Why constitutions have guiding principles
A constitution is the highest law. It also states principles: basic ideas that every other law must follow. When a country lives through a war or a dictatorship, it often writes its principles very clearly so the same mistake does not happen again.
Japan's Constitution was announced on 3 November 1946 and began to work on 3 May 1947. It replaced the Meiji Constitution of 1889. It has three guiding principles: respect for fundamental human rights, popular sovereignty and pacifism.
Respect for fundamental human rights
Fundamental human rights are rights that belong to every person simply because they are human. The constitution says the government must respect them, and they cannot be taken away by an ordinary law.
- Freedom rights: speech, belief, movement, choosing a job.
- Equality: all are equal before the law; no unfair treatment because of sex, birth, religion or background.
- Social rights: a minimum standard of healthy and cultured living, education and fair work.
- Rights to take part and to get justice: to vote and to go to court.
Rights come with duties, such as paying tax, sending children to school and not harming others' rights.
Popular sovereignty
Sovereignty means the final power to decide how a country is run. In popular sovereignty that power belongs to the people. Under the Meiji Constitution, sovereignty was held by the Emperor. Under the 1947 Constitution, the Emperor is only a symbol of the state and the unity of the people, and has no power over government.
The people use their power through elections: they vote for representatives in the parliament (the Diet), which makes the laws and chooses the Prime Minister. The people also vote in a referendum to approve a change to the constitution, after two-thirds of both houses agree. India's Constitution says the same in its Preamble: "We, the people of India."
Pacifism
Pacifism means a commitment to peace and to settling quarrels without war. In Article 9, the Japanese people "forever renounce war" as a way of settling disputes between countries, and the country does not keep war potential in the old sense. After the very heavy losses of World War II, this was chosen to keep Japan from fighting again.
In practice Japan has Self-Defense Forces, and people still debate how Article 9 should be read. Japan also works for peace through the United Nations, aid and talks. A few other countries, such as Costa Rica, have no army at all. Pacifism is a principle that every student should know and can discuss with respect for different views.
Try it: the pillars game
In the 3D: go to step 5 and pull out each pillar one by one. Read what the caption says would go wrong. Then put all pillars back.
At home or in class: make a class "mini-constitution" with three rules: one about everyone's rights, one about how the class decides together by voting, and one about settling quarrels by talking. Does it need all three? Which rule would you keep if you could only have one, and why does that feel unsafe?
Key formulas and definitions
- Three principles: fundamental human rights + popular sovereignty + pacifism
- Sovereignty = final power to decide; popular sovereignty = that power is with the people
- People use their power by voting (elections and referendum)
- Article 9 = renouncing war as a way to settle international disputes
- Rights come with duties
Worked examples
1. Who held sovereignty under the Meiji Constitution, and who holds it under the 1947 Constitution?
Under the Meiji Constitution (1889) the Emperor held sovereignty. Under the 1947 Constitution, the people hold it, and the Emperor is a symbol of the state.
2. A city bans a newspaper because it criticises the mayor. Which principle is broken?
Respect for fundamental human rights, because freedom of speech and of the press is a freedom right.
3. How do the people actually use their sovereignty?
They vote in elections to choose representatives in parliament, and they vote in a referendum to approve changes to the constitution.
4. To change the constitution, a house of 300 members needs two-thirds to agree. How many votes are needed there?
Two-thirds of 300 = 300 ร 2 รท 3 = 200 votes. After that, the people must also vote in a referendum.
5. In a referendum, 80 voters take part. How many "yes" votes are needed for a simple majority?
More than half of 80 is more than 40, so at least 41 votes.
6. Why did Japan write the pacifism principle after 1945?
The country had suffered great loss in World War II. The people wanted a guarantee that the government could not lead them into war again, so war was renounced in Article 9.
Common mistakes
- Mixing up sovereignty with government. The government works for the people; the people are the final source of power.
- Thinking pacifism means no defence debate at all. Article 9 is widely discussed, and Japan has Self-Defense Forces.
- Saying rights have no limit. Rights come with duties and cannot harm other people's rights.
- Thinking the Emperor rules today. Under the 1947 Constitution the Emperor is a symbol and only performs duties allowed by the constitution.