Imperial Household Law

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Jump to:navigation, search The Imperial Household Law of 1947 ( Kshitsu Tempan?) is a statute in Japanese law that governs the line of imperial succession, the membership of the imperial family, and several other matters pertaining to the administration of the Imperial Household.

Contents
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1 Passage of the Law 2 Drafting and intent 3 See also 4 References 5 External links

[edit] Passage of the Law

It was passed during the Shwa era on January 16, 1947, by the last session of the Imperial Diet. This law superseded the Imperial Household Law of 1889, which had enjoyed co-equal status with the Constitution of the Empire of Japan and could only be amended by the emperor. The revised statute is clearly subordinate to the Constitution of Japan, which went into effect on May 3, 1947. It develops Chapter 1: Article 2 of The Constitution of Japan which states: "The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet" [1].

[edit] Drafting and intent

Drafted by the government of Prime Minister Yoshida Shigeru during the American occupation, the 1947 statute sought to bring the legislation governing the Imperial Household into compliance with the American-written Constitution. The law had the effect of dramatically restricting membership in the imperial family to the Emperor Hirohito's immediate family, his widowed mother, and the families of his three brothers. It abolished the collateral lines of the imperial family, the shinnoke and the oke, which had traditionally a pool of potential successors to the throne if the main imperial family failed to produce an heir. The fifty-one members of the eleven cadet branches renounced their Imperial

status; and they were formally removed from the imperial household register and become ordinary citizens on October 14, 1947.[2] The new law retained the principle of agnatic succession enshrined in the 1889 law and the Meiji Constitution. The new law further restricted the succession to legitimate-born sons, grandsons, and male line descendants of an emperor. Previously, an emperor's sons and grandsons born by concubines and their male line descendants could succeed to the throne. Although Imperial chronologies include eight reigning empresses in the course of Japanese history, their successors were most often selected from amongst the males of the paternal Imperial bloodline, which is why some conservative scholars argue that the women's reigns were temporary and that maleonly succession tradition must be maintained in the 21st century.[2] Empress Gemmei (661-721), who was followed on the throne by her daughter, Empress Gensh (680-748), remains the sole exception to this conventional argument. In addition, the law contained numerous mechanisms to regulate the future size of the imperial family, and thus the financial burden on the state. The chapters of the Imperial Household Law address the following: 1. The order of succession to the throne; 2. The establishment of a regency should the emperor be a minor or suffer from a serious ailment 3. The membership of the imperial family 4. The composition of the Imperial Household Council 5. The titles and styles held by the emperor and members of the imperial family 6. The marriages of the emperor, the crown prince, and the princes of the blood; and, 7. The rites for imperial funerals, imperial mausoleua, and the maintenance of the imperial family registry. Chapter 1: Article 1 of the Imperial Household Law states: "The Imperial Throne of Japan shall be succeeded to by legitimate male descendants in the male line of Imperial Ancestors".[3] The line of succession is detailed in Article 2 as: 1. 2. 3. 4. 5. 6. 7. The eldest son of the Emperor The eldest son of the Emperor's eldest son Other descendants of the eldest son of the Emperor The second son of the Emperor and his descendants Other descendants of the Emperor Brothers of the Emperor and their descendants Uncles of the Emperor and their descendants.[3]

[edit] See also

Emperor of Japan Imperial House of Japan Japanese imperial succession controversy

Masako, Crown Princess of Japan Princess Akishino

[edit] References
1. ^ The Constitution Of Japan 2. ^ a b "Life in the Cloudy Imperial Fishbowl," Japan Times. March 27, 2007. 3. ^ a b The Imperial Household Law of 1947

[edit] External links

The Constitution of Japan The Imperial Household Law of 1947 Japanese Editorial Excerpts - Japan Policy & Politics, 29 December 2004

Retrieved from "http://en.wikipedia.org/wiki/Imperial_Household_Law" Categories: Japanese monarchy

Japanese succession controversy

From Wikipedia, the free encyclopedia
(Redirected from Japanese imperial succession controversy) Jump to:navigation, search This article may need to be updated. Please update this article to reflect recent events or newly available information, and remove this template when finished. Please see the talk page for more information. The Japanese imperial succession controversy refers to desires to change the laws of succession to the Japanese Imperial Throne, which is currently limited to males of the imperial family.

