Anisa Widya Prastuti 14360016SP26030 Vanessa Christiani 14360042SP26036 Vidre

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Anisa Widya Prastuti 14/360016/SP/26030 Vanessa Christiani 14/360042/SP/26036 Vidre Patria 14/360045/SP/26037 Reytasari azura putri 14/365365/SP/26271

Anisa Widya Prastuti 14/360016/SP/26030 Vanessa Christiani 14/360042/SP/26036 Vidre Patria 14/360045/SP/26037 Reytasari azura putri 14/365365/SP/26271 Rizki Amalia Laksmiputri 14/365485/SP/26277 Yudho Thareq Haryono 14/365489/SP/26283 Nisa Latifah 14/368719/SP/26445 Dickson A S Kumara 14/369023/SP /26452 Takuya Mastumoto 2015/01/M/SP/2163 JAPAN UNDER TWO CONSTITUTION

INTRODUCTION Two constitution used by the Japanese: The Meiji Restoration and current Constitution of

INTRODUCTION Two constitution used by the Japanese: The Meiji Restoration and current Constitution of Japan. Origin, principle, and failure of the Meiji Constitution Drafting, enactment, and principle of the present Constitution Japan Constitution under debate Government and Politics comparison under both Constitution

ORIGIN OF MEIJI CONSTITUTION � � 1868: Shogun Ieyasu Tokugawa lost his power. The

ORIGIN OF MEIJI CONSTITUTION � � 1868: Shogun Ieyasu Tokugawa lost his power. The emperor was restored to the supreme position; “Meiji” or Enlightened Rule was born and known as Meiji Restoration. The Aim: create a constitution that would define Japan as capable, modern nation, and also respected by the West while Japan preserving its own power. Weak military power, agricultural-based, slow technological development, and ruled by semi-independent feudal lords. The Meiji Constitution: publicized in 1889. Later would replaced by present constitution in November 1946 and executed in May 1947

� � West forced Japan to sign treaties that limited Japan’s foreign trade. 1912:

� � West forced Japan to sign treaties that limited Japan’s foreign trade. 1912: the decease of the emperor ended the Meiji period. Highly centralized and bureaucratic government, a constitution which concerned regarding an establishment of elected parliament, a developed transportation and communication system, highly educated population free of feudal class restrictions, well-established and rapidly growing industrial sector based on the latest technology, and powerful army and navy.

� � � Pressures that led to the government’s decision in 1881 to research

� � � Pressures that led to the government’s decision in 1881 to research and write a constitution: Some government leaders want to follow Western patterns of development, others, wanted to impose more definition and stability on the rapid changes of the period. The opponents of the government wanted a popular elections which might lift them into government, resulting in Political Crisis in 1881 Ito Hirobumi, the Genro (elder statesman) during Meiji era, called for bicameral parliament (the Diet) with a voted lower house and a prime minister and cabinet chosen by the emperor, furthermore, the major part of resultant document was worked by Ito Hirobumi. The emperor held a supreme power of the navy and the army, thus the constitution was presented as a gift from the emperor to the people. He remained powerful but also limited by the constitution. Because resistance and rebellion was defeated, acquirement of civic ideology (influenced by Western), social and economic changes, the international climate changes (colonialism and expansion). Meiji period assessed to be a struggle in order of recognition of its considerable achievement and equality towards Western nations

FAILINGS OF MEIJI CONSTITUTION 1. Lack of provisions defining the duties and powers of

FAILINGS OF MEIJI CONSTITUTION 1. Lack of provisions defining the duties and powers of the cabinet and the prime minister. Ø Ø The ambiguous delegation of powers as the result of the new model of parliamentary government which necessarily limited by the power of the emperor. The Meiji constitution enshrined the emperor at the top of government. However, in practice and by tradition, the emperor remained passive, allowing others to act in his name. The Meiji constitution also failed to provide an effective mechanism for resolving conflicts between the executive and legislative branches of government. Any new legislation, including the annual budget, required the approval of both the emperor’s executive cabinet of ministers and the legislature. Yet the politically powerful cabinet was not responsible to the relatively weak legislature. This situation led to frequent battles between the branches, as lawmakers used their power over the budget to obtain leverage in other matters.

2. Independence of the supreme command (Art. 11): requiring army and navy ministers to

2. Independence of the supreme command (Art. 11): requiring army and navy ministers to be officers on active duty, allowed the military virtually to hold the government hostage. Ø 3. Basically, command administration are difficult to be separated. But, under the constitution, the chiefs of the General Staff and the Naval General advised on matters of military command, while the army and navy ministers advised on military administration. The important position of the Imperial Diet, as a board that approved the legislation. Ø However, the bicameral assembly lacked the autonomy to pass laws regarding its own composition, organization and operation: it had no power in regard to the declaration of war, the conclusion of treaties, proclamation of martial law, and its budgetary powers were limited.

