The Japanese Monarchy, 1931-91: Ambassador Grew and the Making of the Symbol Emperor System: Ambassador Grew and the Making of the Symbol Emperor System by Masanori Nakamura

Author:Masanori Nakamura [Nakamura, Masanori]
Language: eng
Format: epub
Tags: Ethnic Studies, Public Policy, Social Services & Welfare, Social Science, Political Science, Regional Studies, General
ISBN: 9781315485911
Google: jccYDQAAQBAJ
Goodreads: 32207147
Publisher: Routledge
Published: 2016-09-16T00:00:00+00:00

Many Japanese constitutional scholars, including Takayanagi et al., have translated Mac Arthur's words in paragraph I to mean "The Emperor is the head of the state." Yet this is not strictly accurate, as it does not make a clear enough contrast with article 4 of the Meiji Constitution, which states that "The Emperor is the head of the Empire, combining in himself the rights of sovereignty, and exercises them according to the provisions of the present Constitution." Mac Arthur's use of the preposition "at" implies that the emperor is at the apex of the state, but not necessarily the "head of state."

Even supposing that MacArthur had intended to mean "the head of the state," his idea would certainly not have been a head of state in the traditional sense, but rather a monarch with no formal power. For MacArthur specifically stated, in the second half of paragraph I, that "His duties and powers will be exercised in accordance with the Constitution and responsive to the basic will of the people as provided therein." Without being aware of this, it is impossible to understand fully the contents of the discussion that followed within the Government Section of GHQ. (Incidentally, my interpretation here is certainly nothing unusual; there are several constitutional experts who have used translations other than "head of state."*)

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