Contents
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1 Overview 2 Historical background o 2.1 Ruling Empresses in Japanese history o 2.2 Post Meiji-era laws 3 The current situation 4 Timeline of recent events 5 References 6 External links

[edit] Overview
Traditionally, the imperial throne was passed on under custom which resembled the rule of agnatic seniority. Theoretically, any male or female with patrilineal lineage to early Japanese monarchs, who mythically descended in direct male line from the mythical first emperor, Jimmu Tenno, could come to hold the Chrysanthemum throne. In practice, preference was given to firstborn male offspring of a preceding male monarch, followed by his brothers, sons and other males of the immediate male-line family; and ultimately followed by representatives of Shinnoke houses, in other words, male-line relatives, occasionally very distant male cousins. Because there existed no restrictions on remarriage or polygyny in historical Japan, there existed usually a plenitude of male relatives who could take over the throne. However, there are several historical instances of women holding the throne. An empress' offspring does not have claim to the throne from the said maternal lineage, so assigning a female to the throne had the convenient effect of postponing succession disputes. On other occasions, the direct male heir was yet a toddler and unable to perform imperial rituals. In such instance, his mother, aunt or elder sister, if also held

imperial lineage through her patriline, temporarily took over the throne until the child came to puberty, which was deemed perfectly sufficient for a boy's accession. However, after the Meiji restoration, Japan imported the Prussian model of imperial succession, in which imperial females were explicitly excluded from the claim to succession. More significantly, as a part of the effort to westernise and modernise Japan, the Japanese government banned polygamy, which was previously allowed to any family with noble rank (samurai or kuge), particularly if the first wife could not produce male offspring. After WWII, a further restriction was instituted. New rules meant that only the closest relatives of the then emperor Hirohito (children and descendants, siblings and their descendants) could be part of the official imperial family, and have a claim to succession. Because the definition of imperial family is limited to the immediate family of the emperor, when the throne is passed on, brother and sister of previous emperor, as well as their offspring will automatically be excluded from the imperial family and become commoner. It is widely recognized now that the current system, which is an extremely strict form of agnatic primogeniture, is untenable in the long run.[citation needed] In fact, the current emperor, Akihito, has presently only one male grandchild, the imperial Prince Hisahito of Akishino. It is expected that, in the future, a situation could arise when there is no male offspring of the emperor. Controversy exists as to what extent the current rule of succession under the Imperial Household Law of 1947 should be changed. Those on the Right advocate a change, holding the Prussian-style agnatic primogeniture, but bringing back the previously excluded male relatives into the imperial household. Liberals would advocate the adoption of equal primogeniture. Moderates would advocate re-adoption of earlier, indigenous customs of succession, that is, that a female can succeed to the throne as long as she holds precedence in seniority or proximity within the patrilineal kinship. The late Imperial Princess Kikuko, the last surviving Arisugawa-Takamatsu and aunt to the current Emperor, advocated the traditional, customary rights of female princesses to succession, in her media interviews and articles, after the birth of princess Aiko. Adoption of equal primogeniture would permit, as has happened in history, unmarried or widowed female descendants in the male line of the Imperial House to inherit the Chrysanthemum Throne, but would also allow something unprecedented: it would allow married princesses and princesses' children whose fathers are not descendants in the male line of the earlier emperors, to ascend the throne. This scenario would mean that a new dynasty would take over the Chrysanthemum Throne.

[edit] Historical background

[edit] Ruling Empresses in Japanese history
Eight women have served as tenno, i.e. reigning empresses, during the recorded history of Japan on ten occasions. Two of those empresses have, after abdicating, reascended the throne under different names. The last time Japan had a reigning Empress was in 1771, when Empress Toshiko "Go-Sakuramachi" abdicated in favor of her nephew, Emperor Go-Momozono. The ruling empresses have been:

