HIST362: Modern Revolutions

The Meiji Constitution, proclaimed in 1889 and enacted in 1890, established mixed constitutional and absolute monarchy, creating tensions between democratic and authoritarian tendencies with the emperor as head of state and the prime minister as head of government.

Key Points

• After the Meiji restoration, the leaders of the samurai who overthrew the Tokugawa shogunate had no pre-developed plan on how to run Japan. With no official centralized government, the country was a collection of largely semi-independent feudal domains (the  han  system). In 1868, the new Meiji government summoned delegates from all of the domains to Kyoto to establish a provisional consultative national assembly. The Charter Oath and the administrative code known as Seitaisho were promulgated to establish the new administrative basis for the Meiji government.
  
  
• In 1869, the central government led by Ōkubo Toshimichi of Satsuma felt strong enough to effect centralization. After merging the armies of Satsuma and Chōshū into a combined force, Ōkubo convinced the feudal lords (daimyō) of Satsuma, Chōshū, Hizen, and Tosa to surrender their domains to the emperor. Other daimyō were forced to do the same and all were reappointed as governors to their respective domains. By the end of 1871, Japan had become a fully centralized state.
  
  
• Prior to the Meiji Restoration, Japan had no written constitution and the idea of one became a subject of heated debate. In 1881, Itō Hirobumi was appointed to chair a government bureau to research various forms of constitutional government and in 1882, Itō led an overseas mission to observe and study various systems first-hand. The Reichstag and legal structures of the German Empire, particularly that of Prussia, proved to be of the most interest to the Constitutional Study Mission. Influence was also drawn from the British Westminster system.
  
  
• The draft committee included Japanese officials along with a number of foreign advisers, in particular some German legal scholars. The central issue was the balance between sovereignty vested in the person of the Emperor and an elected representative legislature with powers that would limit or restrict the power of the sovereign. The final version, drafted without public debate, was submitted to Emperor Meiji in 1888.
  
  
• The new constitution was promulgated in 1889, but came into effect in 1890. The first National Diet of Japan, a new representative assembly, reflected both Prussian and British influences, most notably in the inclusion of the House of Representatives as the lower house and the House of Peers as the upper house. The Constitution established clear limits on the power of the executive branch and the Emperor and guaranteed some civil rights and liberties, although in many cases they were subject to limitation by law.
  
  
• The Meiji Constitution was ambiguous in wording and in many places self-contradictory. The leaders of the government and political parties were left to interpret whether the Meiji Constitution could be used to justify authoritarian or liberal-democratic rule. It was the struggle between these tendencies that dominated the government of the Empire of Japan.

Key Terms

• Meiji Constitution: The constitution of the Empire of Japan proclaimed on February 11, 1889. It established mixed constitutional and absolute monarchy based on the Prussian and British models. In theory, the Emperor of Japan was the supreme ruler and the Cabinet, whose Prime Minister would be elected by a Privy Council, were his followers. In practice, the Emperor was head of state but the Prime Minister was the actual head of government. The Prime Minister and his Cabinet were not necessarily chosen from the elected members of the Diet.
  
  
• Tokugawa shogunate: The last feudal Japanese military government, existing between 1603 and 1867. The head of government was the shogun and each was a member of the Tokugawa clan. The regime ruled from Edo Castle and the years of the shogunate became known as the Edo period.
  
  
• Charter Oath: The 1868 oath that outlined the main aims and course of action to be followed during Emperor Meiji's reign, setting the legal stage for Japan's modernization. It remained influential, less for governing than inspiring, throughout the Meiji era and into the 20th century and is considered the first constitution of modern Japan.
  
  
• Han: The Japanese historical term for the estate of a warrior after the 12th century or of a daimyō (feudal lord) in the Edo period (1603–1868) and early Meiji period (1868–1912).
  
  
• Boshin War: A civil war in Japan, sometimes known as the Japanese Revolution, fought from 1868 to 1869 between forces of the ruling Tokugawa shogunate and those seeking to return political power to the Imperial Court.
  
  

New Imperial Government

After the Meiji restoration, the leaders of the samurai who overthrew the Tokugawa shogunate had no clear agenda or pre-developed plan on how to run Japan. Immediately after the resignation of Tokugawa Yoshinobu in 1867, with no official centralized government, the country was a collection of largely semi-independent feudal domains (the han system), held together by the military strength of the Satchō Alliance (military alliance between the feudal domains of Satsuma and Chōshū formed in 1866 to combine their efforts to restore Imperial rule) and the prestige of the Imperial Court.

In 1868, with the outcome of the Boshin War still uncertain, the new Meiji government summoned delegates from all of the domains to Kyoto to establish a provisional consultative national assembly. The Charter Oath was promulgated, in which Emperor Meiji set out the broad general outlines for Japan's development and modernization. The same year, administrative code known as Seitaisho was promulgated to establish the new administrative basis for the Meiji government. It was a mixture of western concepts such as division of powers and a revival of ancient Japanese structures of bureaucracy.

