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+Project Gutenberg's The Constitution of the Empire of Japan, 1889, by Japan
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Constitution of the Empire of Japan, 1889
+
+Author: Japan
+
+Posting Date: July 26, 2008 [EBook #613]
+Release Date: August, 1996
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK CONSTITUTION OF JAPAN, 1889 ***
+
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+
+ 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 Our
+Predecessors, do humbly and solemnly swear to the Imperial
+Founder of Our House and to Our other Imperial Ancestors that, in
+pursuance of a great policy co-extensive with the Heavens and
+with the Earth, We shall maintain and secure from decline the
+ancient form of government.
+
+ In consideration of the progressive tendency of the course
+of human affairs and in parallel with the advance of
+civilization, We deem it expedient, in order to give clearness
+and distinctness to the instructions bequeathed by the Imperial
+Founder of Our House and by Our other Imperial Ancestors, to
+establish fundamental laws formulated into express provisions of
+law, so that, on the one hand, Our Imperial posterity may possess
+an express guide for the course they are to follow, and that, on
+the other, Our subjects shall thereby be enabled to enjoy a wider
+range of action in giving Us their support, and that the
+observance of Our laws shall continue to the remotest ages of
+time. We will thereby to give greater firmness to the stability
+of Our country and to promote the welfare of all the people
+within the boundaries of Our dominions; and We now establish the
+Imperial House Law and the Constitution. These Laws come to only
+an exposition of grand precepts for the conduct of the
+government, bequeathed by the Imperial Founder of Our House and
+by Our other Imperial Ancestors. That we have been so fortunate
+in Our reign, in keeping with the tendency of the times, as to
+accomplish this work, We owe to the glorious Spirits of the
+Imperial Founder of Our House and of Our other Imperial Ancestors.
+
+ We now reverently make Our prayer to Them and to Our
+Illustrious Father, and implore the help of Their Sacred Spirits,
+and make to Them solemn oath never at this time nor in the future
+to fail to be an example to our subjects in the observance of the
+Laws 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 behold
+the prosperity of Our country, and the welfare of Our subjects,
+We do hereby, in virtue of the Supreme power We inherit from Our
+Imperial Ancestors, promulgate the present immutable fundamental
+law, for the sake of Our present subjects and their descendants.
+
+ The Imperial Founder of Our House and Our other Imperial
+ancestors, by the help and support of the forefathers of Our
+subjects, laid the foundation of Our Empire upon a basis, which
+is to last forever. That this brilliant achievement embellishes
+the annals of Our country, is due to the glorious virtues of Our
+Sacred Imperial ancestors, and to the loyalty and bravery of Our
+subjects, their love of their country and their public spirit.
+Considering that Our subjects are the descendants of the loyal
+and good subjects of Our Imperial Ancestors, We doubt not but
+that Our subjects will be guided by Our views, and will
+sympathize with all Our endeavors, and that, harmoniously
+cooperating together, they will share with Us Our hope of making
+manifest the glory of Our country, both at home and abroad, and
+of securing forever the stability of the work bequeathed to Us by
+Our Imperial Ancestors.
+
+
+
+ Preamble [or Edict] (Joyu)
+
+ Having, by virtue of the glories of Our Ancestors, ascended
+the throne of a lineal succession unbroken for ages eternal;
+desiring to promote the welfare of, and to give development to
+the moral and intellectual faculties of Our beloved subjects, the
+very same that have been favored with the benevolent care and
+affectionate vigilance of Our Ancestors; and hoping to maintain
+the prosperity of the State, in concert with Our people and with
+their 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 the State, to exhibit the principles,
+by which We are guided in Our conduct, and to point out to what
+Our descendants and Our subjects and their descendants are
+forever to conform.
+
+ The right of sovereignty of the State, We have inherited
+from Our Ancestors, and We shall bequeath them to Our
+descendants. Neither We nor they shall in the future fail to
+wield them, in accordance 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.
+
+ The Imperial Diet shall first be convoked for the 23rd year
+of Meiji and the time of its opening shall be the date, when the
+present Constitution comes into force.
+
+ When in the future it may become necessary to amend any of
+the provisions of the present Constitution, We or Our successors
+shall assume the initiative right, and submit a project for the
+same to the Imperial Diet. The Imperial Diet shall pass its vote
+upon it, according to the conditions imposed by the present
+Constitution, and in no otherwise shall Our descendants or Our
+subjects be permitted to attempt any alteration thereof.
+
+ Our Ministers of State, on Our behalf, shall be held
+responsible for the carrying out of the present Constitution, and
+Our present and future subjects shall forever assume the duty of
+allegiance 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, combining
+in 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 of
+Representatives.