Empress Suiko ( Suiko Tenn) was the 33rd emperor of Japan from 593 until 628, according to the traditional order of succession, and the first historically attested woman to hold this position. She was the granddaughter of Tashiraga of Yamato, herself sister of the childless Emperor Buretsu, transferring some legitimacy in succession to the throne of Great Yamato to her husband Emperor Keitai. Tashiraga's mother had been Kasuga of Yamato, sister of the childless Emperor Seinei, whose own marriage with the future Emperor Ninken had had a similar effect a generation earlier. According to legends, these ladies descended from the mythical Jingo Kogo, who had been ruler (since Meiji-era rewrites of history, Regent) of Yamato for decades at some time in the past, probably in the mid-300s (if she really existed), and who herself descended, according to myths, from Amaterasu omikami, the Sun Goddess of the Japanese pantheon. Takara, Empress Kogyoku ( Kgyoku Tenn), also Empress Saimei ( Saimei Tenn) was the 35th and 37th emperor of Japan, initially from February 18, 642 to July 12, 645, ascending upon the death of her uncle (who also had been her second husband). When she abdicated, her own younger brother succeeded her. However, upon the death of the said younger brother, she reascended the throne as Empress Saimei on February 14, 655, and ruled until her death on August 24, 661. Empress Jito ( Jit Tenn) was the 41st imperial ruler of Japan, and ruled from 686 until 697. Empress Gemmei (also Empress Genmy; Genmei Tenn) was the 43rd imperial ruler of Japan ruling from 661 715 (d. December 7, 721). Empress Gensho was the 44th monarch of Japan (715-724). Empress Koken ( Kken Tenn) also Empress Shtoku ( Shtoku Tenn) was the 46th imperial ruler of Japan from 749 to 758, and the 48th from 764 to 770. Her posthumous name for her second reign (764-770) was Empress Shotoku. Okiko, Empress Meish ( Meish Tenn) was the 109th emperor of Japan, reigning from December 22, 1629, to November 14, 1643. She ascended upon the abdication of her father, being the eldest surviving child, holding priority over her younger brothers. Toshiko, Empress Go-Sakuramachi ( Go-Sakuramachi Tenn) was the 117th emperor of Japan, and ruled from September 15, 1762, to January 9, 1771. She abdicated in favor of her young nephew. Surviving over forty years, the retired Empress held all those decades the position of Dajo Tenno, and acted as sort of guardian of subsequent emperors.

[edit] Post Meiji-era laws

(See Emperor of Japan: Succession) Women were barred from the throne for the first time in 1889 by a Prussian-influenced constitution during the 19th century Meiji Restoration. This prohibition was continued by the Imperial Household Law of 1947, enacted under Japan's post-World War II constitution during the American occupation. More importantly, as a part of reforming Japan, Japan introduced a ban on polygyny and the Meiji Emperor was the last to have an official secondary consort. The 1947 law further restricts the succession to legitimate male descendants in the male line of Meiji only (excluding other male lines of the imperial dynasty, such as Fushimi, Higashikuni, Kitashirakawa, etc.), and specifically bars the emperor and other members of the imperial family from adopting children. During the recent controversy over the succession, commentators suggested that the current system could not possibly function in the long term as it is unlikely that there will always be a male prince to succeed to the throne.

[edit] The current situation

See also: Imperial Household of Japan#Current order of succession Crown Prince Naruhito and Crown Princess Masako have one child, HIH Princess Aiko (her official appellation is Toshi no Miya, or Princess Toshi), born on December 1, 2001. The child's birth, which occurred more than eight years after her parents' marriage and after the Crown Princess had considerable (and widely noted) difficulty in conceiving a child, has sparked a lively debate in Japan about imperial succession. To add to this dearth of male heirs, Crown Prince Naruhito's brother, Prince Akishino, had two daughters, and the two other collateral members of the Imperial Family, Prince Tomohito of Mikasa and the late Prince Takamado, also had daughters. No male heir had been born into the Imperial Family in nearly 41 years. In the early 2000s, the succession controversy was emerged as a political issue. The Asahi Shimbun published an editorial in May 2006[1] suggesting that the current system was unsustainable. In an Asahi Shimbun's survey in March 2006, 82% of the citizen support the revision of the Imperial House Law and to allow a woman to ascend to the Imperial Throne.[2] Then Prime Minister Junichiro Koizumi also strongly support the revision and pledged to present the bill to the 2006 session of the parliament.[3] Some conservative lawmakers opposed Koizumi and stated the debate was premature. The current emperor's cousin, HIH Prince Tomohito of Mikasa also opposed to say that the official male members of the Japanese imperial family might take up concubines in order to produce male members because it was previously possible for a male illegitimate child to assume the imperial throne. Later he said that this remark was just a joke.[4] Prince Akishino's wife, Princess Kiko, gave birth to a baby boy in September, 2006. The child, Prince Hisahito, is now third in line to the Imperial Throne. Following the birth of Prince Hisahito in September 2006, the political debate surrounding the succession issue has abated. Koizumi retracted his bill and the survey of the public opinion also decreased to 68%.[2]

