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The Project Gutenberg eBook ofThe Constitution of the Empire of Japan, 1889
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Title: The Constitution of the Empire of Japan, 1889
Author: Japan
Release date: August 1, 1996 [eBook #613] Most recently updated: January 1, 2021
Language: English
*** START OF THE PROJECT GUTENBERG EBOOK THE CONSTITUTION OF THE EMPIRE OF JAPAN, 1889 ***
CONSTITUTION OF THE EMPIRE OF JAPAN, 1889
Imperial Oath Sworn in the Sanctuary in the Imperial Palace (Tsuge-bumi)
We, the Successor to the prosperous Throne of OurPredecessors, do humbly and solemnly swear to the ImperialFounder of Our House and to Our other Imperial Ancestors that, inpursuance of a great policy co-extensive with the Heavens andwith the Earth, We shall maintain and secure from decline theancient form of government.
In consideration of the progressive tendency of the courseof human affairs and in parallel with the advance ofcivilization, We deem it expedient, in order to give clearnessand distinctness to the instructions bequeathed by the ImperialFounder of Our House and by Our other Imperial Ancestors, toestablish fundamental laws formulated into express provisions oflaw, so that, on the one hand, Our Imperial posterity may possessan express guide for the course they are to follow, and that, onthe other, Our subjects shall thereby be enabled to enjoy a widerrange of action in giving Us their support, and that theobservance of Our laws shall continue to the remotest ages oftime. We will thereby to give greater firmness to the stabilityof Our country and to promote the welfare of all the peoplewithin the boundaries of Our dominions; and We now establish theImperial House Law and the Constitution. These Laws come to onlyan exposition of grand precepts for the conduct of thegovernment, bequeathed by the Imperial Founder of Our House andby Our other Imperial Ancestors. That we have been so fortunatein Our reign, in keeping with the tendency of the times, as toaccomplish this work, We owe to the glorious Spirits of theImperial Founder of Our House and of Our other Imperial Ancestors.
We now reverently make Our prayer to Them and to OurIllustrious Father, and implore the help of Their Sacred Spirits,and make to Them solemn oath never at this time nor in the futureto fail to be an example to our subjects in the observance of theLaws hereby established.
May the heavenly Spirits witness this Our solemn Oath.
Imperial Rescript on the Promulgation of the Constitution
Whereas We make it the joy and glory of Our heart to beholdthe prosperity of Our country, and the welfare of Our subjects,We do hereby, in virtue of the Supreme power We inherit from OurImperial Ancestors, promulgate the present immutable fundamentallaw, for the sake of Our present subjects and their descendants.
The Imperial Founder of Our House and Our other Imperialancestors, by the help and support of the forefathers of Oursubjects, laid the foundation of Our Empire upon a basis, whichis to last forever. That this brilliant achievement embellishesthe annals of Our country, is due to the glorious virtues of OurSacred Imperial ancestors, and to the loyalty and bravery of Oursubjects, their love of their country and their public spirit.Considering that Our subjects are the descendants of the loyaland good subjects of Our Imperial Ancestors, We doubt not butthat Our subjects will be guided by Our views, and willsympathize with all Our endeavors, and that, harmoniouslycooperating together, they will share with Us Our hope of makingmanifest the glory of Our country, both at home and abroad, andof securing forever the stability of the work bequeathed to Us byOur Imperial Ancestors.
Preamble [or Edict] (Joyu)
Having, by virtue of the glories of Our Ancestors, ascendedthe throne of a lineal succession unbroken for ages eternal;desiring to promote the welfare of, and to give development tothe moral and intellectual faculties of Our beloved subjects, thevery same that have been favored with the benevolent care andaffectionate vigilance of Our Ancestors; and hoping to maintainthe prosperity of the State, in concert with Our people and withtheir support, We hereby promulgate, in pursuance of Our ImperialRescript of the 12th day of the 10th month of the 14th year ofMeiji, a fundamental law of the State, to exhibit the principles,by which We are guided in Our conduct, and to point out to whatOur descendants and Our subjects and their descendants areforever to conform.
The right of sovereignty of the State, We have inheritedfrom Our Ancestors, and We shall bequeath them to Ourdescendants. Neither We nor they shall in the future fail towield them, in accordance with the provisions of the Constitutionhereby granted.
We now declare to respect and protect the security of therights and of the property of Our people, and to secure to themthe complete enjoyment of the same, within the extent of theprovisions of the present Constitution and of the law.
