Constitution of Japan (Nihonkoku Kenpō)

The Constitution of Japan, enacted on 3 May 1948, is the supreme law of Japan. Drafted during the Allied occupation, it replaced the Meiji Constitution of 1889. The Constitution is notable for its popular sovereignty, the guarantee of fundamental rights, and the renunciation of war in Article 9. It establishes a constitutional monarchy with a parliamentary system of government headed by the Emperor as the symbol of the state. The National Diet is the highest organ of state power, and the Cabinet exercises executive power. The Constitution has never been amended.

Legal area: Constitutional law governing the structure of government and fundamental rights.

Year enacted: 1946

Full text: https://elaws.e-gov.go.jp/document?lawid=japan-constitution

Key Provisions

• Article 1: The Emperor as symbol of the state deriving sovereignty from the people
• Article 9: Renunciation of war and prohibition of maintaining armed forces
• Article 14: Equality before the law regardless of sex, race, etc.
• Article 21: Freedom of assembly, association, speech, and press
• Article 24: Equality of the sexes in marriage and family law
• Article 25: Right to maintain minimum standards of living
• Article 31: Due process of law
• Article 81: Judicial review of laws by the Supreme Court

Significance

The Constitution of Japan is one of the most distinctive constitutional documents in the world. Article 9’s peace clause has been the subject of extensive debate regarding the legality of Japan’s Self-Defense Forces. The Constitution has been interpreted as allowing defensive military capabilities, but proposals for amendment remain politically controversial. The Supreme Court has exercised judicial review sparingly, striking down only a handful of laws. The Constitution’s guarantees of civil liberties have been progressively interpreted to expand individual rights.