Subsequently the Chief of this Section and the staff drafted the Constitution with the help of American constitutional lawyers who were called to assist the Government Section in the task.
General McArthur directed the Japanese Cabinet to initiate measures for the preparation of the Japanese Constitution, but, as no progress was made, it was decided in February, 1946, that the problem of constitutional reform should be taken over by the Government Section of the Supreme Commander’s Headquarters.
It appears that on the 11th October, 1945. It will not be out of place to state here in a few words how the Japanese Constitution came into existence. It seems plain that the Constituent Assembly did not adopt this expression on account of the very elastic meaning given to it, but preferred to use the words “ according to procedure established by law” which occur in the Japanese Constitution framed in 1946. “ No person shall be deprived of his life and liberty except according to procedure established by law.” In Indian Constitution, Article 21 uses similar expression, New Orleans, where the opinion was expressed that it is wiser to ascertain their intent and application by the ‘gradual process of judicial inclusion and exclusion,’ as the cases presented for decision shall require, with the reasoning on which such decisions may be rounded.” In India This difficulty and perhaps impossibility was referred to by Mr. “It would be difficult and perhaps impossible to give to those words a definition, at once accurate, and broad enough to cover every case. In the earliest times, the American Supreme Court construed “due process of law” to cover matters of procedure only, but gradually the meaning of the expression was widened so as to cover substantive law also, by laying emphasis on the word “due.” The expression was used in such a wide sense that the judges found it difficult to define it and in one of the cases it was observed as follows:. The expression was afterwards adopted in the American Constitution and also in the Constitutions of some of the constituent States, though some of the States preferred to use the words “in due course of law” or “according to the law of the land.” In America In the reign of Edward III, the words “ due process of law” were used in a statute guaranteeing that no person will be deprived of his property or imprisoned or indicted or put to death without being brought in to answer by due process of law (28, Edward III, Ch. That expression ‘Due process of law” had its roots in the expression “ per legem terrae” ( law of the land) used in Magna Charta in 1215.
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