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83-648: The modern Supreme Court was established in Article 81 of the Constitution of Japan in 1947. There was some debate among the members of the SCAP legal officers who drafted the constitution and in the Imperial Diet meeting of 1946 over the extent of the power of the judiciary, but it was overshadowed by other major questions about popular sovereignty, the role of the emperor, and the renunciation of war. Although

166-541: A parliamentary system and three branches of government, with the National Diet (legislative), Cabinet led by a Prime Minister (executive), and Supreme Court (judicial) as the highest bodies of power. It guarantees individual rights, including legal equality ; freedom of assembly , association , and speech ; due process ; and fair trial . In contrast to the Meiji Constitution, which invested

249-686: A quorum . Associate Justices of the Supreme Court are both selected and appointed by the Cabinet of Japan , but the Chief Justice differs in being appointed by the Emperor of Japan . Justices are required to be over the age of 40 and possess an extensive knowledge of the law. Unlike in other countries, Supreme Court judges in Japan are subject to retention elections , held concurrently with

332-486: A 'model copy' prepared by MacArthur's command. Federal Constitutional Court The Federal Constitutional Court (German: Bundesverfassungsgericht [bʊndəsfɛʁˈfasʊŋsɡəˌʁɪçt] ; abbreviated: BVerfG ) is the supreme constitutional court for the Federal Republic of Germany , established by the constitution or Basic Law ( Grundgesetz ) of Germany. Since its inception with

415-418: A 12-year term, though they must retire upon reaching the age of 68 regardless of how much of the 12 years they have served. Re-election is not possible. A judge must be at least 40 years old and must be a well-trained jurist. Three out of eight members of each senate have served as a judge on one of the federal courts. Of the other five members of each senate, most judges previously served as academic jurists at

498-490: A cabinet meeting on the following day. After Shidehara Cabinet decision, Jōji Matsumoto aimed to draft a Japanese government bill based on the MacArthur Draft, and the draft was completed on 2 March of the same year. On 4 March Jōji Matsumoto presented the draft to Whitney, but GHQ noticed that there were differences between the MacArthur Draft and the 2 March Draft. In particular, the 2 March Draft did not include

581-440: A concrete case. In the 1960s and 1970s, the Supreme Court experienced a "judicial crisis" between older judges and generally younger, liberal judges. For example, there was controversy when some judges in lower courts were seen as frustrating the implementation of ordinances that would limit anti-government demonstrations. In 1971, the Supreme Court deliberately did not reappoint assistant judge Yasauaki Miyamoto, who participated in

664-463: A conservative leadership promoting like-minded judges that less likely to make significant decisions. A historical perspective argues that the early judges were influenced by a Meiji Constitution and German jurisprudence tradition that did not allow striking down unconstitutional legislation, and that over time this expectation resulted in a reluctance to act in politically sensitive cases to maintain judicial independence. One more favorable explanation

747-408: A draft created under his own supervision, which was reviewed and modified by the scholars before its adoption. Also known as the "MacArthur Constitution", "Post-war Constitution" ( 戦後憲法 , Sengo-Kenpō ) , or "Peace Constitution" ( 平和憲法 , Heiwa-Kenpō ) , it is relatively short at 5,000 words, less than a quarter the length of the average national constitution. The constitution provides for

830-833: A legal organization associated with left-wing ideological leanings. This "Miyamoto Affair" resulted in significant media coverage and protest by other judges. Since then, no judge has failed to be reappointed. Ultimately, the court was reshaped during the 1960s and 1970s to become more conservative, with more representation among the justices from lifetime government employees, which resulted in decisions that tended to limit free expression and public demonstration. Naruhito [REDACTED] Fumihito [REDACTED] Shigeru Ishiba ( LDP ) Second Ishiba Cabinet ( LDP – Komeito coalition ) [REDACTED] [REDACTED] Fukushiro Nukaga Kōichirō Genba [REDACTED] Masakazu Sekiguchi Hiroyuki Nagahama Saburo Tokura Kazuo Ueda Article 81 of

