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Meiji Constitution of 1889 and the birth

BA (Hons.) History (University of Delhi)

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ASIA 519
HISTORY OF JAPANESE
INTERNATIONAL RELATIONS AND FOREIGN POLICY
Instructor: Selçuk ESENBEL

FINAL PAPER
Amine ERTÜRK
2012767003

Meiji Constitution of 1889 and the birth of modern Japan

The history of modern Japan began in 1868 when the rule of absolutist

government of Tokugawa Shogunate that had reigned over Japan for

centuries was broken. Following the restoration of Emperor’s ruling power

a new central government established and the country experienced

profound social, economic and political change. The political thinkers,

intellectuals and statesmen of Meiji “Enlightenment” introduced modern

Western concepts including Western knowledge, weaponry, technology,

even Western dress to the Japanese audience. In the international world of

19th century which was completely dominated by European nation states

the Western ideals were a source of inspiration for many Japanese. At the

same time Japan felt an immediate need to protect itself in the hostile and

aggressive world of Western empires. Unequal treaties were forced on

Japan during 1850s and 1860s following the forced opening of the country

by U.S. Commodore Matthew Perry mission in 1853. By virtue of these

treaties Japan’s control over its own foreign trade was limited and

extraterritorial jurisdiction over foreigners in Japan were imposed.

Japanese statesmen regarded Westernization in compatible with Japanese

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traditions as the only way to counter Western threat and to improve

Japan’s international status.

Japan followed a series of reforms throughout 1880s to prove itself a

civilized power. Along with the need to build a military force capable to

counter Western military aggression, it was of vital importance to adopt a

constitution in the sense of fulfilling the requirements of the nation state.

The new political leaders of Meiji confronted serious political problems

regarding the coalition that toppled down the Shogunate. There were wide

differences of opinion regarding the structure of new regime within the

samurai coalition and it did not take too long to disintegrate. A struggle for

power continued thus the governing oligarchy was in desperate need of a

political system to avoid disorder and to prevent acute political crises. A

constitutional political structure needed for Japanese government to

concentrate upon domestic reform and to facilitate Japan’s development

as a modern nation. During the 1880s and 1890s Japanese statesmen

accomplished several legal and administrative reforms based on the

Western model including drafting a constitution, formation of

parliamentary government, cabinet and political parties. Following a series

of military victories of Japanese army over China and Russia, these reforms

particularly 1890 Constitution and Civil Code of 1895 supported Japan to

gain legitimacy with Western nations and to revise successfully the

unequal treaties by the end of the 19th century.

The primary aim of this essay is to examine how Meiji Constitution led to a

change in Japan’s international standing. Attention will be given to the

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preparation process of the Meiji Constitution and Prussian influence in

determining the character of constitutional system. Here it will be argued

that Meiji Constitution was a result of adaptation of Western political

thinking to domestic circumstances. Along with other legal reforms and

promulgation of a written constitution, Japanese state was considered to

complete its legal Westernization. However, whereas administrative

reforms were successful in many regards, Constitution was eventually to

fail in practice due to the vague wording regarding the relationship

between the executive and the legislature. (Swale 2002, p.132)

Nonetheless the constitution which paved the way to the “Japan’s

transition from the rule of persons to the rule of law” was a major

achievement for the country which eventually made it a world power with

an alliance with Britain and a possessor of colonies.

After the Meiji Restoration of 1968 the new regime came to power had an

immediate task of bolstering its legitimacy and capacities. The feudal

Tokugawa state had controlled foreign affairs and trade but had no central

bureaucracy, treasury or tax codes, in other words, it lacked a means for

direct control over the population. (Indergaard and Indergaard 2008, p.

354) Armed revolts by samurai class and peasantry intensified during the

1870s for various reasons whereas internationally it faced the

disadvantages of unequal treaties signed between 1858 and 1869. The

effects of Western influence were profound in this period. Unlike China

which deeply resented the Westernization wave, Japan chose to follow

Western models and practices voluntarily.