+
+ Article 8. The Emperor, in consequence of an urgent
+necessity to maintain public safety or to avert public
+calamities, issues, when the Imperial Diet is not sitting,
+Imperial ordinances in the place of law.
+
+ (2) Such Imperial Ordinances are to be laid before the
+Imperial Diet at its next session, and when the Diet does not
+approve the said Ordinances, the Government shall declare them to
+be invalid for the future.
+
+ Article 9. The Emperor issues or causes to be issued, the
+Ordinances necessary for the carrying out of the laws, or for the
+maintenance of the public peace and order, and for the promotion
+of the welfare of the subjects. But no Ordinance shall in any way
+alter any of the existing laws.
+
+ Article 10. The Emperor determines the organization of the
+different branches of the administration, and salaries of all
+civil and military officers, and appoints and dismisses the same.
+Exceptions especially provided for in the present Constitution or
+in other laws, shall be in accordance with the respective
+provisions (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 Japanese
+subject shall be determined by law.
+
+ Article 19. Japanese subjects may, according to
+qualifications determined in laws or ordinances, be appointed to
+civil 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, the
+house of no Japanese subject shall be entered or searched without
+his consent.
+
+ Article 26. Except in the cases mentioned in the law, the
+secrecy of the letters of every Japanese subject shall remain
+inviolate.
+
+ 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 not
+prejudicial to peace and order, and not antagonistic to their
+duties as subjects, enjoy freedom of religious belief.
+
+ Article 29. Japanese subjects shall, within the limits of
+law, enjoy the liberty of speech, writing, publication, public
+meetings and associations.
+
+ Article 30. Japanese subjects may present petitions, by
+observing the proper forms of respect, and by complying with the
+rules specially provided for the same.
+
+ Article 31. The provisions contained in the present Chapter
+shall not affect the exercises of the powers appertaining to the
+Emperor, in times of war or in cases of a national emergency.
+
+ Article 32. Each and every one of the provisions contained
+in the preceding Articles of the present Chapter, that are not in
+conflict with the laws or the rules and discipline of the Army
+and Navy, shall apply to the officers and men of the Army and of
+the 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 the
+ordinance concerning the House of Peers, be composed of the
+members of the Imperial Family, of the orders of nobility, and of
+those who have been nominated thereto by the Emperor.
+
+ Article 35. The House of Representatives shall be composed
+of members elected by the people, according to the provisions of
+the 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 law
+submitted to it by the Government, and may respectively initiate
+projects of law.
+
+ Article 39. A Bill, which has been rejected by either the
+one or the other of the two Houses, shall not be brought in again
+during the same session.
+
+ Article 40. Both Houses can make representations to the
+Government, as to laws or upon any other subject. When, however,
+such representations are not accepted, they cannot be made a
+second 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 during
+three months. In case of necessity, the duration of a session may
+be 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 session
+and prorogation of the Imperial Diet, shall be effected
+simultaneously for both Houses.
+
+ (2) In case the House of Representatives has been ordered to
+dissolve, the House of Peers shall at the same time be prorogued.
+
+ Article 45. When the House of Representatives has been
+ordered to dissolve, Members shall be caused by Imperial Order to
+be newly elected, and the new House shall be convoked within five
+months from the day of dissolution.
+
+ Article 46. No debate can be opened and no vote can be taken
+in either House of the Imperial Diet, unless not less than
+one-third of the whole number of Members thereof is present.
+
+ Article 47. Votes shall be taken in both Houses by absolute
+majority. In the case of a tie vote, the President shall have the
+casting vote.
+
+ Article 48. The deliberations of both Houses shall be held
+in public. The deliberations may, however, upon demand of the
+Government or by resolution of the House, be held in secret
+sitting.
+
+ 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 provided
+for 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 held
+responsible outside the respective Houses, for any opinion
+uttered or for any vote given in the House. When, however, a
+Member himself has given publicity to his opinions by public
+speech, by documents in print or in writing, or by any other
+similar means, he shall, in the matter, be amenable to the
+general law.
+
+ Article 53. The Members of both Houses shall, during the
+session, be free from arrest, unless with the consent of the
+House, except in cases of flagrant delicts, or of offenses
+connected with a state of internal commotion or with a foreign
+trouble.
+
+ 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 give
+their advice to the Emperor, and be responsible for it.
+
+ (2) All Laws, Imperial Ordinances, and Imperial Rescripts of
+whatever kind, that relate to the affairs of the state, require
+the countersignature of a Minister of State.
