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V the Constitution of the Empire of Japan, 1889

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V the Constitution of the Empire of Japan, 1889 . Y!,JllCt: ihls rnaiefmt may be protected q MElJl JAPAN THROUGH CONTEMPORARY SOURCES ?apvtiqht !aw !Wle 17, II; 5. Co&? The order of the day and reports are to be previously for- warded to the Ministers of State. V REGULATIONS FOR THE CONDUCT OF BUSINESS OF THE PRIVY COUNCIL THE CONSTITUTION OF THE EMPIRE I. The Privy Council shall formulate its opinions on matters submitted to its deliberation by order of the Emperor. OF JAPAN, 1889 II. The Privy Council cannot receive petitions, representa- tions, or other communications from the Imperial- Diet. from A. fmperid proclamation on tbe Constitution of ihe Empire either House of the same, from any Government Qffice, or of Japan, February 11, 1889. from any of His Majesty’s private subjects whatever. III. The Privy Council shall have official connection with HAVING by virtue of the glories of Our Ancestors, ascended the the Cabinet and with the Ministers of State only, and offi- throne of a lineal succession unbroken for ages eternal; desiring cially shall not communicate or have any connection what- to promote the welfare of, and to give development to the moral ever with any of His Majesty’s private subjects. and intellectual faculties of Our beloved subjects, the very same . - that have been favoured with the benevolent care and affection- . ...* ate vigilance of Our Ancestors; and hoping to maintain the pros- perity of the State, in concert with Our people and with their Japan Weekly Mail, 1888, pp. 444-445. support, We hereby promulgate, in pursuance of Our Imperial Rescript of the 12th day of the 10th month of the 14th year of Meiji, a fundamental law of State, to exhibit the principles, by which We are to be guided in Our conduct, and to point out to what Our descendants and Our subjects and their descendants are forever to conform. The rights of sovereignty of the State, We have inherited from Our Ancestors, and We shall bequeath them to Our descendants. Neither We nor they shah in future fail to wield them in accord- ance with the provisions of the Constitution hereby granted. We now declare to respect and protect the security of the rights and of the property of Our people, and to secure to them the complete enjoyment of the same within the extent of the provisions of the present Constitution and of the law. 92 93 MEIJIJAPANTHROUGHCONTEMPORARYSOURCJ33 THECONSTITUTION OFTHEEMPIREOFJAPAN The Imperial Diet shall first be convoked for the 23rd year of Count Matsugata Masayoshi, Meiji, and the time of its opening shall be the date when the Ministei of State for Finance, present Constitution comes into force. and Minister of State for Home Affairs. When in the future it may become necessary to amend any of Count Oyama Iwao, the provisions of the present Constitution, We or Our successors Minister of State for War. shall assume the initiative right, and submit a project for the Viscount Mori Arinori, same to the Imperial Diet. The Imperial Diet shall pass its vote Minister of State for Educatibn. upon it, according to the conditions imposed by the present Con- Viscount Enomoto Takeaki, stitution, and in no otherwise shall Our descendants or Our sub- Minister of State for Communications. jects be permitted to attempt any alteration thereof. Oficial translation. Our Ministers of State, on Our behalf, shall be held responsi- ble for the carrying out of the present Constitution, and Our B. The Constitution of the Empire of Japan, February 11; present and future subjects shall forever assume the duty of 1889. allegiance to the present Constitution. Chapter I. The Emperor [His Imperial Majesty’s Sign-Manual.] [Privy Seal.] ARTICLE I. The Empire of Japan shall be reigned over and governed by a line of Emperors unbroken for ages eternal. The 11th day of the 2nd month of ARTICLE II. The Imperial Throne shall be succeeded to by the 22nd year of Meiji. Imperial male descendants, according to the provisions of the (Countersigned) Count Kuroda Kiyotaka, Imperial House Law. Minister President of State. A RTICLE III. The Emperor is sacred and inviolable. Count Ito Hirobumi, ARTICLE IV. The Emperor is the head of the Empire, com- President of the Privy Council. bining in Himself the rights of sovereignty, and exercises them Count Okuma Shigenobu, according to the provisions of the present Constitution. Minister of State for Foreign Aflairs. ARTICLE V. The Emperor exercises the legislative power Count Saigo Tsukumichi, -with the consent of the Imperial Diet. Minister of State for the Navy. A RTICLE VI. The Emperor gives sanction to laws, and Count Inouye Kaoru, corders them to be promulgated and executed. Minisfer of Stnte for Agriculfure and Commerce. ARTICLE VII. The Emperor convokes the Imperial Diet, Count Yamada Akiyoshi, ,opens, closes, and prorogues it, and dissolves the House of Minister of State for Justice. Representatives. 