Centralization: Abolition of Han System

In 1869, the central government led by Ōkubo Toshimichi of Satsuma felt strong enough to effect centralization. After merging the armies of Satsuma and Chōshū into a combined force, Ōkubo and Kido Takayoshi convinced the feudal lords (daimyō) of Satsuma, Chōshū, Hizen. and Tosa to surrender their domains to the emperor. Other daimyō were forced to do the same and all were reappointed as governors to their respective domains, now treated as sub-divisions of the central government.

In 1871, Ōkubo and several other leaders held a secret meeting and decided to completely abolish the han domains. Eventually, all of the ex-daimyō were summoned to the Emperor, who issued a decree converting the domains to prefectures headed by a bureaucratic appointee from the central government. The daimyō were generously pensioned into retirement and their castles became the local administrative centers for the central government.

By the end of 1871, Japan was a fully centralized state. The transition was made gradually to avoid disruption to the lives of the common people and outbreaks of resistance or violence. The central government absorbed all of the debts and obligations of the domains and many former officials found new employment with the central government.

In 1871, the central government supported the creation of consultative assemblies at the town, village, and county levels. The membership of the prefectural assemblies was drawn from these local assemblies. As the local assemblies only had the power of debate and not legislation, they provided an important safety valve without the ability to challenge the authority of the central government.

Constitution

Prior to the Meiji Restoration, Japan had no written constitution, and the idea of one became a subject of heated debate. The conservative Meiji oligarchy viewed anything resembling democracy or republicanism with suspicion, favoring a gradual approach. The Freedom and People's Rights Movement demanded the immediate establishment of an elected national assembly and the promulgation of a constitution.

In 1881, Itō Hirobumi was appointed to chair a government bureau to research various forms of constitutional government and in 1882, Itō led an overseas mission to observe and study various systems first-hand. The United States Constitution was rejected as too liberal. The French and Spanish models were rejected as tending toward despotism. The Reichstag and legal structures of the German Empire, particularly that of Prussia, proved to be of the most interest to the Constitutional Study Mission. Influence was also drawn from the British Westminster system, although it was considered being unwieldy and granting too much power to Parliament.

The Council of State was replaced in 1885 with a cabinet headed by Itō as Prime Minister. The draft committee included Japanese officials along with a number of foreign advisers, in particular some German legal scholars. The central issue was the balance between sovereignty vested in the person of the Emperor and an elected representative legislature with powers that would limit or restrict the power of the sovereign. The final version, drafted without public debate, was submitted to Emperor Meiji in 1888.

Meiji Constitution promulgation by Toyohara Chikanobu, undated.

The Meiji Constitution consists of 76 articles in seven chapters, amounting to around 2,500 words. It is also usually reproduced with its Preamble, the Imperial Oath Sworn in the Sanctuary in the Imperial Palace, and the Imperial Rescript on the Promulgation of the Constitution, which come to nearly another 1,000 words.

The new constitution was promulgated by Emperor Meiji on February 11 (the National Foundation Day of Japan in 660 BC), 1889, but came into effect in 1890. The first National Diet of Japan, a new representative assembly, convened on the day the Meiji Constitution came into force. The organizational structure of the Diet reflected both Prussian and British influences, most notably in the inclusion of the House of Representatives as the lower house and the House of Peers as the upper house. The second chapter of the constitution, detailing the rights of citizens, bore a resemblance to similar articles in both European and North American constitutions of the day.

The Meiji Constitution established clear limits on the power of the executive branch and the Emperor. It also created an independent judiciary. Civil rights and civil liberties were guaranteed, although in many cases they were subject to limitation by law. Unlike its modern successor, the Meiji Constitution was founded on the principle that sovereignty resided in person of the emperor, by virtue of his divine ancestry - unbroken for ages eternal,” rather than in the people.

The emperor had the right to exercise executive authority and to appoint and dismiss all government officials. He also had the sole rights to declare war, make peace, conclude treaties, dissolve the lower house of Diet, and issue Imperial ordinances in place of laws when the Diet was not in session. Most importantly, command over the Imperial Japanese Army and Imperial Japanese Navy was directly held by the Emperor and not the Diet. Cabinet consisted of Ministers of State who answered to the Emperor rather than the Diet. The Privy Council, an advisory council to the Emperor of Japan, was also established. Not mentioned in the Constitution were the genrō, an inner circle of advisers to the Emperor, who wielded considerable influence.

The Emperor meets with his Privy Councilors, ukiyo-e woodblock prints by Yōshū Chikanobu, 1888.

The Privy Council consisted of a chairman, a vice chairman (non-voting), 12 (later expanded to 24) councilors, a chief secretary, and three additional secretaries. All privy councilors were appointed by the emperor for life, on the advice of the prime minister and the cabinet. In addition to the 24 voting privy counselors, the prime minister and the other ministers of state were ex officio members of the council.

The Meiji Constitution was ambiguous in wording and in many places self-contradictory. The leaders of the government and the political parties were left to interpret whether the Meiji Constitution could be used to justify authoritarian or liberal-democratic rule. It was the struggle between these tendencies that dominated the government of the Empire of Japan. Following Japan's defeat in World War II, the Meiji Constitution was replaced by a new document, the postwar Constitution of Japan. This document - officially an amendment to the Meiji Constitution - replaced imperial rule with a form of Western-style liberal democracy.