+
+ Article 56. The Privy Councillors shall, in accordance with
+the provisions for the organization of the Privy Council,
+deliberate upon important matters of State when they have been
+consulted 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 be
+conducted publicly. When, however, there exists any fear, that
+such publicity may be prejudicial to peace and order, or to the
+maintenance of public morality, the public trial may be suspended
+by provisions of law or by the decision of the Court of Law.
+
+ Article 60. All matters that fall within the competency of a
+special Court, shall be specially provided for by law.
+
+ Article 61. No suit at law, which relates to rights alleged
+to have been infringed by the illegal measures of the
+administrative authorities, and which shall come within the
+competency of the Court of Administrative Litigation specially
+established by law, shall be taken cognizance of by Court of Law.
+
+
+
+ CHAPTER VI. FINANCE
+
+ Article 62. The imposition of a new tax or the modification
+of the rates (of an existing one) shall be determined by law.
+
+ (2) However, all such administrative fees or other revenue
+having the nature of compensation shall not fall within the
+category of the above clause.
+
+ (3) The raising of national loans and the contracting of
+other liabilities to the charge of the National Treasury, except
+those that are provided in the Budget, shall require the consent
+of the Imperial Diet.
+
+ Article 63. The taxes levied at present shall, in so far as
+they are not remodelled by a new law, be collected according to
+the old system.
+
+ Article 64. The expenditure and revenue of the State require
+the consent of the Imperial Diet by means of an annual Budget.
+
+ (2) Any and all expenditures overpassing the appropriations
+set forth in the Titles and Paragraphs of the Budget, or that are
+not provided for in the Budget, shall subsequently require the
+approbation of the Imperial Diet.
+
+ Article 65. The Budget shall be first laid before the House
+of Representatives.
+
+ Article 66. The expenditures of the Imperial House shall be
+defrayed every year out of the National Treasury, according to
+the present fixed amount for the same, and shall not require the
+consent thereto of the Imperial Diet, except in case an increase
+thereof is found necessary.
+
+ Article 67. Those already fixed expenditures based by the
+Constitution upon the powers appertaining to the Emperor, and
+such expenditures as may have arisen by the effect of law, or
+that appertain to the legal obligations of the Government, shall
+be neither rejected nor reduced by the Imperial Diet, without the
+concurrence of the Government.
+
+ Article 68. In order to meet special requirements, the
+Government may ask the consent of the Imperial Diet to a certain
+amount as a Continuing Expenditure Fund, for a previously fixed
+number of years.
+
+ Article 69. In order to supply deficiencies, which are
+unavoidable, in the Budget, and to meet requirements unprovided
+for in the same, a Reserve Fund shall be provided in the Budget.
+
+ Article 70. When the Imperial Diet cannot be convoked, owing
+to the external or internal condition of the country, in case of
+urgent need for the maintenance of public safety, the Government
+may take all necessary financial measures, by means of an
+Imperial Ordinance.
+
+ (2) In the case mentioned in the preceding clause, the
+matter shall be submitted to the Imperial Diet at its next
+session, and its approbation shall be obtained thereto.
+
+ Article 71. When the Imperial Diet has not voted on the
+Budget, or when the Budget has not been brought into actual
+existence, the Government shall carry out the Budget of the
+preceding year.
+
+ Article 72. The final account of the expenditures and
+revenues of the State shall be verified and confirmed by the
+Board of Audit, and it shall be submitted by the Government to
+the Imperial Diet, together with the report of verification of
+the said board.
+
+ (2) The organization and competency of the Board of Audit
+shall of determined by law separately.
+
+
+
+ CHAPTER VII. SUPPLEMENTARY RULES
+
+ Article 73. When it has become necessary in future to amend
+the provisions of the present Constitution, a project to the
+effect 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 Members
+are present, and no amendment can be passed, unless a majority of
+not less than two-thirds of the Members present is obtained.
+
+ Article 74. No modification of the Imperial House Law shall
+be required to be submitted to the deliberation of the Imperial
+Diet.
+
+ (2) No provision of the present Constitution can be modified
+by the Imperial House Law.
+
+ Article 75. No modification can be introduced into the
+Constitution, or into the Imperial House Law, during the time of
+a 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 present
+Constitution, continue in force.
+
+ (2) All existing contracts or orders, that entail
+obligations upon the Government, and that are connected with
+expenditure, 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.)
