Meiji constitution

The Meiji Constitution, formally known as the Constitution of the Empire of Japan, was the fundamental law of Japan from 1889 to 1947. It marked Japan’s transition from a feudal society to a modern constitutional monarchy and provided the legal framework for the country’s government during the Meiji, Taishō, and early Shōwa periods. Influenced by European political models, especially that of Prussia, the Meiji Constitution established the Emperor as the sovereign authority while introducing a bicameral legislature and a formal legal system that reflected Japan’s rapid modernisation in the late nineteenth century.

Historical Background

Following the Meiji Restoration of 1868, the newly established government sought to centralise power and modernise Japan in order to strengthen the state and resist Western imperialism. The overthrow of the Tokugawa Shogunate had left Japan without a coherent national legal structure, and the Meiji leaders—known as the Meiji oligarchs—believed that a constitution would provide legitimacy both domestically and internationally.
In 1871, the Iwakura Mission travelled to Europe and the United States to study Western political systems. After extensive research, Japanese officials concluded that a constitutional monarchy similar to that of Prussia offered a model suitable for Japan, balancing imperial authority with limited representative institutions. The drafting process was overseen by Itō Hirobumi, one of the leading statesmen of the era, who studied European constitutions and legal theories to adapt them to Japan’s political traditions.
By the mid-1880s, a commission was established to prepare the document under conditions of secrecy. In 1888, the Privy Council was created to advise the Emperor and finalise the draft. The Constitution was promulgated by Emperor Meiji on 11 February 1889, symbolically chosen to coincide with National Foundation Day, and came into effect on 29 November 1890.

Structure and Main Provisions

The Meiji Constitution consisted of 76 articles divided into seven chapters. It outlined the structure of government, the rights and duties of subjects, and the functions of the Emperor and state organs.
Key features included:

• Sovereignty of the Emperor: The Constitution declared that the Emperor was sacred and inviolable and held supreme authority over the state. All executive, legislative, and judicial powers derived from him.
• Bicameral Legislature (Imperial Diet): The Diet comprised the House of Peers, made up of nobles and imperial appointees, and the House of Representatives, elected by a limited male electorate based on property qualifications.
• Cabinet and Ministers: Ministers of State were appointed by and responsible to the Emperor, not the Diet, ensuring that executive power remained largely under imperial control.
• Judiciary: The courts were declared independent in the exercise of their duties, but judges were appointed by the Emperor.
• Rights of Subjects: The Constitution granted certain civil liberties, such as freedom of speech, religion, and assembly, but these rights were subject to restrictions defined by law and subordinate to the state’s interests.

The Meiji Constitution’s framework combined autocratic imperial rule with elements of constitutional government, creating what was often described as a “limited monarchy.”

Political Operation and Practice

In practice, the Meiji Constitution did not create a fully democratic government. The Emperor’s powers were interpreted broadly, and the Genrō (elder statesmen) exercised considerable influence behind the scenes. The military—directly responsible to the Emperor—operated independently of civilian authority, which later contributed to the militarisation of Japanese politics.
Nevertheless, the Imperial Diet became a vital political institution. From the 1890s onward, political parties such as the Seiyūkai and Minseitō emerged, and parliamentary politics gradually gained influence, particularly during the Taishō period (1912–1926). This period, often called Taishō Democracy, saw greater participation by elected representatives and the passage of reforms, including the introduction of universal male suffrage in 1925.
However, during the 1930s, as militarism and nationalism intensified, the constitutional balance shifted decisively toward authoritarianism. Civil liberties were curtailed, and the military gained effective control of the government. The Emperor’s theoretical sovereignty provided a justification for expansionist policies leading to Japan’s involvement in the Second World War.

Legal and Ideological Foundations

The Meiji Constitution drew heavily on German constitutional theory, especially the work of legal scholar Lorenz von Stein. It viewed the state as an organic entity with the Emperor as its head, embodying unity and sovereignty. Unlike Western liberal constitutions that located sovereignty in the people, the Meiji Constitution vested ultimate authority in the Emperor by divine right.
The Constitution was accompanied by the Imperial Rescript on Education (1890), which reinforced loyalty, filial piety, and devotion to the Emperor as core national values. These ideological principles became deeply ingrained in Japanese political culture and education, reinforcing the concept of kokutai (national polity), which equated the Emperor’s rule with the essence of the Japanese nation.

Role During Japan’s Expansion

Under the Meiji Constitution, Japan embarked on a period of industrialisation and imperial expansion. The constitutional framework provided a stable political environment for economic growth, modernisation of the military, and colonial ventures. Japan’s victories in the First Sino-Japanese War (1894–1895) and the Russo-Japanese War (1904–1905) enhanced national pride and international status, demonstrating the effectiveness of its modernised state institutions.
Yet, the same system allowed the military to act autonomously, as the Army and Navy ministers had to be active-duty officers, effectively giving the armed forces veto power over cabinet formation. This structural flaw later contributed to political instability and the rise of military dominance in the 1930s.

Replacement by the Post-war Constitution

Japan’s defeat in 1945 brought an end to the imperial system established by the Meiji Constitution. During the Allied occupation under General Douglas MacArthur, the Supreme Commander for the Allied Powers (SCAP) oversaw the drafting of a new constitution that introduced parliamentary democracy, renounced war, and redefined sovereignty as belonging to the people.
The Constitution of Japan, promulgated on 3 November 1946 and effective from 3 May 1947, replaced the Meiji Constitution. It preserved the symbolic role of the Emperor but abolished his political power, guaranteeing comprehensive civil rights and establishing Japan as a constitutional democracy.

Legacy and Historical Significance

The Meiji Constitution holds immense historical significance as the first modern constitution in Asia. It symbolised Japan’s emergence as a modern nation-state capable of standing on equal terms with Western powers. Despite its autocratic character, it introduced constitutionalism, legal equality, and representative government into Japanese political life.