Constitution

The Constitution of the Empire of Japan (Kyūjitai: 大日本帝國憲法; Shinjitai: 大日本帝国憲法, romanized: Dai-Nippon Teikoku Kenpō), known informally as the Meiji Constitution (明治憲法, Meiji Kenpō), was the constitution of the Empire of Japan which was proclaimed on February 11, 1889, and remained in force between November 29, 1890, until May 2, 1947. Enacted after the Meiji Restoration in 1868, it provided for a form of mixed constitutional and absolute monarchy, based jointly on the German and British models. In theory, the Emperor of Japan governed the empire with the advice of his ministers; in practice, the Emperor was head of state but the Prime Minister was the actual head of government. Under the Meiji Constitution, the Prime Minister and his Cabinet were not necessarily chosen from the elected members of parliament.

During the Allied occupation of Japan, the Meiji Constitution was replaced with the "Postwar Constitution" on November 3, 1946; the latter document has been in force since May 3, 1947. In order to maintain legal continuity, the Postwar Constitution was enacted as an amendment to the Meiji Constitution.

A federation (also called a federal state) is an entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government (federalism). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body without constitutional amendment.

Sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs.

Liberal democracy, also called Western-style democracy, or substantive democracy, is a form of government that combines the organization of a democracy with ideas of liberal political philosophy. Common elements within a liberal democracy are: elections between or among multiple distinct political parties; a separation of powers into different branches of government; the rule of law in everyday life as part of an open society; a market economy with private property; universal suffrage; and the equal protection of human rights, civil rights, civil liberties, and political freedoms for all citizens. Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, the equality of outcome for subgroups in society. Liberal democracy emphasizes the separation of powers, an independent judiciary, and a system of checks and balances between branches of government. Multi-party systems with at least two persistent, viable political parties are characteristic of liberal democracies.

Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. To define the system in practice, liberal democracies often draw upon a constitution, either codified or uncodified, to delineate the powers of government and enshrine the social contract. A liberal democracy may take various and mixed constitutional forms: it may be a constitutional monarchy or a republic. It may have a parliamentary system, presidential system, or semi-presidential system. Liberal democracies are contrasted with illiberal democracies and dictatorships. Some liberal democracies, especially those with large populations, use federalism (also known as vertical separation of powers) in order to prevent abuse and increase public input by dividing governing powers between municipal, provincial and national governments. The characteristics of liberal democracies are correlated with increased political stability, lower corruption, better management of resources, and better health indicators such as life expectancy and infant mortality.

The Constitution of the Year VIII (French: Constitution de l'an VIII or French: Constitution du 22 frimaire an VIII) was a national constitution of France, adopted on 24 December 1799 (during Year VIII of the French Republican calendar), which established the form of government known as the Consulate. The coup of 18 Brumaire (9 November 1799) had effectively given all power to Napoleon Bonaparte, and in the eyes of some, ended the French Revolution.

After the coup, Napoleon and his allies legitimized his position by crafting a Constitution that would be, in the words of Napoleon, "short and obscure". The constitution tailor-made the position of First Consul to give Napoleon most of the powers of a dictator. It was the first constitution since the 1789 Revolution without a Declaration of Rights.

The Constitution of the Year X (French: Constitution de l'an X) was a national constitution of France adopted during the Year X (10) on 16 Thermidor (4 August) of the French Revolutionary Calendar (1802 in the Gregorian calendar). It amended the Constitution of the Year VIII, revising the Consulate to augment Napoleon Bonaparte's authority by making him First Consul for Life.

Both the Constitution of the Year X and the Constitution of the Year VIII were further amended by the Constitution of the Year XII, which established the First French Empire with Napoleon as Emperor.

The Charter of 1815, signed on 22 April 1815, was the French constitution prepared by Benjamin Constant at the request of Napoleon I when he returned from exile on Elba. Officially named the Additional Act to the Constitutions of the Empire, the document extensively amended (in fact virtually replacing) the previous Napoleonic Constitutions (Constitution of the Year VIII, Constitution of the Year X and Constitution of the Year XII). The Additional Act reframed the Napoleonic constitution into something more along the lines of the Bourbon Restoration's Charter of 1814 of Louis XVIII, while otherwise ignoring the Bourbon charter's existence. It was very liberal in spirit, and gave the French people rights which had previously been unknown to them, such as the right to elect the mayor in communes of less than 5,000 in population. Napoleon treated it as a mere continuation of the previous constitutions, and it therefore took the form of an ordinary legislative act "additional to the constitutions of the Empire".

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.

These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.

A decree is a legal proclamation, usually issued by a head of state, judge, royal figure, or other relevant authorities, according to certain procedures. These procedures are usually defined by the constitution, Legislative laws, or customary laws of a government.