Meiji and Showa Constitution



Meiji and Showa Constitution

Introduction

Constitution is the fundamental framework formulated in each country around which their governmental and legal systems are woven so as to guide the respective nation effectively, while ensuring the provision of civil rights. Meiji Constitution and Showa Constitution belong to the constitutional framework of Japan. Currently, the constitution of Japan, also known as 'Postwar Constitution' or 'Peace Constitution' is the central law of Japan, which was enacted in the year 1947; following the Meiji Constitution enacted in the late 19th century. Japan was introduced to the legal system through the restoration of Meiji, the legal system which is found to have been strongly influenced by the Western Europe.

Discussion

The legal system of Japan has seen numerous transitions as it transcended within the concept of liberalism and then from the Meiji Constitution to Showa Constitution. As far as the transition within the concept of liberalism is concerned, Japanese attitudes differ from that of the popular perception of the legal system. Liberty and democracy are considered to be the European concept and thus they were not embraced by Japanese in the formation of their government and their legal system including penal and civil codes, rather their own principles exist. It is similar to the conflict that is found to exist between Western Europe and Confucian ideas prevailing in the Japanese lives. Civil and Penal Code of Japan dates back to the Meiji Constitution but when the transition occurred from the Meiji to Showa Constitution, the meaning of both the codes changed significantly. It is the Meiji Restoration that lent the idea of Constitution to Japan. 'Meiji Restoration' precisely denotes the sequence of events that led to the restoration of imperial throne in Japan, with Emperor Meiji being sworn to rule in the year 1968. Meiji Constitution was named after Emperor Meiji also known as 'Meiji the Great', who became 122nd emperor of Japan. Meiji took over in the year 1867 and continued to rule until his death in the July of 1912.

Comparison between Meiji and Showa Constitution

Meiji Constitution and Showa Constitution differ primarily through the conflict existing between ideological beliefs, as the Meiji Constitution embraced Constitutional Monarchy. Meiji Constitution was based on constitutional monarchy to avert which constitutional framework was amended and Showa Constitution was adopted. In contrast to the Meiji Constitution, Showa Constitution was erected on the principles of liberal democracy in the year 1946. Thus, with the introduction of the Showa Constitution being based on conflicting ideology, constitutional principles were inevitably changed which triggered change in the contents of the laws.

Meiji Constitution

Japan entered in the domain of Modern International Law in the year 1854 following its ending of treaty with the USA, as a result of which it was recognized as the sovereign state rather than the colony in the international society. Mid-19th century marked the era of imperialism for the capitalist countries of the Western Europe. This prompted Japan and made Japanese realize that they are far behind the developed states ...