913-442: A member of two chambers. The court publishes selected decisions on its website and since 1996 a public relations department promotes selected decisions with press releases. Decisions by a senate require a majority. In some cases a two-thirds vote is required. Decisions by a chamber need to be unanimous. A chamber is not authorized to overrule a standing precedent of the senate to which it belongs; such issues need to be submitted to

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996-695: A period of six decades, during which the German Federal Constitutional Court struck down over 600, the United States Supreme Court over 900, and the Indian Supreme Court over 2600. Furthermore, in at least one case where a constitutional violation was found, regarding election district apportionment, the court has been unable to achieve compliance with its ruling. Observers have proposed several possible reasons for this. One critical view

1079-405: A plan for a new Supreme Court building was created. It was decided that the building should be created in a modern style, and that the design be selected through a public contest. Of 217 submissions, one submitted through a joint effort of 17 people at Kajima led by architect Shinichi Okada was chosen. Construction began in 1971 and concluded in 1974. The new and now current Supreme Court building

1162-614: A preamble, and a heated argument ensued. Finally, adjustments were made by the Japanese government and GHQ, and the draft was completed on 6 March. On 6 March 1946, the government publicly disclosed an outline of the pending Constitution. On 10 April, elections were held for the House of Representatives of the Ninetieth Imperial Diet, which would consider the proposed Constitution. The election law having been changed, this

1245-648: A regular Conference of the Justices in the Supreme Court and implemented by the Administration Bureau of the Supreme Court. The Chief Justice of the Supreme Court, through the office of the General Secretariat, also has extensive control over judicial personnel, including judges. This includes the ability to determine posts of judges, which has a significant impact on their careers and advancement opportunities. The Supreme Court also oversees

1328-606: A replacement lawmaker (German: Ersatzgesetzgeber) because it has overturned controversial policies numerous times, such as the Luftsicherheitsgesetz , the Mietendeckel  [ de ] (rent cap) of Berlin, and parts of the Ostpolitik . This behavior has been interpreted as a hindrance to the normal functioning of the parliament. Another criticism of the federal constitutional court issued by

1411-415: A touching-up of the Meiji Constitution". MacArthur rejected them outright and ordered his staff to draft a completely new document. An additional reason for this was that on 24 January 1946, Prime Minister Shidehara had suggested to MacArthur that the new Constitution should contain an article renouncing war. As the momentum for constitutional amendment increased, interest in the constitution increased among

1494-482: A university, as public servants or as a lawyer. After ending their term, most judges withdraw themselves from public life. However, there are some prominent exceptions, most notably Roman Herzog , who was elected President of Germany in 1994, shortly before the end of his term as president of the court. The court's head is the president of the Federal Constitutional Court, who chairs one of

1577-404: Is a remarkable deviation from German judicial tradition. One of the two senate chairs is also the president of the court, the other one being the vice president. The presidency alternates between the two senates, i.e. the successor of a president is always chosen from the other senate. The 10th and current president of the court is Stephan Harbarth . The Constitutional Court actively administers

1660-539: Is a violation of the Constitution. Article 9. 1)    Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. 2)   In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of

1743-697: Is located at 4-2 Hayabusa-cho, Chiyoda, Tokyo. It is of steel-reinforced concrete construction, and makes ample use of Japanese white granite, just as the previous Supreme Court building did. There are five floors above ground and two floors below ground. The current justices are: Constitution of Japan Naruhito [REDACTED] Fumihito [REDACTED] Shigeru Ishiba ( LDP ) Second Ishiba Cabinet ( LDP – Komeito coalition ) [REDACTED] [REDACTED] Fukushiro Nukaga Kōichirō Genba [REDACTED] Masakazu Sekiguchi Hiroyuki Nagahama Saburo Tokura Kazuo Ueda The Constitution of Japan

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1826-511: Is that the membership of the Supreme Court is influenced by the political dominance of the LDP , and therefore is less likely to challenge legislation produced by aligned politicians in the National Diet . There could also be the desire to maintain good relationships with judges in the Ministry of Justice or other departments. Another critical view is that the court functions like a bureaucracy, with

1909-492: Is the supreme law of Japan . Written primarily by American civilian officials during the occupation of Japan after World War II , it was adopted on 3 November 1946 and came into effect on 3 May 1947, succeeding the Meiji Constitution of 1889. The constitution consists of a preamble and 103 articles grouped into 11 chapters. It is based on the principles of popular sovereignty , with the Emperor of Japan as