94 95 MEIJIIAPAN THROUGH CONTEMPORARY SOURCES THECONSTlTIJTlONOFTHEEMPlREOFJAPAN ARTICLE VIII. The Emperor, in consequence of an urgent ARTICLE XVII. A Regency shall be instituted in conformity necessity to maintain public safety or to avert public calamities, with the provisions of the Imperial House Law. issues, when the Imperial Diet is not sitting, Imperial Ordinances. The Regency shall exercise the powers appertaining to the in the place of law. Emperor in His name. Such Imperial Ordinances are to be laid before the Imperial Diet at its next session, and when the Diet does not approve the Chapter II. Rights and Duties of Subjects 1! said Ordinances, the Government shall declare them to be in- valid for the future. ARTICLE XVIII. The conditions necessary for being a Japa- ARTICLE IX. The Emperor issues or causes to be issued the nese subject shall be determined by law. Ordinances necessary for the carrying out of the laws, or for the ARTICLE XIX. Japanese subjects may, according to qualifi- maintenance of tbe public peace and order, and for the promo- cations determined in laws or ordinances, be appointed to civil tion of the welfare of the subjects. But no Ordinance shall in: or military offices equally, and may fill any other public offices. any way alter any of the existing laws. ARTICLE XX. Japanese subjects are amenable to service in ARTICLE X. The Emperor determines the organization of the Army or Navy, according to the provisions of law. the different branches of the administration, and the salaries of ARTICLE XXI. Japanese subjects are amenable to the duty all civil and military officers, and appoints and dismisses the of paying taxes, according to the provisions of law. same. Exceptions especially provided for in the present Consti- ARTICLE XXII. Japanese subjects shall have the liberty of tution or in other laws shall be in accordance with the respective abode and of changing the same within the limits of law. provisions (bearing thereon). ARTICLE XXIII. No Japanese subject shall be arrested, de- ARTICLE XI. The Emperor has the supreme command of tained, tried, or punished, unless according to law. the Army and Navy. ARTICLE XXIV. No Japanese subject shall be deprived of ARTICLE XII. The Emperor determines the organization his right of being tried by the judges determined by law. and peace standing of the Army and Navy. ARTICLE XXV. Except in the cases provided for in the law,, ARTICLE XIII. The Emperor declares war, makes peace,, the house of no Japanese subject shall be entered or searched ‘and concludes treaties. without his consent. ARTICLE XIV. The Emperor proclaims the law of siege. A RTICLE XXVI. Except in the cases mentioned in the The conditions and effects of the law of siege shall be deter-. law, the secrecy of the letters of every Japanese subject shall mined by law. remain inviolate. ARTICLE XV. The Emperor confers titles of nobility, rank,. ARTICLE XXVII. The right of property of every Japanese orders, and other marks of honour. subject shall remain inviolate. ARTICLE XVI. The Emperor orders amnesty, pardon, com- Measures necessary to be taken for the public benefit shaB mutation of punishments, and rehabilitation. be provided for by law. 96 97 i MEIJI JAPAN THROUGH CONTEMPORARY SOURCES THE CONSTITUTION OF THE EMPIRE OF JAPAN ARTICLE XXVIII. Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their a Member of both Houses. ,duties as subjects, enjoy freedom of religious belief. ARTICLE XXXVII. Every law requires the consent of the. ARTICLE XXIX. Japanese subjects shall within the limits oE Imperial Diet. law enjoy the liberty of speech, writing, publication,- public ARTICLE XXXVIII. Both Houses shall vote upon projects meetings, and associations. of law submitted to it by the Government, and may respectively ARTICLE XXX. Japanese subjects may present petitions, by initiate projects of law. ,observing the proper forms of respect and by complying with the ARTICLE XxX1X. A Bill which has been rejected by either ,rules specially provided for the same. the one or the other of the two Houses shall not be again ARTICLE XxX1. The provisions contained in the present brought in during the same session. Chapter shall not affect the exercise of the powers appertaining ARTICLE XL. Both Houses can make representations to the: to the Emperor, in times of war or in cases of a national Government, as to laws or upon any other subject. When, how- .emergency. ever, such representations are not accepted, they cannot be made A RTICLE XxX11. Each and every one of the provisions a second time during the same session. contained in the preceding Articles of the present Chapter that ARTICLE XLI. The Imperial Diet shall be convoked every are not in conflict with the laws or the rules and discipline of the year. Army and Navy shall apply to the officers and men of the Army ARTICLE XLII.
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