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of The Constitution of the Empire of
+Japan, 1889, by Japan
+
+*** END OF THIS PROJECT GUTENBERG EBOOK CONSTITUTION OF JAPAN, 1889 ***
+
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+Project Gutenberg Etext of Previous Constitution of Japan [1889]
+#2 in our series of Japanese Constitutions
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+
+
+ 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 Our
+Predecessors, do humbly and solemnly swear to the Imperial
+Founder of Our House and to Our other Imperial Ancestors that, in
+pursuance of a great policy co-extensive with the Heavens and
+with the Earth, We shall maintain and secure from decline the
+ancient form of government.
+
+ In consideration of the progressive tendency of the course
+of human affairs and in parallel with the advance of
+civilization, We deem it expedient, in order to give clearness
+and distinctness to the instructions bequeathed by the Imperial
+Founder of Our House and by Our other Imperial Ancestors, to
+establish fundamental laws formulated into express provisions of
+law, so that, on the one hand, Our Imperial posterity may possess
+an express guide for the course they are to follow, and that, on
+the other, Our subjects shall thereby be enabled to enjoy a wider
+range of action in giving Us their support, and that the
+observance of Our laws shall continue to the remotest ages of
+time. We will thereby to give greater firmness to the stability
+of Our country and to promote the welfare of all the people
+within the boundaries of Our dominions; and We now establish the
+Imperial House Law and the Constitution. These Laws come to only
+an exposition of grand precepts for the conduct of the
+government, bequeathed by the Imperial Founder of Our House and
+by Our other Imperial Ancestors. That we have been so fortunate
+in Our reign, in keeping with the tendency of the times, as to
+accomplish this work, We owe to the glorious Spirits of the
+Imperial Founder of Our House and of Our other Imperial
+Ancestors.
+
+ We now reverently make Our prayer to Them and to Our
+Illustrious Father, and implore the help of Their Sacred Spirits,
+and make to Them solemn oath never at this time nor in the future
+to fail to be an example to our subjects in the observance of the
+Laws 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 behold
+the prosperity of Our country, and the welfare of Our subjects,
+We do hereby, in virtue of the Supreme power We inherit from Our
+Imperial Ancestors, promulgate the present immutable fundamental
+law, for the sake of Our present subjects and their descendants.
+
+ The Imperial Founder of Our House and Our other Imperial
+ancestors, by the help and support of the forefathers of Our
+subjects, laid the foundation of Our Empire upon a basis, which
+is to last forever. That this brilliant achievement embellishes
+the annals of Our country, is due to the glorious virtues of Our
+Sacred Imperial ancestors, and to the loyalty and bravery of Our
+subjects, their love of their country and their public spirit.
+Considering that Our subjects are the descendants of the loyal
+and good subjects of Our Imperial Ancestors, We doubt not but
+that Our subjects will be guided by Our views, and will
+sympathize with all Our endeavors, and that, harmoniously
+cooperating together, they will share with Us Our hope of making
+manifest the glory of Our country, both at home and abroad, and
+of securing forever the stability of the work bequeathed to Us by
+Our Imperial Ancestors.
+
+ Preamble [or Edict) (Joyu)
+
+ Having, by virtue of the glories of Our Ancestors, ascended
+the throne of a lineal succession unbroken for ages eternal;
+desiring to promote the welfare of, and to give development to
+the moral and intellectual faculties of Our beloved subjects, the
+very same that have been favored with the benevolent care and
+affectionate vigilance of Our Ancestors; and hoping to maintain
+the prosperity of the State, in concert with Our people and with
+their 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 the State, to exhibit the principles,
+by which We are guided in Our conduct, and to point out to what
+Our descendants and Our subjects and their descendants are
+forever to conform.
+
+ The right of sovereignty of the State, We have inherited
+from Our Ancestors, and We shall bequeath them to Our
+descendants. Neither We nor they shall in the future fail to
+wield them, in accordance 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.
+
+ The Imperial Diet shall first be convoked for the 23rd year
+of Meiji and the time of its opening shall be the date, when the
+present Constitution comes into force.
+
+ When in the future it may become necessary to amend any of
+the provisions of the present Constitution, We or Our successors
+shall assume the initiative right, and submit a project for the
+same to the Imperial Diet. The Imperial Diet shall pass its vote
+upon it, according to the conditions imposed by the present
+Constitution, and in no otherwise shall Our descendants or Our
+subjects be permitted to attempt any alteration thereof.
+
+ Our Ministers of State, on Our behalf, shall be held
+responsible for the carrying out of the present Constitution, and
+Our present and future subjects shall forever assume the duty of
+allegiance 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, combining
+in 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 of
+Representatives.
