Modern Japanese Constitution is a result of the defeat of the state during World War II.The main feature of the Japanese basic law is that in the entire history of its existence it has not been made to a single amendment.Prior to the adoption of the document in the country acted so-called meydziyskaya Constitution.This article will be given a comparison of the provisions of both documents.
Constitution of Japan 1889
Meydziyskuyu Constitution promulgated in 1889, and in 1890 it entered into force.Its main provisions are as follows:
- sovereignty belongs to the emperor;
- all kinds of power are the responsibility of the emperor;
- rights and freedoms granted to the Japanese emperor;
- each right is accompanied by the redundancy of the law;
- legislative, judicial and administrative authorities complement the supreme authority of the emperor.
name of the Japanese Constitution is a compromise between the emperor and the liberal-democratic forces.The application of this basic law depended on the specific historical conditions.So, at the beginning of the 20th century contributed to the creation of this constitution a parliamentary monarchy.But after 1929, Japan stepped up military structures, which significantly changed the interpretation of the constitution described.
Constitution of Japan 1947
Shortly after the surrender of Japan, was the result of its defeat in World War II, began preparations for the adoption of a new basic law, which passed under the control of the Allies (US, UK, China, the Soviet Union).Their main claim was that the Japanese government to eliminate all obstacles to the spread of democratic principles.
Thus, the current Constitution of Japan based on three principles:
- sovereignty of the people;
- pacifism (renunciation of war);
- respect for fundamental human rights.
These principles are written in the preamble to the basic law of the east of the country.At the same time, the Constitution of Japan provokes debate about the relationship status of the emperor and the principle of sovereignty.In fact, the emperor has no real political power, and is a living symbol of the unity of Japan and its people.In addition, the absolute rejection of military action has no precedent in the constitutions of other countries.And at the moment there is a contradiction between Article 9 of the Constitution and the self-defense forces in the country.De facto, the said article is not complied with, because the country has a fairly powerful armed forces.
Despite the fact that the current Constitution never been changed, the liberal-democratic forces still want to implement them.Most of the proposed amendments relate to the military strategy of Japan.In particular, the Japanese defense forces openly invited to call the army.In addition, the emperor's plan to position not only as a symbol but as a head of state.Equally important is the opportunity for women to hold the office of the emperor.According to lawyers should also expand human rights.This refers to the right to privacy, honor and dignity, as well as to receive information.