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Civil liberties were at the core of intellectual debate within the Meiji elite.

Some of the samurai who toppled the Shogunate had joined the ranks of

Meiji government however others remained outside formed a “Liberty and

Civil Rights Movement” which called for radical changes to form a stronger

nation state. Their main aim was the speedy introduction of a Western

modeled constitution and parliament. French Revolution and American

Revolution and thinkers such as Locke and Rousseau were their source of

inspiration. (Aida 2003, p. 68) However the conservative leaders of the

government argued that Japan was not ready for a constitutional

government and favored a gradualist approach.

The government did not initially intend to enact a constitution. However

after experiencing a series of political crises discussion on constitutional

government was accelerated among oligarchs. In 1872 – 1873 some

samurai factions’ demand for war on Korea initiated a political crisis. Later

in 1874 a reactionary armed resistance to modernization of country broke

out and the ruling oligarchs in need of popular support were forced to

promise that a constitution would be established. Following the cabinet

crisis of 1881, the emperor issued a rescript and promised a written

constitution and further government set a date for the inauguration of

parliamentary government by the year 1890. (Beckmann 1954, p. 259)

Meiji statesmen had a keen interest in Western political theories. Kido Koin

was one of the first statesmen who expressed a need for a constitution to

provide a legal foundation for the powers and structure of the government

upon his return home from the Iwakura mission to USA in 1871-1872.

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(Beckmann 1954, p. 260) Kido’s views had a broad repercussion within the

advocates of modernization and in November 1873 the government

appointed Ito Hirobumi and Terashima Munemori to begin a general study

of constitutional government. (Beckmann 1954, p. 261) Ito and Terashima

sought the opinions of various intellectuals including Kido, Okubo, Goto,

Okuma and Itagaki. Initially leading figures such as Itagaki and Okuma

argued for the adoption of a constitution and representative government

on English model, based on the theories of individual freedom derived

from Western political theorists such as Spencer, Mill, Rousseau,

Montesquieu and others. (Farley 1950, p. 79) However in the political

struggle they were defeated and left out by conservative and state

centralist statesmen. Model constitutions were presented and debated in

the meetings and newspapers. In the discussions the constitutions of

Prussia and other German states providing a highly centralized

administration came to the fore and in 1881 the Meiji government formally

announced its intention to open a national assembly in 1890. (Aruga 1999,

p. 1418) In 1882 Ito Hirobumi led to another overseas mission to America

and several European capitals including London, Paris, Vienna and Berlin

to study constitutional theories and practices which were most appropriate

to adapt Japan’s needs. The members of the mission spent greater time in

Prussia. The delegation met with Rudolf von Gneist in Berlin and then with

Lorenz Von Stein in Vienna. Further, as the drafting proceeded the advice

of foreign scholars and statesmen was sought from time to time. Dr. Carl

Friedrich Hermann Roessler a member of the faculty of law in the Imperial

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University of Tokyo was one of important figures who advised to shape the

constitution on a Prussian model. (Colegrove 1937, p. 1043)

After spending nearly 18 months away from Japan Ito and his aides Inouye

Ki, Ito Miyoji and Kaneko Kentaro began to work on drafting the

constitution on December 1885. Although Declaration of Independence

was a major inspiration for many modernization advocates, US constitution

was regarded as too liberal. Furthermore, British model with an unwritten

constitution as granting too much power to the parliament leaving the

King as merely a figurehead. Yet Prussian system whereby the king rather

than the parliament actually selects the cabinet and wields actual power

seemed more appropriate to follow without breaking Japanese tradition of

centuries. (Colegrove 1937, p. 1041) In his own words, Ito “felt at home in

German atmosphere because the relevant circumstances of Germany

resembled those of Japan at the same time… German sentiment about

monarchy and armies was like Japanese sentiment on those matters.”

