Japan is an island country located in the Pacific Ocean. The population of this country is approx 12,48,40,000 with 3,77,975 square kilometers area. Official language is Japanese, ethnically everyone is Japanese. At least 84% of Japanese citizens believe in the Shinto religion.
After the end of World War II in 1945, the Constitution of Japan was enacted, which came into effect in 1947. The US Army is the author of Japan's constitution. As a defeated power, Japan had no choice. The US military is behind the drafting of the constitutions of at least two countries in the world. One is Japan, the other is Iraq. Iraq's current constitution was adopted after the fall of Saddam Hussein. Both are well written and thoughtful. Since the Japanese constitution came into force in 1947, it never needed to be amended to date.
In many countries of the world, the police are able to arrest, torture and extract confessions at will. Article 38 of the Japanese Constitution clearly states, "Confessions obtained under torture or threats are not admissible in court as evidence. No person shall be convicted or punished in cases where the only evidence against him is his own confession." This extraordinary article of the Japanese constitution is one of the most important provisions in the history of the world to protect human rights.
If a citizen is harmed by a government employee, there is an opportunity to file a suit for compensation.
These are positive aspects. Now let's discuss the negative aspects.
Japan has a monarchy. Although it is decorative, it is incongruous in the age of democracy. Japan's parliament can expel any of its members with a two-thirds vote. That is, this article has created an opportunity for the rulers to behave like a dictator, at any time there is an opportunity to use it for political nefarious purposes.
The total number of members of the Japanese parliament is not determined by the constitution, but by common law. That means, there is an opportunity to change it at will by the ruling group from time to time. Even their qualifications will be determined by common law. Constitution should be relatively difficult to change. Its main purpose is that the constitution should not become a puppet of the rulers. So neglecting such fundamentals is dangerous.
Admirable Articles of Japan's Constitution
Article 13
All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.
Article 15 (Part of it)
In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.
Article 16
Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.
Article 17
Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.
Article 20
Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority.
No person shall be compelled to take part in any religious act, celebration, rite or practice.
The State and its organs shall refrain from religious education or any other religious activity.
Article 38
No person shall be compelled to testify against himself.
Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.
No person shall be convicted or punished in cases where the only proof against him is his own confession.
Article 41
The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State.
Article 76
The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.
All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
Facts of Japan's Constitution
Article 1
The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power.
Article 2
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.
Article 43
Both Houses shall consist of elected members, representative of all the people.
The number of the members of each House shall be fixed by law.
Article 44
The qualifications of members of both Houses and their electors shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income.
Article 49
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.
Article 58
Each House shall select its own president and other officials.
Each House shall establish its rules pertaining to meetings,
proceedings and internal discipline, and may punish members for
disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.
