Emperor as symbol of the nation
Under the old Meiji Constitution (1889) the emperor was sacred and held sovereignty. He ruled the country and led the armed forces. After the defeat in 1945 this changed. In the Constitution of Japan (in force 3 May 1947), Article 1 says three things in simple words:
- The emperor is the symbol of the State and of the unity of the people.
- His position comes from the will of the people.
- Sovereignty (the final power) rests with the people.
A symbol stands for something, like a flag. It does not govern. So the emperor is a figure of national unity, but the people decide who governs, through elections. The position is passed on in the imperial family by the rules of the Imperial Household Law (Article 2). The emperor also takes part in other public activities, such as visiting areas hit by disasters, but these are not acts of state.
Acts in matters of state
Acts in matters of state are formal acts that the Constitution lists for the emperor. Three rules control them:
- Article 3: every act needs the advice and approval of the Cabinet, and the Cabinet is responsible for it.
- Article 4: the emperor does only the acts the Constitution lists, and he has no powers related to government.
- Article 6: he appoints the Prime Minister as designated by the Diet, and the Chief Justice of the Supreme Court as designated by the Cabinet.
Article 7 lists the other acts, done with Cabinet advice and approval, on behalf of the people:
- Promulgating amendments, laws, cabinet orders and treaties.
- Convening the Diet.
- Dissolving the House of Representatives.
- Proclaiming a general election of the Diet.
- Attesting the appointment and dismissal of ministers and other officials, and the credentials of ambassadors.
- Attesting pardons and similar acts.
- Awarding honours.
- Attesting ratification papers and other diplomatic documents.
- Receiving foreign ambassadors and ministers.
- Performing ceremonial functions.
So when the Diet passes a law, the Diet decides and the emperor promulgates it (announces it officially). The decision never belongs to the emperor.
Try it: who decides?
In the last 3D step, press the six buttons one by one. For each one, say aloud who decides (Diet or Cabinet), and what the emperor does. Then write: "The emperor ___, but the ___ decides." At home, find out what the President of India signs, and on whose advice.
Key formulas and definitions
- Article 1: symbol of the State and of the unity of the people; position from the will of the people, with whom sovereignty rests
- Article 3: all acts in matters of state need the advice and approval of the Cabinet
- Article 4: only acts listed in the Constitution; no powers related to government
- Article 6: appoints the Prime Minister (designated by the Diet) and the Chief Justice (designated by the Cabinet)
- Article 7: ten acts, such as promulgating laws, convening the Diet and dissolving the House of Representatives
Worked examples
1. The Diet passes a new law. What does the emperor do?
He promulgates it (announces it officially) with the Cabinet's advice and approval. The Diet decided; the emperor performs the act.
2. How many years are there from the Meiji Constitution (1889) to the Constitution of Japan coming into force (1947)?
1947 - 1889 = 58 years.
3. Out of the ten acts in Article 7, the acts of convening the Diet, dissolving the House of Representatives and proclaiming a general election concern the Diet and elections. What percent of the ten is that?
3 out of 10 = 3 / 10 × 100 = 30 percent.
Common mistakes
- Saying the emperor rules Japan. Under the present Constitution he has no powers related to government.
- Thinking the emperor chooses the Prime Minister. The Diet designates, and the emperor appoints.
- Forgetting that every act needs the Cabinet's advice and approval (Article 3).
- Mixing up the two constitutions: sovereignty with the emperor was the Meiji Constitution; with the people is the present one.