The Emperor in the Japanese Constitution

Abstract

This blogpost is a review of the communication “El emperador en la Constitución japonesa” read at the seminar “Japón: la posición del Emperador y el principio de igualdad en la Constitución” held at the Faculty of Law of the University of Barcelona on March 18 2014. The present Japanese Constitution was established in 1947, after World War II and was intended to replace Japan’s previous militaristic and absolute monarchy system with a form of liberal democracy.

This Constitution has various characteristics. First of all, the Japanese Constitution provides for a parliamentary system and guarantees certain fundamental rights.

Second, the Japanese Constitution, also known as “Peace Constitution”, is most characteristic and famous for the renunciation of the right to wage war contained in Article 9. Third, it states the sovereignty of the people and the Emperor of Japan is “the symbol of the State and of the unity of the people” and exercises a purely ceremonial role without the possession of sovereignty.