The Imperial Diet shall first be convoked for the 23rd yearof Meiji and the time of its opening shall be the date, when thepresent Constitution comes into force.
When in the future it may become necessary to amend any ofthe provisions of the present Constitution, We or Our successorsshall assume the initiative right, and submit a project for thesame to the Imperial Diet. The Imperial Diet shall pass its voteupon it, according to the conditions imposed by the presentConstitution, and in no otherwise shall Our descendants or Oursubjects be permitted to attempt any alteration thereof.
Our Ministers of State, on Our behalf, shall be heldresponsible for the carrying out of the present Constitution, andOur present and future subjects shall forever assume the duty ofallegiance to the present Constitution.
CHAPTER I. THE EMPEROR
Article 1. The Empire of Japan shall be reigned over and governed by a line of Emperors unbroken for ages eternal.
Article 2. The Imperial Throne shall be succeeded to by Imperial male descendants, according to the provisions of the Imperial House Law.
Article 3. The Emperor is sacred and inviolable.
Article 4. The Emperor is the head of the Empire, combiningin Himself the rights of sovereignty, and exercises them,according to the provisions of the present Constitution.
Article 5. The Emperor exercises the legislative power with the consent of the Imperial Diet.
Article 6. The Emperor gives sanction to laws, and orders them to be promulgated and executed.
Article 7. The Emperor convokes the Imperial Diet, opens,closes, and prorogues it, and dissolves the House ofRepresentatives.
Article 8. The Emperor, in consequence of an urgentnecessity to maintain public safety or to avert publiccalamities, issues, when the Imperial Diet is not sitting,Imperial ordinances in the place of law.
(2) Such Imperial Ordinances are to be laid before theImperial Diet at its next session, and when the Diet does notapprove the said Ordinances, the Government shall declare them tobe invalid for the future.
Article 9. The Emperor issues or causes to be issued, theOrdinances necessary for the carrying out of the laws, or for themaintenance of the public peace and order, and for the promotionof the welfare of the subjects. But no Ordinance shall in any wayalter any of the existing laws.
Article 10. The Emperor determines the organization of thedifferent branches of the administration, and salaries of allcivil and military officers, and appoints and dismisses the same.Exceptions especially provided for in the present Constitution orin other laws, shall be in accordance with the respectiveprovisions (bearing thereon).
Article 11. The Emperor has the supreme command of the Army and Navy.
Article 12. The Emperor determines the organization and peace standing of the Army and Navy.
Article 13. The Emperor declares war, makes peace, and concludes treaties.
Article 14. The Emperor declares a state of siege.
(2) The conditions and effects of a state of siege shall be determined by law.
Article 15. The Emperor confers titles of nobility, rank, orders and other marks of honor.
Article 16. The Emperor orders amnesty, pardon, commutation of punishments and rehabilitation.
Article 17. A Regency shall be instituted in conformity with the provisions of the Imperial House Law.
(2) The Regent shall exercise the powers appertaining to the Emperor in His name.
CHAPTER II. RIGHTS AND DUTIES OF SUBJECTS
Article 18. The conditions necessary for being a Japanesesubject shall be determined by law.
Article 19. Japanese subjects may, according toqualifications determined in laws or ordinances, be appointed tocivil or military or any other public offices equally.
Article 20. Japanese subjects are amenable to service in the Army or Navy, according to the provisions of law.
Article 21. Japanese subjects are amenable to the duty of paying taxes, according to the provisions of law.
Article 22. Japanese subjects shall have the liberty of abode and of changing the same within the limits of the law.
Article 23. No Japanese subject shall be arrested, detained, tried or punished, unless according to law.
Article 24. No Japanese subject shall be deprived of his right of being tried by the judges determined by law.
Article 25. Except in the cases provided for in the law, thehouse of no Japanese subject shall be entered or searched withouthis consent.
Article 26. Except in the cases mentioned in the law, thesecrecy of the letters of every Japanese subject shall remaininviolate.
Article 27. The right of property of every Japanese subject shall remain inviolate.
(2) Measures necessary to be taken for the public benefit shall be any provided for by law.
Article 28. Japanese subjects shall, within limits notprejudicial to peace and order, and not antagonistic to theirduties as subjects, enjoy freedom of religious belief.
Article 29. Japanese subjects shall, within the limits oflaw, enjoy the liberty of speech, writing, publication, publicmeetings and associations.