1992-499: Is the Bundestag itself that elects judges to the court, and this by secret ballot in the plenum. To be selected, candidates must get a two-thirds majority of those present at the vote, and provided that the number of votes in favor constitutes an absolute majority of the total membership of the Bundestag, including those not present at the vote. The Richterwahlausschuss only retains the power to nominate candidates. This new procedure

2075-519: Is the role of the Cabinet Legislation Bureau in the legal ecosystem. The bureau is composed of senior bureaucrats and a minority of judges, some of whom go on to join the Supreme Court. It has the responsibility of thoroughly investigating government legislation to avoid constitutional flaws. Proponents of this view argue that this process prevents the need for the Supreme Court to frequently strike down legislation, as violations of

2158-414: Is to choose the president, has to elect one of the judges of the senate, of which the former president was not a member, with a two-thirds majority. If the office of the vice president falls vacant, a new vice president is elected from the senate, of which the sitting president is not a member, by the legislative body, which has not elected the former vice president. The given legislative body is free to elect

2241-576: The Empire of Japan , propagated during the reign of Emperor Meiji ( r.  1867–1912 ). It provided for a form of mixed constitutional and absolute monarchy , based on the Prussian and British models. In theory, the Emperor of Japan was the supreme leader, and the cabinet, whose prime minister was elected by a privy council , were his followers; in practice, the Emperor was head of state but

2324-570: The Federal Supreme Courts on any violation of federal laws. The court's jurisdiction is focused on constitutional issues and the compliance of all governmental institutions with the constitution. Constitutional amendments or changes passed by the parliament are subject to its judicial review since they have to be compatible with the most basic principles of the Grundgesetz defined by the eternity clause . The Basic Law of

2407-602: The Grundgesetz are not respected). The powers of the Federal Constitutional Court are defined in article 93 of the Grundgesetz . This constitutional norm is set out in a federal law, the Federal Constitutional Court Act (BVerfGG), which also defines how decisions of the court on material conflicts are put into force. The Constitutional Court has therefore several strictly defined procedures in which cases may be brought before it: Up to 2009,

2490-582: The Legal Research and Training Institute , which prospective legal professionals who have passed the National Bar Examination are required to attend to receive practical training. Although the Supreme Court has established the power to strike down legislation that is unconstitutional, it has used this power extremely infrequently. By a simple numerical count, the Supreme Court struck down only eight laws on constitutional grounds over

2573-593: The United Kingdom (Prime Minister Winston Churchill ), and the Republic of China (President Chiang Kai-shek ) issued the Potsdam Declaration . The Declaration demanded Japanese military's unconditional surrender , demilitarisation and democratisation . The declaration defined the major goals of the post-surrender Allied occupation : "The Japanese Government shall remove all obstacles to

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2656-591: The Bundestag delegated this task to a special committee ( Richterwahlausschuss , judges election committee), consisting of a small number of Bundestag members. This procedure had caused some constitutional concern and was considered to be unconstitutional by many scholars. In 2015, the Bundesverfassungsgerichtsgesetz (law code of the Federal Constitutional Court) was changed in this respect. In this new system, it

2739-422: The Constitution of Japan defines the Supreme Court as a court of last resort and allows it to conduct judicial review through "the power to determine the constitutionality of any law, order, regulation or official act". In its first role as a court of last resort, the Supreme Court hears civil, administrative, and criminal cases appealed from lower courts. This responsibility and the inability to apply discretion in

2822-472: The Constitutional Court had struck down more than 600 laws as unconstitutional. The court consists of two senates, each of which has eight members, headed by a senate chairperson. The members of each senate are allocated to three chambers for hearings in constitutional complaint and single regulation control cases. Each chamber consists of three judges, so each senate chair is at the same time

2905-701: The Court made a preliminary announcement on the case, which was to be published in full on 18 March. In its ruling, the Court decided to leave judgment to the Court of Justice of the EU ( CJEU ). In this regard, the ruling of May 5, 2020, deemed an act of the EU and the Weiss Judgment of the Court of Justice "ultra vires", for having exceeded the powers granted by the Member States. The EU decided to initiate infringement proceedings against Germany. In response to

