Imperial Household Law
Encyclopedia
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.
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 This law superseded the Imperial Household Law of 1889, which had enjoyed co-equal status with the Constitution of the Empire of Japan and could only be amended by the emperor.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".
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.
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 male-only succession tradition must be maintained in the 21st century. Empress Gemmei
(661-721), who was followed on the throne by her daughter, Empress Genshō
(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:
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". The line of succession is detailed in Article 2 as:
Imperial House of Japan
The , also referred to as the Imperial Family or the Yamato Dynasty, comprises those members of the extended family of the reigning Emperor of Japan who undertake official and public duties. Under the present Constitution of Japan, the emperor is the symbol of the state and unity of the people...
, and several other matters pertaining to the administration of the Imperial Household.
Passage of the Law
It was passed during the ShōwaShowa period
The , or Shōwa era, is the period of Japanese history corresponding to the reign of the Shōwa Emperor, Hirohito, from December 25, 1926 through January 7, 1989.The Shōwa period was longer than the reign of any previous Japanese emperor...
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
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
, 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".
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
Shinnoke
was the collective name for the four cadet branches of the Imperial Household of Japan, which were until 1947 entitled to provide a successor to the Chrysanthemum throne if the main line failed to produce an heir...
and the oke
Oke
The , were branches of the Japanese Imperial Family created from branches of the Fushimi-no-miya house. All but one of the ōke were formed by the descendants of Prince Fushimi Kuniye. The ōke were stripped of their membership in the Imperial Family by the American Occupation Authorities in...
, 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.
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 male-only succession tradition must be maintained in the 21st century. Empress Gemmei
Empress Gemmei
, also known as Empress Genmyō, was the 43rd emperor of Japan, according to the traditional order of succession.Gemmei's reign spanned the years 707 through 715....
(661-721), who was followed on the throne by her daughter, Empress Genshō
Empress Gensho
was the 44th emperor of Japan, according to the traditional order of succession.Genshō's reign spanned the years 715 through 724.In the history of Japan, Genshō was the fifth of eight women to take on the role of empress regnant. The four female monarchs before Genshō were: Suiko, Kōgyoku/Saimei,...
(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:
- The order of succession to the throne;
- The establishment of a regency should the emperor be a minor or suffer from a serious ailment
- The membership of the imperial family
- The composition of the Imperial Household CouncilImperial Household Councilis a ten-member body to approve the statutory matters on the Imperial House of Japan. The Council was established in 1947, when the current Imperial Household Law took effect.- Functions :...
- The titles and styles held by the emperor and members of the imperial family
- The marriages of the emperor, the crown prince, and the princes of the blood; and,
- 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". The line of succession is detailed in Article 2 as:
- The eldest son of the Emperor
- The grandson of the Emperor
- 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.
See also
- Emperor of JapanEmperor of JapanThe Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
- Imperial House of JapanImperial House of JapanThe , also referred to as the Imperial Family or the Yamato Dynasty, comprises those members of the extended family of the reigning Emperor of Japan who undertake official and public duties. Under the present Constitution of Japan, the emperor is the symbol of the state and unity of the people...
- Japanese imperial succession controversyJapanese imperial succession controversyThe Japanese imperial succession controversy refers to desires to change the laws of succession to the Japanese Throne, which is currently limited to males of the Japanese imperial family.- Overview :...
- Masako, Crown Princess of JapanMasako, Crown Princess of Japanis the wife of Crown Prince Naruhito, the first son of the Emperor Akihito and the Empress Michiko, and a member of the Imperial House of Japan through marriage.-Early life and education:...
- Princess AkishinoPrincess Akishino, formerly is the wife of Prince Akishino, the second son of the Emperor Akihito and the Empress Michiko of Japan. The daughter of a university professor, she became the second commoner to marry into the imperial family; her mother-in-law, the Empress, was the first in 1959...
External links
- The Constitution of Japan
- The Imperial Household Law of 1947
- Japanese Editorial Excerpts - Japan Policy & Politics, 29 December 2004