Article 30. Japanese subjects may present petitions, byobserving the proper forms of respect, and by complying with therules specially provided for the same.
Article 31. The provisions contained in the present Chaptershall not affect the exercises of the powers appertaining to theEmperor, in times of war or in cases of a national emergency.
Article 32. Each and every one of the provisions containedin the preceding Articles of the present Chapter, that are not inconflict with the laws or the rules and discipline of the Armyand Navy, shall apply to the officers and men of the Army and ofthe Navy.
CHAPTER III. THE IMPERIAL DIET
Article 33. The Imperial Diet shall consist of two Houses, a House of Peers and a House of Representatives.
Article 34. The House of Peers shall, in accordance with theordinance concerning the House of Peers, be composed of themembers of the Imperial Family, of the orders of nobility, and ofthose who have been nominated thereto by the Emperor.
Article 35. The House of Representatives shall be composedof members elected by the people, according to the provisions ofthe law of Election.
Article 36. No one can at one and the same time be a Member of both Houses.
Article 37. Every law requires the consent of the Imperial Diet.
Article 38. Both Houses shall vote upon projects of lawsubmitted to it by the Government, and may respectively initiateprojects of law.
Article 39. A Bill, which has been rejected by either theone or the other of the two Houses, shall not be brought in againduring the same session.
Article 40. Both Houses can make representations to theGovernment, as to laws or upon any other subject. When, however,such representations are not accepted, they cannot be made asecond time during the same session.
Article 41. The Imperial Diet shall be convoked every year.
Article 42. A session of the Imperial Diet shall last duringthree months. In case of necessity, the duration of a session maybe prolonged by the Imperial Order.
Article 43. When urgent necessity arises, an extraordinary session may be convoked in addition to the ordinary one.
(2) The duration of an extraordinary session shall be determined by Imperial Order.
Article 44. The opening, closing, prolongation of sessionand prorogation of the Imperial Diet, shall be effectedsimultaneously for both Houses.
(2) In case the House of Representatives has been ordered todissolve, the House of Peers shall at the same time be prorogued.
Article 45. When the House of Representatives has beenordered to dissolve, Members shall be caused by Imperial Order tobe newly elected, and the new House shall be convoked within fivemonths from the day of dissolution.
Article 46. No debate can be opened and no vote can be takenin either House of the Imperial Diet, unless not less thanone-third of the whole number of Members thereof is present.
Article 47. Votes shall be taken in both Houses by absolutemajority. In the case of a tie vote, the President shall have thecasting vote.
Article 48. The deliberations of both Houses shall be heldin public. The deliberations may, however, upon demand of theGovernment or by resolution of the House, be held in secretsitting.
Article 49. Both Houses of the Imperial Diet may respectively present addresses to the Emperor.
Article 50. Both Houses may receive petitions presented by subjects.
Article 51. Both Houses may enact, besides what is providedfor in the present Constitution and in the Law of the Houses,rules necessary for the management of their internal affairs.
Article 52. No Member of either House shall be heldresponsible outside the respective Houses, for any opinionuttered or for any vote given in the House. When, however, aMember himself has given publicity to his opinions by publicspeech, by documents in print or in writing, or by any othersimilar means, he shall, in the matter, be amenable to thegeneral law.
Article 53. The Members of both Houses shall, during thesession, be free from arrest, unless with the consent of theHouse, except in cases of flagrant delicts, or of offensesconnected with a state of internal commotion or with a foreigntrouble.
Article 54. The Ministers of State and the Delegates of the Government may, at any time, take seats and speak in either House.
CHAPTER IV. THE MINISTERS OF STATE AND THE PRIVY COUNCIL
Article 55. The respective Ministers of State shall givetheir advice to the Emperor, and be responsible for it.
(2) All Laws, Imperial Ordinances, and Imperial Rescripts ofwhatever kind, that relate to the affairs of the state, requirethe countersignature of a Minister of State.
Article 56. The Privy Councillors shall, in accordance withthe provisions for the organization of the Privy Council,deliberate upon important matters of State when they have beenconsulted by the Emperor.
CHAPTER V. THE JUDICATURE
Article 57. The Judicature shall be exercised by the Courts of Law according to law, in the name of the Emperor.
(2) The organization of the Courts of Law shall be determined by law.
Article 58. The judges shall be appointed from among those, who possess proper qualifications according to law.