2988-555: The Court stated that the question of whether the ECB 's decision to finance European constituent nations through the purchase of bonds on the secondary markets was ultra vires because it exceeded the limits established by the German act approving the ESM was to be examined. This demonstrates how a citizen's group has the ability to affect the conduct of European institutions. On 7 February 2014,

3071-478: The Federal Republic of Germany stipulates that all three branches of the state (the legislature, executive, and judiciary) are bound directly by the constitution in Article 20, Section 3 of the document. As a result, the court can rule acts of any branches unconstitutional, whether as formal violations ( exceeding powers or violating procedures) or as material conflicts (when the civil rights prescribed in

3154-522: The GHQ dignitaries. It is analyzed that it was reflected in the GHQ proposal. The Constitution was mostly drafted by American authors. A few Japanese scholars reviewed and modified it. Much of the drafting was done by two senior army officers with law degrees: Milo Rowell and Courtney Whitney , although others chosen by MacArthur had a large say in the document. The articles about equality between men and women were written by Beate Sirota . MacArthur gave

3237-454: The GHQ headquarters on 4 October 1945. Although the GHQ later denied this fact, citing a mistake by the Japanese interpreter, diplomatic documents between Japan and the U.S. state that "the Constitution must be amended to fully incorporate liberal elements". "At the meeting, the General told Konoe that the Constitution must be amended". In this regard, it can be said that the GHQ granted Konoe

3320-426: The Japanese to allow a bicameral one, with both houses being elected. In most other important respects, the government adopted the ideas embodied in 13 February document in its own draft proposal of 6 March. These included the constitution's most distinctive features: the symbolic role of the Emperor, the prominence of guarantees of civil and human rights, and the renunciation of war. The constitution followed closely

3403-473: The Meiji Constitution, their drafts included the principle of popular sovereignty, which grants sovereignty to the people and regards the Emperor as a symbol of the people. The Constitutional Study Group submitted a draft to the Prime Minister's Office on 26 December 1945. On 2 January 1946, GHQ issued a statement that it would focus on the content. Toyoharu Konishi states that the GHQ may have included

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3486-650: The Office of the Minister of the Interior was about to be abolished, he decided to submit a proposal for amendment before then. Konoe's proposal reflected the wishes of the GHQ and was very liberal in content, including "limitation of the imperial prerogative," "independent dissolution of the Diet," and "freedom of speech," but it was never finally approved as a draft, and Konoe committed suicide by poisoning himself. After this,

3569-638: The Prime Minister was the actual head of government. Under the Meiji Constitution, the prime minister and his cabinet were not accountable to the elected members of the Imperial Diet , and increasingly deferred to the Imperial Japanese Army in the lead-up to the Second Sino-Japanese War . On 26 July 1945, shortly before the end of World War II , Allied leaders of the United States (President Harry S. Truman ),

3652-584: The Soviet Union, China, Australia and other allies to occupy and control Japan, and its authority was higher than that of GHQ. MacArthur learned that the Far Eastern Commission was interested in constitutional amendment, and thought that constitutional authority could be transferred to the Far Eastern Commission after the commission was established. Therefore, he might be eager to end the constitutional issue with unlimited authority before it

3735-663: The Tokyo District Court building in September of that year. It was intended to occupy the building of the Supreme Court of Judicature , the previous highest court during the Imperial Japan era, but the building was largely destroyed in the war and had to be rebuilt. In October 1949, this reconstruction was completed and the Supreme Court of Japan would use the building for twenty-five years. In 1964,

3818-489: The aim of the preceding paragraph," was added to paragraph 2 by Hitoshi Ashida without the diet deliberations. Although the reason is not clear, this addition has led to the interpretation of the Constitution as allowing the retention of force when factors other than the purpose of the preceding paragraph arise. Even now, there is a great debate over whether force for self-defense, such as the Self Defense Forces,

3901-408: The appeals it hears results in civil and criminal appeals being a significant majority of its caseload. In its second role, the Supreme Court can exercise its power of judicial review when a concrete legal dispute involving a violation or misinterpretation of the constitution is appealed. The Supreme Court also manages the operation, budget, and personnel of all of Japan's courts. Decisions are made by