DRAFTING & ENACTMENT OF THE PRESENT CONSTITUTION After World War II Rebuilding Japan as

DRAFTING & ENACTMENT OF THE PRESENT CONSTITUTION After World War II Rebuilding Japan as a non-militaristic democratic nation Midst of food shortage Insistence from Allied Occupation forces Dilemma Emperor’s status Debate Kokutai* *Kokutai : nation is created by the unification of the people around emperor, focus of aspiration

TIMELINE General Courtney Whitney delevered “Mac. Arthur Draft” to the cabinet 13 th February

TIMELINE General Courtney Whitney delevered “Mac. Arthur Draft” to the cabinet 13 th February 1946 4 th – 11 th Oct 1945 General Douglas Mac. Arthur urged minister of state Higashikuni cabinet & Prime Minister for constitutional revision “March 6 draft outline” passed through ratification, submission, deliberation, amendment, and approval 16 th April 1946 6 th March 1946 “March 6 draft outline” came out after several negotiation and revision 3 rd November 1946 New Constitution of Japan was promulgated by the emperor. Effective since 3 rd May 1947

DEBATE • Position & powers of the emperor • Renunciation of war • Enumeration

DEBATE • Position & powers of the emperor • Renunciation of war • Enumeration of the rights & duties of the people • New parliamentary system based on unicameral (single legislative chamber) legislature • Continuity of kokutai

PRINCIPLES OF THE PRESENT CONSTITUTION � Popular sovereignty and symbolic role of emperor �

PRINCIPLES OF THE PRESENT CONSTITUTION � Popular sovereignty and symbolic role of emperor � Emperor acts only based on constitution and does not have power in government � Prime minister and Chief Justice of Supreme Court � Pacifism � Renouncing war � Aspiration to international peace � Disbanding imperial army and navy, and purging of militarists. However, minimum armed forces are kept for self-defense

� Respect for fundamental human rights � People are allowed to enjoy fundamental human

� Respect for fundamental human rights � People are allowed to enjoy fundamental human rights (as long as they do not conflict with public welfare) � Covers specific rights of the people: liberty, equality, participation in government, claim, and various social rights.

PARLIAMENTARY SYSTEM BASED ON PRESENT CONSTITUTION � Japan then owns 3 bodies in the

PARLIAMENTARY SYSTEM BASED ON PRESENT CONSTITUTION � Japan then owns 3 bodies in the parliamentary system � Legislative � Consists of National Diet (House of Representatives and House of Counselors) � Prime Minister is appointed by resolution and is responsible to the Diet � Executive � Based on British parliamentary models � Judiciary � Consists of summary, district, family, high courts, and supreme court � Supreme court holds judicial review

ARTICLE 9 � Bone of contetion � Beginning of second pharagraph, regarding the intepretation

ARTICLE 9 � Bone of contetion � Beginning of second pharagraph, regarding the intepretation of the article’s stricture against maintenance of war potential � National police reserve or National Safety Forces later reorganized as Ground, Maritime and Air Self-defense Forces.

STATIONING US FORCES National police reserve and stationing of US Forces in Japan is

STATIONING US FORCES National police reserve and stationing of US Forces in Japan is uncontitutional. Supreme Court overtuned their decision and said that it is constitutional, it based on Article 9 does not in any way deny japan the right of self defense of a sovereign nation and that Japan may take those measures necessary to defend itself as a nation. Although it is prohibits any maintenance of war potential in the form of military forces under Japan, it says nothig about stationing US forces.

Thus the next problem is about defining the minimum required force for self defense

Thus the next problem is about defining the minimum required force for self defense and the force necessary employment. � Many questions concerning national defense under present contitution is still unanswered � Nations contitutional right to self defense and the maintenance of armed forces need to be clarify � Three constitutional principles of popular sovereignty. �

CASE STUDY UNDER 2 CONSTITUTIONS � Topic 1 : What decisions was made by

CASE STUDY UNDER 2 CONSTITUTIONS � Topic 1 : What decisions was made by Tennou? � Conclusion : Tennou made only 2 decisions under Meiji constitution, and he have never decided in politics under the recently constitution.

CASE STUDY UNDER 2 CONSTITUTIONS � ◆What is the only 2 decision? 1. February

CASE STUDY UNDER 2 CONSTITUTIONS � ◆What is the only 2 decision? 1. February 26 Incident (1936) → To put down the a rebel army headed by ultranationalists 2. Potsdam Declaration(1945) → To surrender WW 2

CASE STUDY UNDER 2 CONSTITUTIONS � What is the role under recently constitusion? 1.

CASE STUDY UNDER 2 CONSTITUTIONS � What is the role under recently constitusion? 1. participate in many Ceremony 2. treat the foreigner warmly 3. express sympathy to the victim

Under Meiji Restoration Ø Ø Ø Political and administrative power shifted to a group

Under Meiji Restoration Ø Ø Ø Political and administrative power shifted to a group of younger samurai who had been instrumental in forming the new system and were committed to modernizing the military. Drastic changes, which cleared the way for the development of modern, European-style armed forces. Japan’s military grew independently and strong: Japan annexes Korea, invaded Philippines, Malaysia, Thailand Hong Kong. Japan takes Guam and Wake Island

 After Meiji Restoration Ø Ø Ø The U. S. drafts a new constitution

After Meiji Restoration Ø Ø Ø The U. S. drafts a new constitution for Japan, abolishing and forbidding future military forces The U. S. remains the military protector of a pacifist Japan feels the need to enter into a mutual defense relationship with the United States to guarantee the nation's external security. July 1950 - The Japanese Self-Defense Forces, preceded by the National Police Reserve are established to protect the Japanese islands. The Japan Mutual Defense Assistance Agreement provides for the presence of U. S. armed forces in Japan “in the interest of peace and security. ”

CONCLUSION THANK YOU

CONCLUSION THANK YOU