japan constitution

Ohayou gozaimasu(oh-za-yo goo-zai-ma-su)

Hinomaru

A Quick G.K. on Japan

• What is the present day name of Japan ?• The flag of the Japan is known as

Hinomaru. What is the meaning of Hinomaru ?

• Who is the present P.M. of Japan ?• Who is the Present Emperor of Japan ?• What is the Currency of Japan?

NIPPON KENPORevolution in constitution

Development of Japan constitution

• Pre-Feudal age (10th BC -1184 AD)• Feudal age (1185-1867 AD)• Post-Feudal age (1868-1947)

A Quick History• Jomon Culture (10th-3rd B.C.) - Jimmu (First Emperor 660B.C.)• Yayoi Culture (3rd B.C.-3rd A.D.) - Pottery - Rice Cultivation - Irrigation• Kofun Period (3rd A.D.-6th A.D.) - Tombs,Hainwa - Buddhism(538 AD)

History (cont.)• Asuka Period (mid 6th – mid 7th AD) - 1st constitution(17 articles) - Buddhism becomes state religion• Nara Period (710 – 784 AD) - Kokiji(1st history book) - Nihon shoki(chronicles of Japan) - Shosin (Museum) - Todaji (temple for Buddha)

Heian Period (794-1184)• This period saw more artistic development

and Japanese culture• The tale of Genji by lady Murasaki –

world’s first novel• The lyrics of Japan's national anthem

Kimigayo were written during this time.• During the late Heian period, the Japan’s

feudal era was started

Feudalism

The classic definiton for feudalism by François-Louis Ganshof describes a set of reciprocal legal and military obligations among the warrior nobility, revolving around the three key concepts of lords, vassals and fiefs. A lord was in broad terms a noble who held land, a vassal was a person who was granted possession of the land by the lord, and the land was known as a fief.

Feudal era• Kamakura period (1185–1333 )

- 1st shogun was Minomoto-no- Yaritomo– Kenmu restoration (1333–1336 )

• Muromachi period (1336–1573 )– Nanboku-chō period (1336–1392 )– Sengoku period (1467–1573 )

• Azuchi–Momoyama period (1568–1603 )– Nanban trade

Feudal era• Kamakura period (1185–1333 )

- 1st shogun was Minomoto-no- Yaritomo– Kenmu restoration (1333–1336 )

• Muromachi period (1336–1573 )– Nanboku-chō period (1336–1392 )– Sengoku period (1467–1573 )

• Azuchi–Momoyama period (1568–1603 )– Nanban trade

Edo Period(1603-1867)• Edo Tougawa Shogunate - Shogun means General - Feudal lords and national isolation

policy -1853: Matthew Perry, an American

Naval Commander, sailed to Japan with a message from President Filmore

- Last shogun Tougawa keiki resigns

Commodore Matthew Perry

Emperor Meiji

MEIJI “Enlightened Rule”

Meiji Restoration(1868-1912)• Weak military rule by shogun and it was

overthrown by Samurai (a group of soliders)

• Emperor Meiji taken the crown power• Laws were made for unitary power state• Constitution of the Empire of Japan (Meiji)

was enacted on November 29, 1890• They given importance to industralisation

by any means ands fast

Way to New constitution• Taishō era (1912–1926)

– World War I , Siberian Intervention, "Taishō Democracy"

• Early Shōwa (1926–1937)– Expansion of Democracy, Military and social

organizations , Nationalistic factors , Economic factors

• Early Shōwa (1937–1947) – Prewar expansionism, Manchuria, Second

Sino-Japanese War , Clashes with the Soviet Union , Attack on pearl harbour

Post dam Declaration• On 26 July 1945, Allied leaders Winston

Churchill, Harry S Truman, and Chiang Kai-Shek issued the Potsdam Declaration, which demanded Japan's unconditional surrender.

• But after bombing on hiroshima and nagasaki only they surrender

• So, the new constitution was drafted by allied powers

•Who is this?

•DOUGLAS MCARTHUR,

•Supreme Commander of Allied Powers (SCAP)•He played an important role in making of japan constitution - Enforcement of Constitution of the State of JapanMay 3, 1947(Nihon-Koku Kenpō)

Features of Meiji Kenpo• Written and Brief• Imperial Government• Fundamental Rights• Bicameral Legislature• Privy Council• The Cabinet• Rigid Constitution

Structure of Nihon Kenpo• I. The Emperor (1–8)• II. Renunciation of War (9)• III. Rights and Duties of the People (10–40)• IV. The Diet (41–64)• V. The Cabinet (65–75)• VI. Judiciary (76–82)• VII. Finance (83–91)• VIII. Local Self–Government (92–95)• IX. Amendments (96)• X. Supreme Law (97–99)• XI. Supplementary Provisions (100–103)

Features of Nihon Koku Kenpo• Written Constitution• Sovereignty of the People• Renunciation of War• Limited Monarchy.• Parliamentary Government• Unitary Government• Bicameral System• End of Dualism • Independence of Judiciary• Adult Suffrage• Supreme Law

Fundamental Rights• Right to Equality• Right to Freedom• Economic Rights• Right to Property• Right to Freedom of Religion• Right to Education • Right to Constitutional Remedies

• Fundamental Duties

Japanese Executive• The Emperor - Nominal Executive(art 1 – 8)• Powers -Executive -Legislative -Judicial• Position of the Emperor

Cabinet• History of cabinet -1st cabinet formed in 1885 during meiji rule -Under meiji P.M. was appointed by Emperor -During the period 1889-1945, 41 cabinets were

formed -under 1947 kenpo, executive power was vested in

cabinet• Organisation• Functions - takes important decision and formulate policy,

submit bills and budget to Diet , national affairs & foreign affairs

Prime Minister• Appointment - leader of the majority party - Article 6 says appointment of the P.M. by Emperor• Functions - As a boss of Cabinet - As a leader of the Diet - As leader of nation

Diet• Japan is the first country to have

parliamentary Government in Asia• The parliament in Japan is called DIET• The Diet has various committees such as, -Standing Committee -Special Committee -Joint Conference Committee -Joint Legislative Committee

Diet

Japan Diet Building,Tokyo

Judiciary

Pre-War Judicial System • Before the meiji constitution ther was no well

established courts in Japan• After, abolition of feudal system meiji knows the

importance of legal system and new codes patterned in German and French system were enacted

• The courts were divided into - Ordinary and Civil Courts - Courts of Administrative Litigation - Military Court

Post-War Judicial System• Under 1947 constitution, “Common Law”

Principle have been accepted• Article 76 says “”The whole Judicial Power is

vested in a Supreme court and in such inferior court as are established by law.”

• Organisation of Judiciary -The Supreme court - Lower Courts : High courts, District courts, Summary Courts

Political Parties

• The origin of Political parties traced back to 1874

• After the 1890 meiji Constitution, 3 parties were there . They are as follows

- Imperial Party - Liberal Party - Progressive Party

Features• Extra-Constitutional Growth• Multiplicity of Political Parties • Splits and Merger• Long Single Party System• Absence of Mass base• Bureaucratisation• Role of Religion • Localism

Parties in Japan• Liberal Democratic Party• Socialist Party• The Democratic Socialist Party• The Communist Party

Dōmo arigatō

(doh-moh ah-ree-GAH-toh)