Constitution of Japan | |
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![]() Preamble of the Constitution | |
Overview | |
Original title | 日本国憲法 |
Jurisdiction | Japan |
Presented | 3 November 1946 |
Date effective | 3 May 1947 |
System | Unitary parliamentary constitutional monarchy[1] |
Government structure | |
Branches | Three |
Head of state | Not defined in constitution.[2] The Emperor is "the symbol of the State and of the unity of the people", but carries many functions of a head of state.[1] |
Chambers | Bicameral (National Diet: House of Representatives, House of Councillors) |
Executive | Cabinet, led by a Prime Minister |
Judiciary | Supreme Court |
Federalism | Unitary |
History | |
First legislature | |
First executive | 24 May 1947 |
First court | 4 August 1947 |
Amendments | 0[3] |
Location | National Archives of Japan |
Author(s) | Milo Rowell, Courtney Whitney, and other US military lawyers working for the US-led Allied GHQ; subsequently reviewed and modified by members of the Imperial Diet |
Signatories | Emperor Shōwa |
Supersedes | Meiji Constitution |
Full text | |
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The Constitution of Japan (Shinjitai: 日本国憲法, Kyūjitai: 日本國憲󠄁法, Hepburn: Nihon-koku kenpō) is the constitution of Japan and the supreme law in the state. It was written primarily by American civilian officials working under the Allied occupation of Japan after World War II. The current Japanese constitution was promulgated as an amendment of the Meiji Constitution of 1890 on 3 November 1946 when it came into effect on 3 May 1947.[4]
The constitution provides for a parliamentary system of government and guarantees certain fundamental human rights. In contrast to the Meiji Constitution, which invested the Emperor of Japan with supreme political power, under the new constitution the Emperor was reduced to "the symbol of the State and of the unity of the people" and exercises only a ceremonial role acting under the sovereignty of the people for constitutional monarchy.[5]
The constitution, also known as the MacArthur Constitution,[6][7] "Post-war Constitution" (戦後憲法, Sengo-Kenpō), or the "Peace Constitution" (平和憲法, Heiwa-Kenpō),[8] was drafted under the supervision of U.S. General Douglas MacArthur, the Supreme Commander for the Allied Powers, during the post-war Allied occupation of Japan.[9] Japanese scholars reviewed and modified it before adoption.[10] It changed Japan's previous system of semi-constitutional monarchy and stratocracy with a parliamentary monarchy. The Constitution is best known for Article 9, by which Japan renounces its right to wage war and maintain military forces.[11] Despite this, Japan retains de facto military capabilities in the form of the Self-Defense Forces and also hosts a substantial American military presence.
The Japanese constitution is the oldest unamended constitution in the world. At roughly 5,000 words it is a relatively short constitution, less than quarter the length of the average national constitution.[3][12]