The Constitution of Japan: The Road to Promulgation

Abstract

American forces occupying Japan after World War II drafted the 1947 Constitution of Japan; later came to be known as the Peace Constitution through its renunciation of war. Liberal and idealistic, it brought to the Japanese people numerous rights, which they did not have before. Women were given equal rights to men; freedom of thought and religion were now inviolate; and education was made a right for all. These rights, along with many other changes, were brought to the country of Japan through the revision of their previous constitution, the Meiji Constitution. The difference between the two is immense. The latter placed the Emperor at the head of the state and proclaimed him to be sacred and inviolate. The people of Japan were defined merely as subjects of the Empire, as opposed to free citizens. The rights they had were few and could be limited by law. The radical change seen in the Peace Constitution is due to its American origins. This thesis will explore those origins, or to be more precise; the journey from conception to promulgation, and by what method an American draft attained promulgation.