3984-410: The authority to amend the Constitution was completely transferred to Shidehara's cabinet. In late 1945, Shidehara appointed Jōji Matsumoto , state minister without portfolio, head of a blue-ribbon committee of Constitutional scholars to suggest revisions. The Matsumoto Committee was composed of the authorities of the Japanese law academia, including Tatsuki Minobe (美濃部達吉), and the first general meeting

4067-791: The authority to amend the Constitution. However, at this point, the Higashikuninomiya Cabinet was succeeded by the Shidehara Cabinet, and Jōji Matsumoto, the then Minister of State, stated that the Cabinet should be the only one to amend the Constitution, and the Constitutional Problems Investigation Committee was established. In other words, there was a conflict between the Konoe and Shidehara cabinets as to who should take

4150-584: The authors less than a week to complete the draft, which was presented to surprised Japanese officials on 13 February 1946. MacArthur initially had a policy of not interfering with the revision of the Constitution, but from around January 1946, he made a statement to the Constitutional Draft Outline of the Constitutional Study Group and activated movements related to the Constitution. There are various theories as to

4233-472: The beginning of the post- World War II republic, the court has been located in the city of Karlsruhe , which is also the seat of the Federal Court of Justice . The main task of the Federal Constitutional Court is judicial review , and it may declare legislation unconstitutional , thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet

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4316-778: The conditions of the Potsdam Declaration, which necessitates amendments to its Constitution after the surrender. The wording of the Potsdam Declaration—"The Japanese Government shall remove all obstacles ..."—and the initial post-surrender measures taken by MacArthur , suggest that neither he nor his superiors in Washington intended to impose a new political system on Japan unilaterally. Instead, they wished to encourage Japan's new leaders to initiate democratic reforms on their own. But by early 1946, MacArthur's staff and Japanese officials were at odds over

4399-488: The constitution are removed during the legislative phase. The composition of the Supreme Court is defined by the 1947 Judiciary Act. The Supreme Court is composed of a Chief Justice and 14 other Justices. These Justices are divided into three Petty Benches of five, which adjudicate most appeals. Questions of constitutional interpretation are adjudicated by the Grand Bench of all 15 Justices, of which nine are needed for

4482-523: The court be allocated to different legal professions: career judges, private attorneys, prosecutors, academics and bureaucrats. The numbers for each group have been subject to some variation, but overall have been remarkably stable since the court's inception. The modern Supreme Court was first convened in May 1947 in the former Privy Council quarters of the Tokyo Imperial Palace . It moved to

4565-404: The court possesses a number of additional powers and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts , the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning constitutional or public international law), and does not serve as a regular appellate court from lower courts or

4648-467: The emperor with supreme political power, under the 1946 constitution his role in the system of constitutional monarchy is reduced to "the symbol of the State and of the unity of the people", and he exercises only a ceremonial role under popular sovereignty. Article 9 of the constitution renounces Japan's right to wage war and to maintain military forces. Despite this, it retains a de facto military in

4731-526: The federal government and (most controversially) ban non-democratic political parties. The Constitutional Court enjoys more public trust than the federal or state parliaments, which possibly derives from the German enthusiasm for the rule of law. The court's judges are elected by the Bundestag (the German parliament) and the Bundesrat (a legislative body that represents the sixteen state governments on

4814-525: The federal level). According to the Basic Law , each of these bodies selects four members of each senate. The election of a judge requires a two-thirds vote (but this supermajority requirement is not constitutionally mandated by the Basic Law, only by normal law ). The selection of the chairperson of each senate alternates between Bundestag and Bundesrat and also requires a two-thirds vote. Up until 2015,

4897-438: The first general election after their appointment. A judge is removed from office if a majority votes against them, but this has never happened. A public review is stipulated to occur every ten years after appointment, but since Justices are generally appointed at age 60 or older and must retire at age 70 , there are effectively no second reviews. Particular to the Supreme Court of Japan is the uncodified custom of having seats of

