Das japanische Thronfolgerecht

Entstehung und Zukunft des Kaiserlichen Hausgesetzes

Abstract

The Imperial Household Law of 1947 provides for only male members of the imperial family to succeed to the Japanese throne. Simultaneously to its enactment, the imperial family was restricted to the close family of the then reigning emperor. Today, there are only three potential heirs to the throne, only one of whom can realistically expect further (male) descendants himself. For this reason, the question has arisen in politics, academia and society as to how the continued existence of the imperial house can be guaranteed. A succession to the throne for female members of the imperial family and/or their descendants represents a possible solution.

The author examines this possibility against the background of the genesis of both the old Imperial Household Law and the Meiji Constitution as well as the current Imperial Household Law and the present constitution. He concludes that female succession to the throne, while compatible with the wording of the present constitution, was not the intention of the historical legislature. As a possible solution for a future succession arrangement, he suggests that the imperial house be granted a certain degree of autonomy in its own affairs while respecting the popular sovereignty enshrined in the constitution. This would mean taking into account the opinion of the emperor and his family. As a precedent, he points to the special law that allowed the abdication of Emperor Akihito in 2019, which was drafted after his public statement in 2016.

(The editors)