Documents with Commentaries Part 2 Creation of Various Proposals to Reform the Constitution
After Japan's defeat by the Allied Powers, the Japan Communist Party, which had been outlawed, was reestablished. The other proletarian parties, which had been established before the war, except for the Communist Party, banded together to form the Japan Socialist Party. Opposing this, the conservatives formed themselves into two parties one after another; one was the Japan Liberal Party which consisted of members unaffiliated with the former Imperial Rule Assistance Association, and the other was the Japan Progressive Party which attracted a large majority in the former All Japan Political Association. As each of these parties on the left and the right got well organized, announcements of independent constitutional reform proposals came out in quick succession.
The Communist Party's "Essentials of the New Constitution" was ratified at the Nationwide Convention on November 8, 1945. The document that was ratified at that time had one article more than the one presented here. On June 29 of the following year, the draft constitution was written up and announced. It featured the elimination of the Emperor system and the establishment of a republic based on fundamental socialistic principles securing the rights of life and liberty.
The Liberal Party created its "Outline of Constitutional Reforms" in a Special Constitutional Investigation Committee guided by Kiyoshi Asai, a professor at Keio University, and Tokujiro Kanamori. It was ratified on January 21, 1946 at a general party meeting. And at a meeting of the Executive Council on February 14, the Progressive Party ratified its "Outline of Constitutional Reforms." Both parties' proposals were conservative and maintained the general framework of the Meiji Constitution, which rejected the formation of a republic and held the sovereignty of the Emperor, though they did have articles eliminating or limiting the Emperor's prerogative, as well as expanded human rights.
For its part, the Socialist Party announced its "Outline of Constitutional Reforms" on February 23 (the document featured here is dated February 24). Tatsuo Morito and Iwasaburo Takano who were also involved in creating the proposal produced by the non-governmental Constitution Investigation Association, drafted this proposal, which was strongly influenced by compromises between the left and right wings within the party. This proposal was notable for including the "Supremacy of the State" along with the division of sovereignty, assigning the greater portion to the Diet while also relegating a portion to the Emperor. This was done along with giving the Diet expanded powers and protecting the people's right to life and eliminating the death penalty.
The three documents presented here, except for the Communist Party's proposal, are just a portion of the reference material given to the Constitutional Problems Investigation Committee.
| Actual Title of Source | Nihon Kyosanto no Shin Kenpo no Kosshi |
|---|---|
| Date | November 11, 1945 |
| Document Number | Sato Tatsuo Papers: 26 |
| Repository (reproduction) | |
| Repository | National Diet Library |
| Note | These materials were not presented to the Constitutional Problems Investigation Committee, but are considered to be prepared at a later date as a part of some materials related to the enactment of the Constitution. |
| Actual Title of Source | Jiyuto, Kenpo Kaisei Yoko |
|---|---|
| Date | January 21, 1946 |
| Document Number | Irie Toshio Papers: 9 |
| Repository (reproduction) | |
| Repository | National Diet Library |
| Note |
| Actual Title of Source | Shinpoto, Kenpo Kaisei Yoko |
|---|---|
| Date | February 14, 1946 |
| Document Number | Irie Toshio Papers: 11 |
| Repository (reproduction) | |
| Repository | National Diet Library |
| Note |
| Actual Title of Source | Shakaito, Kenpo Kaisei Yoko |
|---|---|
| Date | Announced February 24, 1946 |
| Document Number | Irie Toshio Papers: 11 |
| Repository (reproduction) | |
| Repository | National Diet Library |
| Note |
| Actual Title of Source | Nihon Kyosanto no Nihon Jinmin Kyowakoku Kenpo (Soan) |
|---|---|
| Date | Announced June 29, 1946 |
| Document Number | Constitutional Investigation Association Materials from Nishizawa Tetsushiro Collection: 42 |
| Repository (reproduction) | |
| Repository | National Diet Library |
| Note | The materials presented here were reprinted and published again in 1957 as part of the Constitutional Investigation Association materials. |