4980-552: The form of the Self-Defense Forces and hosts a substantial U.S. military presence . Amendments to the constitution require a two-thirds vote in both houses of the National Diet and approval in a referendum , and despite the efforts of conservative and nationalist forces to revise Article 9 in particular, it remains the world's oldest un-amended constitution. The Meiji Constitution was the fundamental law of

5063-544: The former president of the Federal Intelligence Service , August Hanning, is that the court tends to overprotect people, according to him, even members of ISIS . He considers that to hinder the efficiency of German intelligence agencies in favour of protecting people in far-away countries. Finally, numerous decisions have been criticised and sparked demonstrations. 1 BvR 2656/18, 1 BvR 78/20, 1 BvR 96/20, 1 BvR 288/20 On 12 September 2012,

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5146-574: The freely expressed will of the Japanese people a peacefully inclined and responsible government" (Section 12). The Allies sought not merely punishment or reparations from a militaristic foe, but fundamental changes in the nature of its political system. In the words of a political scientist Robert E. Ward : "The occupation was perhaps the single most exhaustively planned operation of massive and externally directed political change in world history." The Japanese government, Prime Minister Kantarō Suzuki 's administration and Emperor Hirohito accepted

5229-403: The initiative in constitutional amendment. However, this conflict ended with Konoe being nominated as a candidate for Class A war criminal due to domestic and international criticism. To begin with, Konoe was able to have the initiative to amend the Constitution because he had been assigned full-time by the GHQ to amend the constitution, although he was not an unappointed minister when the cabinet

5312-469: The judge it prefers, but with respect to the position of president, it has been always the sitting vice president, who was elected president, since 1983. The president of the Federal Constitutional Court ranks fifth in the German order of precedence , as the highest-ranking representative of the judicial branch of government. The court has been subject to criticism. One complaint is the perceived function as

5395-400: The law and ensures that political and bureaucratic decisions comply with the rights of the individual enshrined in the Basic Law. Specifically, it can vet the democratic and constitutional legitimacy of bills proposed by federal or state government, scrutinise decisions (such as those relating to taxation) by the administration, arbitrate disputes over the implementation of law between states and

5478-444: The most fundamental issue, the writing of a new Constitution. Emperor Hirohito , Prime Minister Kijūrō Shidehara , and most of the cabinet members were extremely reluctant to take the drastic step of replacing the 1889 Meiji Constitution with a more liberal document. Former prime minister Fumimaro Konoe , Shidehara Cabinet and the civil constitutional study groups formed original constitutions. The formal draft constitution, which

5561-489: The opinion of the Constitutional Study Group in the draft, reflecting the situation in the United States, where people disregarded popular sovereignty at that time. Also, regarding the symbolic emperor system, since the members of the Constitutional Study Group came into contact with the GHQ dignitaries earlier than the drafting of the guidelines, the Constitutional Study Group proposed the symbolic emperor system through

5644-506: The people. In fact, not only political parties but also private organizations have announced draft constitutional amendments. The most famous of these is the outline of the draft constitution by the Constitution Study Group. The Constitutional Study Group was established on 29 October 1945 to study and prepare for the establishment of the Constitution from a leftist approach. While many political party drafts only added to

5727-401: The ratified wording in Article 81 states that the court possesses the power of judicial review , a part of the court's early history involved clarifying the extent of this power. In 1948, the court declared that the constitution meant to establish the type of judicial review that was practiced in the United States . In 1952, the power, as the Court held, was clarified to apply only in cases with

5810-632: The reason. Kenzo Yanagi mentioned the memorandum of Courtney Whitney, who was the director of the Civil Affairs Bureau of the General Headquarters, on 1 February 1946 as a reason for the attitude change. In the memorandum, it is mentioned that the Far Eastern Commission was about to be established. The Far Eastern Commission is the supreme policy-making body established by the United States, Great Britain,

5893-405: The revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech , of religion , and of thought , as well as respect for the fundamental human rights shall be established" (Section 10). In addition, "The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with

5976-499: The senate as a whole. Similarly, a senate may not overrule a standing precedent of the other senate, and such issues will be submitted to a plenary meeting of all 16 judges (the Plenum). Unlike all other German courts, the court often publishes the vote count on its decisions (though only the final tally, not every judge's personal vote) and even allows its members to issue a dissenting opinion . This possibility, introduced only in 1971,

