Meiji Constitution and its Western Constitutional Development

This report delves into the Meiji Constitution, examining its historical context and the influence of Western ideals on its development. The report begins by highlighting the establishment of the new regime under Emperor Mutsuhito and its goal to incorporate Western sciences and Eastern ethics. It then explores the key features of the constitution, including the incorporation of liberal policies such as the right to own property, freedom of religion, speech, and publication, while still preserving the emperor's power. The report analyzes specific articles, such as Article 23 which guaranteed the rights of citizens and Article 26 which provided privacy to their communications, and Articles 28 and 29 that gave citizens the right to practice their religion and freedom of speech. It also discusses the limitations of these rights and the continued sovereignty of the emperor. The conclusion reflects on the government's success in combining Western and Eastern ideals and providing citizens with liberties while maintaining the emperor's power. The report references the Meiji Constitution of the Empire of Japan to support its analysis.

Running Head: MEIJI CONSTITUTION AND WESTERN CONSTITUTIONAL
DEVELOPMENT
Meiji Constitution and Western Constitutional Development
Name of the Student
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Author’s Note:

1MEIJI CONSTITUTION AND WESTERN CONSTITUTIONAL DEVELOPMENT
Introduction
The Meiji Constitution, under the fifteen years of an old-new emperor, Mutsuhito
established their capital in Edo and renamed it as Tokyo. The new regime put in place the goal,
which will abide by Western Sciences and Eastern Ethics and bring the civilization into
enlightenment. This was done by incorporating the new concept of liberty to own property,
religion without causing any violence as well as the liberty of speech, publication as well as
public meeting inside the limits of law without diminishing the importance of the imperial power
of the emperor. Yet, the emperor’s power to revoke all the rights during the times of war was
kept intact, as was the traditional norm of the East.
Discussion
The Meiji Constitution proposed a ground which would be the middle ground in attaining
the westernization of the eastern ethics which was laid out in the Imperial oath sworn by the
emperor which specified that the new laws will incorporate liberal policies which will let the
people move ahead through the cooperation of the government and the emperor’s lineage
benefits from the co-existing range. The Imperial House Law and the Constitution provided
many new alternatives, which were a deviation from the traditional eastern norms1.
The addition of the different articles reflects the liberal form of government derived from
western culture can be observed. Article 23 of the constitution gave the Japanese citizens the
right to freedom and restrained any group or official from detaining, arresting, or punishing them
without being determined by the judges2. According to the normative way, any citizen deemed
guilty was tried and punished according to the discretion of the Imperial judgment. This division
1 Meiji Constitution of the Empire of Japan
2 The Meiji Constitution

2MEIJI CONSTITUTION AND WESTERN CONSTITUTIONAL DEVELOPMENT
of power was a new addition in accordance with the Imperial House Law. The citizen’s letters
and information were given the passage of secrecy and privacy under Article 26. And, above all,
Articles 28 and 29 was a complete deviation from the previous imperial law for it gave the
citizens the right to practice the religion of their choice and freedom of speech and
communication3.
But, with all this, the constitution kept the power of the emperor intact for the power of
governance was made to pass to their male heir, and the organization and criticism of the ruler
were kept under control with the help of ‘escape clauses.’ The emperor stayed the highest power
and sacred and exclusively holds the right to sanction policies and grant them the position of law.
Conclusion
The new government under the young emperor does step up to their proclamation of
realizing the goal of combining western sciences with eastern ethics, as can be seen from the
article and the oath taken for the formation of the Imperial House Law. It provided the citizen's
liberty and freedom, which was not present during the previous regime but managed to keep the
sovereignty of the Emperor.
3 The Meiji Constitution

3MEIJI CONSTITUTION AND WESTERN CONSTITUTIONAL DEVELOPMENT
Bibliography
The Meiji Constitution of the Empire of Japan. Making of the Modern World Custom Edition,
pp. 128-130