Q- examine the nature of the Meiji constitution with reference to the tanno.

Historic background

After the Meiji Restoration in 1868, Japan faced the challenge of establishing legitimacy and

central authority. The Meiji Restoration was a pivotal period in Japanese history, marking the

transition from feudalism to modernization. Samurai uprisings and unequal treaties prompted

a shift towards Westernization, voluntarily embracing Western models and practices. Civil

liberties became a key issue, with some advocating for a swift adoption of a Western-style

constitution, while conservatives favored a gradualist approach. Political crises in the 1870s

and 1880s, including armed resistance and cabinet crises, accelerated discussions on

constitutional government.

“Democratic” movements were taking place, asking for a check upon the emperor's powers.

The emergence of political parties during the Meiji period in Japan stemmed from the

nation's transition towards modernization and Westernization. These parties sought to

advocate for political representation, liberal ideals, and social and economic reforms within

the evolving governmental framework. While they did not engage in armed revolt, they

aimed to influence policy through legal and political means, often challenging the balance of

power between the emperor and elected representatives. These parties reflected diverse

visions for Japan's future, each striving to shape the nation's trajectory amidst the profound

changes of the Meiji era.

The liberal party (jiyuto) founded in 1881, advocated for a constitutional government that

would limit the power of the emperor and establish a parliamentary system. They argued for

individual rights and liberties, as well as representative government. Whereas the

Progressive Party (Kaishinto) was formed in 1882, this party also supported the

establishment of a constitution and a parliamentary system. They emphasized the need for

social and economic reforms to accompany political change.

 The New Party Established in 1882, this party sought to reconcile traditional Japanese

values with Western modernization. They supported the idea of a constitutional monarchy

but emphasized the importance of maintaining the emperor's authority.

the Constitutional Imperial Rule Party (Rikken Teiseito) Founded in 1882, this party

advocated for a constitutional monarchy with a bicameral legislature. They aimed to balance

the power between the emperor and the elected representatives. The emperor promised a

written constitution by 1890. Meiji statesmen, influenced by Western theories, initiated

studies on constitutional government and sought advice from intellectuals and overseas

missions.

Drafting of the Meiji Constitution

According to Beckmann, the oligarchs of the Meiji era had begun to quietly take measures to

reorganize the structure of the government and to draft a constitution that would guard the

political interests and power of the oligarchs. They aimed to create a constitution that would

put the emperor at the pinnacle of power.

On March 3, 1882, the emperor Ito Hirobumi led a mission to investigate the various forms of

government across the world. Provided with a rescript as a guide, this mission was set to

embark on a journey to draft a constitution for the monarch. While ito dispatched Saionji and

several others to Paris to study the third republic. Ito himself proceeded to Germany where

he attended a series of lectures by Rudolph Geinst. According to Geinst, the constitution

should be firmly rooted in national history and urged it to adopt a Prussian style of

constitution. For against, the ultimate power of the emperors shall be protected while the

powers of the parliament are controlled. While Albert Moose, a disciple of Geinst, suggested

that the core of the power shall be the sovereign.

From Berlin to Vienna where Ito attended the lectures of the jurist, Lorenz von Stein, who

talked of an authoritarian system of govt. Called “ bureaucratic constitutionalism”.in which

the state and the monarch are synonymous. Stein urged ito to establish a constitutional govt

with the ministers as the representatives of the emperors.

Ito was naturally inclined towards adopting a Prussian style of the constitution. A department

was created to facilitate the drafting of the constitution while also immunizing it from any

outside criticism, this department was called “seido torishikabe kyoku”.

Nature of the Meiji constitution and the role of the emperor.

According to Beckmann, the supreme powers are vested in the sovereign. According to

Article 4 of the Constitution, the emperor was the “ head” of the state. The emperor had the

right to introduce ministers, punish them, or intervene in judicial proceedings. Articles 11-16

mention how supreme Military powers lay with the emperor which included declaring war,

making peace, and concluding treaties. According to the constitution, the emperor had the

“divine right” to declare war or peace. Article 37 mentions the right of the emperor and his

successors to initiate change via the imperial diet.

The emperor was given an effective veto over powers of the laws passed by the Diet

concerning article 6.

Asakawa commenting on the Meiji constitution states that “the cabinet is the organ through

which the emperor's sovereignty is manifested.” the emperor could persuade the ministers to

make changes at his will.

E. H. Norman and Nathaniel Peffeer argue that the Constitution was conservative and

served as a tool of absolutism, with amendments initiated solely by the Emperor. It

maintained imperial control over the military and allowed the Emperor to suspend or dissolve

the Diet at will.

M. Jansen emphasizes the Emperor's role as a legitimizing figure rather than an active

political ruler. He describes the constitution as embodying a form of "mystical absolutism,"

where the Emperor's powers were temporary and exercised by ministers and governmental

bodies.

E. O. Reischauer notes a dual mindset among Japanese elites who drafted the constitution,

combining reverence for the Emperor with a readiness to impose decisions on him. He

suggests ambiguity regarding the Emperor's authority, with the Constitution reflecting a

combination of respect and manipulation.

Akita highlights that the parliamentary system was not imposed by popular demand but was

desired by the government's oligarchs. The constitution did not fully satisfy the aspirations of

the Popular Rights Movement, which had ended by 1889.

To conclude, the aim of the Japanese oligarchy (genro) was to establish a system of

government with the emperor as the central power and at the top of the hierarchy as well.

After the decline of the Tokugawa shogunate and rising democratic movements, it became

crucial for the Japanese to strengthen and safeguard the position of the tanno. In a broader

sense, the Meiji Constitution was a political highpoint to remove Japanese feudalism and the

rise of capitalism. In a narrower sense, the Meiji Constitution was a compromise with the

constitution embodying a feudal-based political authority with the rising democratic demands

of representative government.