6059-455: The state will not be recognized. Unlike most previous Japanese legal documents, the constitution is written in modern colloquial Japanese instead of Classical Japanese . The Japanese version includes some awkward phrasing and scholars sometimes consult the English drafts to resolve ambiguities. The MacArthur draft, which proposed a unicameral legislature, was changed at the insistence of

6142-614: The subordination of the Supreme Commander of the Allied Powers". Koseki interprets this statement as the GHQ's indirect rule through the Emperor and the Japanese government, rather than direct rule over the Japanese people. In other words, GHQ regarded the Emperor Hirohito not as a war criminal parallel to Hitler and Mussolini but as one governance mechanism. The Japanese government at the end of World War II

6225-577: The symbol of the state; pacifism and the renunciation of war; and individual rights . Upon the surrender of Japan at the end of the war in 1945, Japan was occupied and U.S. General Douglas MacArthur , the Supreme Commander for the Allied Powers , directed prime minister Kijūrō Shidehara to draft a new constitution. Shidehara created a committee of Japanese scholars for the task, but MacArthur reversed course in February 1946 and presented

6308-407: The two senates and joint sessions of the court, while the other senate is chaired by the vice president of Federal Constitutional Court. The right to elect the president and the vice president alternates between the Bundestag and the Bundesrat . If the president of the Federal Constitutional Court leaves office, i.e. when his or her term as judge at the court ends, the legislative body, whose turn it

6391-495: Was applied for the first time in September 2017, when Josef Christ was elected to the first senate as the successor of Wilhelm Schluckebier . In the Bundesrat, a chamber in which the governments of the sixteen German states are represented (each state has 3 to 6 votes depending on its population, which it has to cast en bloc ), a candidate currently needs at least 46 of 69 possible votes. The judges are in principle elected for

6474-485: Was changed. However, due to domestic and foreign criticism of Konoe, the GHQ announced on 1 November that Konoe had not been appointed to amend the Constitution and that he had no authority to lead the amendment of the constitution since the cabinet had changed. At that time, Konoe belonged to the Office of the Minister of the Interior, which was in charge of politics related to the Imperial Household, but since

6557-493: Was created by the Shidehara Cabinet, was rejected by GHQ and the government reviewed the revised drafts by various political parties and accepted liberal ways of thinking especially toward the emperor as the symbol of nationals and dispossession of a military power. After World War II, the Allied Powers concluded an "Instrument of Surrender" with Japan, which stated that "the Emperor and the Government of Japan shall come under

6640-527: Was founded. On 18 February, the Japanese government called on the GHQ to reconsider the MacArthur Draft, which is significantly different from the Matsumoto Draft, but Whitney rejected the proposal on 20 February. On the contrary, he asked the Japanese government for a reply within 48 hours. Then, Prime Minister Shidehara met with MacArthur on 21 February and decided to accept the MacArthur draft by

6723-576: Was held on 27 October 1945. Jōji Matsumoto presented the following four principles of constitutional amendment to the Budget Committee of the House of Representatives in 1945. Four principles of constitutional amendment The Matsumoto Committee has prepared a constitutional amendment outline based on these principles. The Matsumoto Commission's recommendations ( ja:松本試案 ), made public in February 1946, were quite conservative as "no more than

6806-494: Was organized by Higashikuni Cabinet (Prime Minister Prince Naruhiko Higashikuni ), with Fumimaro Konoe , who had served as the prime minister during the Manchurian Incident in 1931, as a minister without portfolio. The trigger of constitutional amendment was from GHQ General MacArthur's word to Fumimaro Konoe. After an unsuccessful first visit on 13 September 1945, Fumimaro Konoe paid another visit to MacArthur at

6889-651: Was the first general election in Japan in which women were permitted to vote . In the process of passing through the House of Representatives in August 1946, the draft of the Constitutional Amendment was modified. This is called the Ashida Amendment, since the chairman of the committee at the time was Hitoshi Ashida. In particular, Article 9, which refers to the renunciation of armed forces, was controversial. The phrase "In order to accomplish

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