The Dawn of Constitutional Government in Japan

In 1881, Emperor Meiji issued an imperial resolute declaring Japan’s intent to establish a constitutional government—a watershed moment for a nation emerging from centuries of feudal rule under the Tokugawa shogunate. This proclamation set in motion a deliberate Westernization campaign, spearheaded by visionary statesmen like Ito Hirobumi, who embarked on an 18-month European tour in 1882 to study comparative constitutional systems.

The geopolitical landscape of the 1880s heavily influenced Japan’s choices. Post-Franco-Prussian War Germany, with its booming industries and centralized authority under Bismarck, became Ito’s primary model. He was particularly impressed by Bismarck’s adept manipulation of parliamentary systems while preserving imperial prerogatives—a balance that resonated with Japan’s imperial traditions. After returning in 1883, Ito was appointed head of the Bureau of Institutional Investigation and later became Japan’s first Prime Minister in 1885, dismantling the archaic Daijōkan (Grand Council) system in favor of a cabinet structure.

Crafting the Imperial Constitution

The drafting process was meticulous. In 1888, Ito revisited Europe for refinements before presiding over the Privy Council to finalize the document. Emperor Meiji personally reviewed each clause, making selective amendments. On February 11, 1889—the symbolic anniversary of Emperor Jimmu’s accession—the Constitution of the Great Japanese Empire was ceremoniously promulgated. The spectacle was unprecedented: foreign diplomats attended the proclamation banquet, political prisoners were pardoned, and citizens celebrated with lantern processions across Tokyo.

The seven-chapter, 76-article constitution blended Prussian authoritarianism with selective liberal elements:

### Imperial Prerogatives: The Core Framework
Chapter 1 enshrined the Emperor’s inviolable powers:
– Executive Authority: Absolute control over appointments from ministers to local officials, creating a centralized bureaucracy.
– Military Command: Unquestioned control over army/navy organization, bypassing parliamentary oversight.
– Legislative Checks: Power to convene/dissolve the Diet, veto bills, and issue emergency ordinances.
– Diplomatic Dominance: Exclusive treaty-making and war declaration rights, contrasting with Western parliamentary traditions.

### Conditional Liberties: A Calculated Balance
Chapter 2 granted limited rights—property ownership, religious freedom, and speech—but all “within limits prescribed by law.” Crucially, Article 31 allowed rights suspension during emergencies, revealing the document’s authoritarian leanings.

The Diet: A Controlled Experiment in Representation

Modeled after Prussia’s bicameral system, Japan’s Imperial Diet comprised:
– House of Peers: An aristocratic chamber of reformed nobility (公侯伯子男 ranks).
– House of Representatives: Elected through limited suffrage (1.1% of population initially).

Though legislators could debate budgets and propose bills, real power rested with the Emperor and his ministers. The Cabinet answered solely to the throne—a deliberate design explained in Ito’s authoritative Commentaries on the Constitution (1889).

Judicial Innovations with Authoritarian Anchors

Chapter 5 introduced independent courts but maintained executive influence through:
– Administrative Courts: Handling state-related cases separately (a French-inspired measure to shield officials).
– Judicial Appointments: Lifetime tenure for judges, yet subordinate to overarching imperial authority.

Budgetary Battlegrounds

While Chapter 6 mandated Diet approval for budgets, critical expenditures—military, imperial household, and existing taxes—were exempt. Article 71 even allowed recycling prior-year budgets if negotiations failed, severely curtailing fiscal oversight.

The Unamendable Core

Article 73 required supermajorities and imperial assent for amendments, making revisions nearly impossible—a feature that later fueled political crises in the 1920s.

Legacy: Modernization with Authoritarian Shadows

The Meiji Constitution’s contradictions defined Japan’s trajectory:
– Centralization Success: Enabled rapid industrialization and military expansion.
– Democratic Deficits: Suppressed party politics until the 1918 Rice Riots forced concessions.
– Imperial Mythmaking: Article 1’s “eternal imperial line” became ideological bedrock for later militarism.

When the 1947 Constitution replaced it, the Meiji document’s true significance emerged—it had been both a catalyst for modernization and a straitjacket for democracy, proving that borrowed institutions evolve unpredictably in new cultural soil. Its 58-year lifespan demonstrated how constitutionalism, even when selectively adopted, can irreversibly transform societies.