(2) No judge shall be deprived of his position, unless by way of criminal sentence or disciplinary punishment.
(3) Rules for disciplinary punishment shall be determined by law.
Article 59. Trials and judgments of a Court shall beconducted publicly. When, however, there exists any fear, thatsuch publicity may be prejudicial to peace and order, or to themaintenance of public morality, the public trial may be suspendedby provisions of law or by the decision of the Court of Law.
Article 60. All matters that fall within the competency of aspecial Court, shall be specially provided for by law.
Article 61. No suit at law, which relates to rights allegedto have been infringed by the illegal measures of theadministrative authorities, and which shall come within thecompetency of the Court of Administrative Litigation speciallyestablished by law, shall be taken cognizance of by Court of Law.
CHAPTER VI. FINANCE
Article 62. The imposition of a new tax or the modificationof the rates (of an existing one) shall be determined by law.
(2) However, all such administrative fees or other revenuehaving the nature of compensation shall not fall within thecategory of the above clause.
(3) The raising of national loans and the contracting ofother liabilities to the charge of the National Treasury, exceptthose that are provided in the Budget, shall require the consentof the Imperial Diet.
Article 63. The taxes levied at present shall, in so far asthey are not remodelled by a new law, be collected according tothe old system.
Article 64. The expenditure and revenue of the State requirethe consent of the Imperial Diet by means of an annual Budget.
(2) Any and all expenditures overpassing the appropriationsset forth in the Titles and Paragraphs of the Budget, or that arenot provided for in the Budget, shall subsequently require theapprobation of the Imperial Diet.
Article 65. The Budget shall be first laid before the Houseof Representatives.
Article 66. The expenditures of the Imperial House shall bedefrayed every year out of the National Treasury, according tothe present fixed amount for the same, and shall not require theconsent thereto of the Imperial Diet, except in case an increasethereof is found necessary.
Article 67. Those already fixed expenditures based by theConstitution upon the powers appertaining to the Emperor, andsuch expenditures as may have arisen by the effect of law, orthat appertain to the legal obligations of the Government, shallbe neither rejected nor reduced by the Imperial Diet, without theconcurrence of the Government.
Article 68. In order to meet special requirements, theGovernment may ask the consent of the Imperial Diet to a certainamount as a Continuing Expenditure Fund, for a previously fixednumber of years.
Article 69. In order to supply deficiencies, which areunavoidable, in the Budget, and to meet requirements unprovidedfor in the same, a Reserve Fund shall be provided in the Budget.
Article 70. When the Imperial Diet cannot be convoked, owingto the external or internal condition of the country, in case ofurgent need for the maintenance of public safety, the Governmentmay take all necessary financial measures, by means of anImperial Ordinance.
(2) In the case mentioned in the preceding clause, thematter shall be submitted to the Imperial Diet at its nextsession, and its approbation shall be obtained thereto.
Article 71. When the Imperial Diet has not voted on theBudget, or when the Budget has not been brought into actualexistence, the Government shall carry out the Budget of thepreceding year.
Article 72. The final account of the expenditures andrevenues of the State shall be verified and confirmed by theBoard of Audit, and it shall be submitted by the Government tothe Imperial Diet, together with the report of verification ofthe said board.
(2) The organization and competency of the Board of Auditshall of determined by law separately.
CHAPTER VII. SUPPLEMENTARY RULES
Article 73. When it has become necessary in future to amendthe provisions of the present Constitution, a project to theeffect shall be submitted to the Imperial Diet by Imperial Order.
(2) In the above case, neither House can open the debate,unless not less than two-thirds of the whole number of Membersare present, and no amendment can be passed, unless a majority ofnot less than two-thirds of the Members present is obtained.
Article 74. No modification of the Imperial House Law shallbe required to be submitted to the deliberation of the ImperialDiet.
(2) No provision of the present Constitution can be modifiedby the Imperial House Law.
Article 75. No modification can be introduced into theConstitution, or into the Imperial House Law, during the time ofa Regency.
Article 76. Existing legal enactments, such as laws,regulations, Ordinances, or by whatever names they may be called,shall, so far as they do not conflict with the presentConstitution, continue in force.
(2) All existing contracts or orders, that entailobligations upon the Government, and that are connected withexpenditure, shall come within the scope of Article 67.
(The above is the semi-official translation, which appeared in H.Ito, Commentaries on the Constitution of the Empire of Japan,trans. M. Ito, 1889.)
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