Documents with Commentaries Part 5 Enactment of the Constitution of Japan
On July 3, 1946, the Yoshida Cabinet formed the Temporary Committee for the Investigation of Legal Systems as an advisory board to investigate changes to various laws brought on by the reform of the Constitution. The chairman was Prime Minister Shigeru Yoshida, the vice chairman was Minister of State Tokujiro Kanamori, and the members of the committee were appointed from the civil services and academia. Their first meeting was held on July 11, during which the committee was divided into four groups. These groups were Group 1 (concerning the Imperial House and Cabinet), Group 2 (concerning the Diet), Group 3 (concerning the courts), and Group 4 (concerning the budget and other matters). Subcommittees in each group started investigating the principles of various laws, and prepared mid-term reports, which were presented at the second meeting on August 21 and 22. Further studies were done on the mid-term reports, and a vote was held at the third general meeting on October 22 to 24, and their reports were submitted on October 26. There were 19 proposals, including Bills to Revise the Imperial House Law, the Diet Law, and the Court Organization Law.
The Ministry of Justice and related ministries, while meeting with GHQ, quickly drafted these major laws so that they could be ratified before the enactment of the new Constitution on May 3 of the following year. However, amendments to the Civil Code, the Code of Civil Procedure, and the Code of Criminal Procedure were not completed in time for the enactment of the new Constitution. Because of this, they were amended with temporary measures to avoid violating the principles of the newly enacted Constitution of Japan.
| Actual Title of Source | "Rinji Hosei Chosakai Un'ei Keika Gaikyo," "Rinji Hosei Chosakai Iin, Kanji," "Rinji Hosei Chosakai Iin no Buzoku Oyobi Shoiinkai Shozokuhyo," "Rinji Hosei Chosakai Jimu Shinko Yotei," "Rinji Hosei Chosakai Kansei," "Rinji Hosei Chosakai Giji Kisoku (An)," "Shimon Dai-ichigo," "Rinji Hosei Chosakai Bukai Kitei (An)," "Shuyo Horitsuan Yoko Ritsuan Buntan Yotei," "Kenpo wo Shiko Suru Tame ni Seitei Matawa Kaihai wo Hitsuyo to Suru Horitsuan no Kenmei Gairyaku," "Rinji Hosei Chosakai Jimu Shinko Yotei" |
|---|---|
| Date | [July to August 1946] |
| Document Number | Irie Toshio Papers: 68 |
| Repository (reproduction) | |
| Repository | National Diet Library |
| Note |
| Actual Title of Source | Rinji Hosei Chosakai Gisekizu |
|---|---|
| Date | [October 1946] |
| Document Number | Irie Toshio Papers: 72 |
| Repository (reproduction) | |
| Repository | National Diet Library |
| Note |
| Actual Title of Source | Rinji Hosei Chosakai ni Okeru Shimon Dai-ichigo "Kenpo no Kaisei ni Tomonai, Seitei Matawa Kaisei wo Hitsuyo to Suru Shuyona Horitsu ni Tsuite, Sono Hoan no Yoko wo Shimesaretai." ni Taisuru Toshinsho |
|---|---|
| Date | October 26, 1946 |
| Document Number | Irie Toshio Papers: 69 |
| Repository (reproduction) | |
| Repository | National Diet Library |
| Note |