[edit] Timeline of recent events

On January 24, 2005, the Japanese government announced that it would consider allowing the Crown Prince and Princess to adopt a male child, in order to avoid a possible "heir crisis." Adoption from other male-line branches of the Imperial Line is an age-old imperial Japanese tradition for dynastic purposes, prohibited only in modern times by Western influence. The child would presumably be adopted from one of the former imperial branches which lost imperial status after World War II. However, a government-appointed panel of experts submitted a report on October 25, 2005, recommending that the imperial succession law be amended to permit equal primogeniture. In November, 2005, it was reported [5] that Emperor Akihito's cousin Prince Tomohito of Mikasa had objected to the reversal of the male-only succession, in a column of the magazine of the welfare association which he serves as president. Prince Tomohito had suggested four options to continue the male-only line succession there; the fourth was permitting the Emperor or Crown Prince to take a concubine, which was allowed by the former law of imperial succession. On January 20, 2006, Prime Minister Junichiro Koizumi used part of his annual keynote speech to address the controversy when he pledged to submit a bill to the Japanese Diet letting women ascend to the throne so that imperial succession may be continued into the future in a stable manner. Koizumi did not announce any particular timing for the legislation to be introduced, nor did he provide details about its content, but said that it would be in line with the conclusions of the 2005 government panel.[6] On February 1, 2006, former trade minister Takeo Hiranuma caused a controversy by arguing against the proposed reform bill because Princess Aiko might marry a foreigner in the future.[7] On February 6, 2006, it was announced that Prince Akishino's wife Princess Kiko was pregnant, and would be due in September. On September 6, 2006, Princess Kiko delivered a baby boy, later named Prince Hisahito. According to the current succession law, he is third in line to the throne, but Princess Aiko, who now holds no right to succession, would have precedence over him as well as over her uncle if the law is changed.[8] On January 3, 2007, Prime Minister Shinzo Abe announced that he would drop the proposal to alter the Imperial Household Law.[9] In September 2007, Abe's successor Yasuo Fukuda stated he was in favour of reforming the Imperial Household Law to allow female succession.[10]

[edit] References

1. ^ http://www.asahi.com/english/Herald-asahi/TKY200605050077.html 2. ^ a b 68%2009322 3. ^ Japan Koizumi gives up on female royal sccession 4. ^ Onishi, Norimitsu (October 20, 2007). "A Font of Commentary Amid Japan's Taciturn Royals". The New York Times. http://www.nytimes.com/2007/10/20/world/asia/20tomohito.html?_r=2&pagewanted=1. Retrieved May 5, 2010. 5. ^ McCurry, Justin (November 4, 2005). "Bring back concubines, urges emperor's cousin". The Guardian (London). http://www.guardian.co.uk/japan/story/0,7369,1627427,00.html. Retrieved May 5, 2010. 6. ^ "Japan bill to let women on throne". BBC News. January 20, 2006. http://news.bbc.co.uk/1/hi/world/asia-pacific/4630464.stm. Retrieved May 5, 2010. 7. ^ "Rally against Japan royals change". BBC News. February 1, 2006. http://news.bbc.co.uk/1/hi/world/asia-pacific/4669408.stm. Retrieved May 5, 2010. 8. ^ http://www.theaustralian.news.com.au/common/story_page/0,5744,18078161%255E270 3,00.html 9. ^ http://news.yahoo.com/s/ap/20070103/ap_on_re_as/japan_imperial_succession 10. ^ http://www.iht.com/articles/ap/2007/09/21/asia/AS-GEN-Japan-Politics.php

[edit] External links

http://www.cnn.com/2006/WORLD/asiapcf/09/05/japan.princess/index.html http://www.time.com/time/world/article/0,8599,1531895,00.html?cnn=yes http://news.bbc.co.uk/2/hi/asia-pacific/5320224.stm Japanese Monarchy: Past and Present: Will an empress save the Japanese monarchy?

Retrieved from "http://en.wikipedia.org/wiki/Japanese_succession_controversy" Categories: Japanese monarchy | Political controversies