(Farley 1950, p.79) Thus the commission came to a conclusion that rather

than Britain, US or any other country, Prussian model was best suited to

the Japanese needs.

The work of drafting constitution continued till March 1888 when the first

draft was finally completed. (Spencer 1920, p. 501) Considering the power

struggle within the oligarchy the leaders of Meiji government kept

constitution making exclusively in their own hands. (Aruga 1999, p. 1418)

All the work was performed behind closed doors. (Spencer 1920, p. 499)

The final draft of the constitution was presented to the Privy Council

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recently created by imperial ordinance to debate the constitutional text.

The discussion of the draft in the Privy Council began on February 1988

and lasted till February 1889. The Emperor was said to have been present

during the sessions of the Council. In Ito’s words, “The Sovereign himself

presided over these deliberations (in the Privy Council) and he had full

opportunities of hearing and giving due consideration to all conflicting

opinions.” (Malcolm 1920, p. 64) The Constitution was thus prepared by a

commission assigned by the government, was then submitted to a council

consisted of specially organized officials and enacted by imperial

ordinance and was always kept secret from the public. (Malcolm 1920, p.

64)

The Meiji Constitution, the Kempo, which promulgated on February 11,

1889 by the Emperor Mutsuhito and came into effect after the formal

opening of the bicameral parliament on November 1890 as a whole was

based on the provision that accorded a position to the Emperor above the

law and made him the very source of the law. (Spencer 1920, p. 507) He

was sacred and inviolable (Article 3), was the head of Empire and had the

right of sovereignty (Article 4) due to the unbroken lineage of Emperors for

ages (Article 1). He had the right to exercise the legislative power with the

consent of the bicameral parliament and he might issue law or ordinances

(Article 8). He had the supreme command of the army and navy (Article

11) and had the authority to declare war, make peace and conclude

treaties. (Article 13) The document, though nominally democratic, placed

most of the power in the hands of the emperor, the nobles and those

appointed by the emperor. The executive power was the government and

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the legislative and judicial merely existed to enable the executive branch.

(Malcolm 1920, p. 66) A bicameral parliament composed of, an upper

chamber, the House of Peers and, a lower chamber, the House of

Representatives was created. The House of Peers was mostly made up

from the members of the imperial family, nobility and largest tax payers

whereas the members of the House of Representatives were chosen by

limited electorate of 5% of the adult male population. The Cabinet and

armed forces were made responsible to the emperor, not to the parliament

or Japanese people. The second chapter of the constitution was devoted to

the rights and duties of the citizens. According to the constitution the right

of property of every Japanese subject was to be protected and remain

inviolate. (Article 27) An important point to be made here is to what extent

Emperor exercised a personal rule. While the absolute authority of the

emperor was emphasized in several articles of the constitution, he never

attempted a personal reign and remained ceremonial head of the Japanese

state. Avoiding from the active sphere of the government this placed him

beyond censure and criticism. In this respect Japanese practice differs

from German practice in which Kaiser exercises a personal rule and the

Chancellor is only his Secretary. (Malcolm 1920, p. 67)

The promulgation of Meiji constitution served to demonstrate the launch of

the modern state of Japan and enhanced its position in the international

sphere. By this document Japan became a “legal state” and sought to

place herself before the civilized world as a nation governed by law and

not by a single human will. (Spencer 1920, p. 499, 506) Moreover,

following the completion of the constitution in 1890 and Civil Code in 1895

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Japan had the upper hand to renegotiate disadvantageous treaties with

Western powers. By 1894, since all nations were on equal legal terms,

negotiations over matters regarding tariff autonomy and extraterritorial

jurisdiction began. In 1899 Britain agreed to make a final settlement on

consular jurisdiction and three years later Anglo Japanese Alliance was

signed in London. The successful negotiations on redemption of judicial

and fiscal authority of Japan were a major national aspiration for Japanese

people and marked a turning point for both domestic and foreign policies.

(Perren 1992, p. 32)

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