The Constitution of the Empire of Japan, officially known by its historical name as 大日本帝國憲法 (Kyūjitai) or 大日本帝国憲法 (Shinjitai), romanized as Dai-Nippon Teikoku Kenpō, is more commonly referred to as the Meiji Constitution (明治憲法, Meiji Kenpō). This pivotal document served as the fundamental law of the Empire of Japan for over five decades, shaping its political landscape from its proclamation on February 11, 1889, until its replacement on May 2, 1947.

Historical Context: The Meiji Restoration and Nation-Building

Its enactment came swiftly after the momentous Meiji Restoration of 1868, a period marking the end of the feudal samurai government (Tokugawa Shogunate) and the return of imperial rule. This era ushered in rapid modernization, industrialization, and Westernization, transforming Japan from an isolated, agrarian society into a formidable global power. The constitution was a crucial step in establishing a modern state structure, presenting Japan to the world as a civilized nation capable of self-governance and an equal among Western powers, thereby aiming to revise unequal treaties.

Structure of Governance: A Mixed Monarchy

The Meiji Constitution established a unique form of governance: a mixed constitutional and absolute monarchy. This hybrid system drew inspiration from both European and British models, specifically incorporating elements from the Prussian constitution of 1850, known for its strong executive powers, and to a lesser extent, the British constitutional monarchy for its parliamentary structures. While it introduced a parliament (the Imperial Diet), significant power remained concentrated with the Emperor and his unelected advisors.

• The Emperor's Position: In theory, the Emperor of Japan was the supreme leader, holding sovereign power as the divine head of state. Article 3 famously declared, "The Emperor is sacred and inviolable." All legislative, executive, and judicial powers ultimately derived from him, making him the supreme commander of the armed forces and the source of all law.
• The Cabinet and Prime Minister: The Cabinet, led by the Prime Minister, was theoretically composed of the Emperor's followers, assisting him in governance. The Prime Minister's selection, while theoretically by imperial appointment, often involved the powerful Privy Council (Sūmitsu-in) and the Genrō (elder statesmen), an extra-constitutional group of influential advisors who had guided the Meiji Restoration.
• Theory vs. Practice: In practice, while the Emperor served as the symbolic and legitimate head of state, the actual day-to-day power often resided with the Prime Minister and influential oligarchs or military leaders. The Cabinet was not directly accountable to the elected members of the Imperial Diet, and its members were not necessarily chosen from the legislature. This arrangement often led to power struggles between various factions – the civilian government, the military, and the imperial court – ultimately contributing to political instability, especially in the interwar period.

Key Institutions and Rights

Under the Meiji Constitution, the Imperial Diet was established, comprising two houses: the House of Peers (appointed and hereditary members) and the House of Representatives (elected by a limited male suffrage). While the Diet had the power to approve laws and budgets, its powers were constrained, particularly regarding the military, which answered directly to the Emperor and often acted independently of civilian control. Fundamental rights such as freedom of speech, religion, and assembly were granted to Japanese subjects, but these rights were explicitly "within the limits of law," meaning they could be easily restricted by government decrees.

Transition to the Postwar Constitution

The Meiji Constitution remained in force until May 2, 1947, when it was superseded during the Allied Occupation of Japan following World War II. The new constitution, known as the "Postwar Constitution" or "Constitution of Japan," was formally promulgated on November 3, 1946, and came into effect on May 3, 1947. To ensure legal continuity and avoid the appearance of a revolutionary break from the imperial institution, the Postwar Constitution was technically enacted as an amendment to the Meiji Constitution. However, it fundamentally transformed Japan's political system from an imperial monarchy with limited popular sovereignty to a parliamentary democracy where sovereignty resides with the people, renouncing war and defining the Emperor as a symbol of the state and the unity of the people.

Frequently Asked Questions about the Meiji Constitution

When was the Meiji Constitution proclaimed?

The Meiji Constitution was officially proclaimed on February 11, 1889, a date deliberately chosen as it coincides with Japan's National Foundation Day (Kigensetsu), reinforcing its connection to imperial lineage and divine legitimacy.

How long was the Meiji Constitution in effect?

It was in force from November 29, 1890, when the Imperial Diet first convened, until May 2, 1947, just one day before the current Postwar Constitution came into effect.

What type of government did the Meiji Constitution establish?

It established a mixed constitutional and absolute monarchy, blending elements of European constitutionalism, particularly from the Prussian model which emphasized a powerful monarch, with traditional Japanese imperial authority.

What was the Emperor's role under the Meiji Constitution?

The Emperor was theoretically the supreme and divine ruler, the source of all authority, and commander-in-chief of the armed forces. In practice, while highly revered, much of the political power was exercised by the Prime Minister, the Cabinet, the Privy Council, and powerful oligarchs or military leaders, often acting in the Emperor's name.

When and why was the Meiji Constitution replaced?

It was replaced on May 3, 1947, during the American-led Allied Occupation of Japan following its defeat in World War II. The new Postwar Constitution fundamentally restructured Japan's government to establish a pacifist parliamentary democracy with popular sovereignty, reflecting Allied reform directives.