Wayback Machine", Japan Times, 1 May 2012, p. 3.
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