Dmitry K. Granatov
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Development and acceptance of the 1889 Constitution of the Empire of JapanMoscow University Bulletin. Series 11. Law. 2025. № 2. p.253-265
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The article examines the problems of adoption of the Constitution of the Japanese Empire (late 19th century). It analyzes the grounds for choosing the Prussian Constitution of 1850 as a model for the Basic Law of Japan of the Meiji era and mentions the reasons why the constitutions of some other countries were rejected. It describes the circumstances that forced Japanese politicians to begin work on drafting the country’s fundamental law, the first drafts of the Constitution, the contribution of Ito Hirobumi, as an outstanding Japanese political figure, to the development and adoption of the Basic Law of Japan, and the influence of Japanese traditions and customs on determining the status of the Head of State. It shows the main points of the translated from Japanese Natsushima bill prepared by Ito, which served as a basis for the working group drafting the Constitution, and comments on it by the German lawyer Hermann Rosler, to whom Japanese politicians and lawyers often turned for advice in the field of constitutional law. It narrates in details what happened on February 11, 1889. This was the day of holding a ceremony of the adoption of the Constitution, which consisted of religious and secular parts. This day remained firmly in memory of the inhabitants of the Japanese archipelago. The opinions of Japanese scholars are represented regarding the first Japanese Constitution in the European interpretation of this term, based on the Japanese sources. An inference is made about the conservative nature of this law, which was unable to prevent the militarists from coming to power and unleashing wars in the middle and in the late first half of the twentieth century.
Keywords: 1850 Constitution of Prussia, Kokutai doctrine, Natsushima Project, Privy Council, lack of a system of checks and balances.
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