Human rights are rights that humanity has won through its long history. The Constitution of Japan establishes three fundamental principles: popular sovereignty・respect for fundamental human rights・pacifism.
Basic Knowledge
Ideas about human rights emerged in Europe during the 17th and 18th centuries. Locke advocated the right of resistance, while Rousseau advocated the social contract theory and popular sovereignty. Following the English Bill of Rights(1689), the Declaration of Independence of the United States(1776), and the Declaration of the Rights of Man and of the Citizen(1789), the Weimar Constitution(1919) became the first constitution in the world to guarantee social rights.
After World War II, the Universal Declaration of Human Rights(1948) and the International Covenants on Human Rights(1966) were adopted, and human rights came to be guaranteed internationally. The Constitution of Japan was promulgated on November 3, 1946, and came into force on May 3, 1947; it guarantees fundamental human rights centered on its three fundamental principles.
Locke (advocated the social contract theory・right of resistance, author of Two Treatises of Government)
Rousseau (advocated popular sovereignty・the general will, author of The Social Contract)
Montesquieu (advocated separation of powers, author of The Spirit of Laws)
Declaration of the Rights of Man and of the Citizen(1789) (liberty・equality・fraternity, a basic document on human rights)
Weimar Constitution(1919) (the world's first provisions on social rights)
Universal Declaration of Human Rights(1948) (international standards for human rights adopted by the United Nations)
Further Study (Background・Significance)
The three fundamental principles of the Constitution of Japan are interconnected. Popular sovereignty shows that the people are the main actors in politics. Respect for fundamental human rights guarantees the freedom and equality of each person. Pacifism (Article 9) renounces war and aims for international cooperation. Popular sovereignty is declared in the Preamble and Article 1, the permanent and inviolable nature of fundamental human rights in Article 11, and pacifism in Article 9.
Compared with the Constitution of the Empire of Japan (enacted in 1889, an imperial constitution, imperial sovereignty), the Constitution of Japan is a people-given constitution, and the guarantee of human rights has been greatly strengthened.
- Three fundamental principles of the Constitution of Japan＝popular sovereignty・respect for fundamental human rights・pacifism
- Promulgated November 3, 1946, came into force May 3, 1947
- Locke＝right of resistance, Rousseau＝popular sovereignty, Montesquieu＝separation of powers
- Declaration of the Rights of Man and of the Citizen 1789
- Weimar Constitution 1919＝the world's first social rights
- Universal Declaration of Human Rights 1948
- Constitution of the Empire of Japan＝imperial sovereignty・imperial constitution
Points to Note (Easily Confused)
① Do not reverse the dates of promulgation (November 3, 1946) and enforcement (May 3, 1947). ② Distinguish an imperial constitution (established by a monarch) from a people-given constitution (established by the people). ③ Do not confuse the thinkers' ideas: Locke＝basis of civil liberties, Rousseau＝popular sovereignty, Montesquieu＝separation of powers. ④ The three fundamental principles are popular sovereignty・respect for fundamental human rights・pacifism. “The Diet・Cabinet・courts” is a separate concept called separation of powers.
Practice
- Give all three fundamental principles of the Constitution of Japan.
- Which thinker advocated the separation of powers?
- Which constitution was the first in the world to guarantee social rights?