+
+ Article 8. The Emperor, in consequence of an urgent
+necessity to maintain public safety or to avert public
+calamities, issues, when the Imperial Diet is not sitting,
+Imperial ordinances in the place of law.
+
+ (2) Such Imperial Ordinances are to be laid before the
+Imperial Diet at its next session, and when the Diet does not
+approve the said Ordinances, the Government shall declare them to
+be invalid for the future.
+
+ Article 9. The Emperor issues or causes to be issued, the
+Ordinances necessary for the carrying out of the laws, or for the
+maintenance of the public peace and order, and for the promotion
+of the welfare of the subjects. But no Ordinance shall in any way
+alter any of the existing laws.
+
+ Article 10. The Emperor determines the organization of the
+different branches of the administration, and salaries of all
+civil and military officers, and appoints and dismisses the same.
+Exceptions especially provided for in the present Constitution or
+in other laws, shall be in accordance with the respective
+provisions (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 Japanese
+subject shall be determined by law.
+
+ Article 19. Japanese subjects may, according to
+qualifications determined in laws or ordinances, be appointed to
+civil 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, the
+house of no Japanese subject shall be entered or searched without
+his consent.
+
+ Article 26. Except in the cases mentioned in the law, the
+secrecy of the letters of every Japanese subject shall remain
+inviolate.
+
+ 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 not
+prejudicial to peace and order, and not antagonistic to their
+duties as subjects, enjoy freedom of religious belief.
+
+ Article 29. Japanese subjects shall, within the limits of
+law, enjoy the liberty of speech, writing, publication, public
+meetings and associations.
+
+ Article 30. Japanese subjects may present petitions, by
+observing the proper forms of respect, and by complying with the
+rules specially provided for the same.
+
+ Article 31. The provisions contained in the present Chapter
+shall not affect the exercises of the powers appertaining to the
+Emperor, in times of war or in cases of a national emergency.
+
+ Article 32. Each and every one of the provisions contained
+in the preceding Articles of the present Chapter, that are not in
+conflict with the laws or the rules and discipline of the Army
+and Navy, shall apply to the officers and men of the Army and of
+the 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 the
+ordinance concerning the House of Peers, be composed of the
+members of the Imperial Family, of the orders of nobility, and of
+those who have been nominated thereto by the Emperor.
+
+ Article 35. The House of Representatives shall be composed
+of members elected by the people, according to the provisions of
+the 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 law
+submitted to it by the Government, and may respectively initiate
+projects of law.
+
+ Article 39. A Bill, which has been rejected by either the
+one or the other of the two Houses, shall not be brought in again
+during the same session.
+
+ Article 40. Both Houses can make representations to the
+Government, as to laws or upon any other subject. When, however,
+such representations are not accepted, they cannot be made a
+second 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 during
+three months. In case of necessity, the duration of a session may
+be 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 session
+and prorogation of the Imperial Diet, shall be effected
+simultaneously for both Houses.
+
+ (2) In case the House of Representatives has been ordered to
+dissolve, the House of Peers shall at the same time be prorogued.
+
+ Article 45. When the House of Representatives has been
+ordered to dissolve, Members shall be caused by Imperial Order to
+be newly elected, and the new House shall be convoked within five
+months from the day of dissolution.
+
+ Article 46. No debate can be opened and no vote can be taken
+in either House of the Imperial Diet, unless not less than
+one-third of the whole number of Members thereof is present.
+
+ Article 47. Votes shall be taken in both Houses by absolute
+majority. In the case of a tie vote, the President shall have the
+casting vote.
+
+ Article 48. The deliberations of both Houses shall be held
+in public. The deliberations may, however, upon demand of the
+Government or by resolution of the House, be held in secret
+sitting.
+
+ 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 provided
+for 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 held
+responsible outside the respective Houses, for any opinion
+uttered or for any vote given in the House. When, however, a
+Member himself has given publicity to his opinions by public
+speech, by documents in print or in writing, or by any other
+similar means, he shall, in the matter, be amenable to the
+general law.
+
+ Article 53. The Members of both Houses shall, during the
+session, be free from arrest, unless with the consent of the
+House, except in cases of flagrant delicts, or of offenses
+connected with a state of internal commotion or with a foreign
+trouble.
+
+ 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 give
+their advice to the Emperor, and be responsible for it.
+
+ (2) All Laws, Imperial Ordinances, and Imperial Rescripts of
+whatever kind, that relate to the affairs of the state, require
+the countersignature of a Minister of State.
+
+ Article 56. The Privy Councillors shall, in accordance with
+the provisions for the organization of the Privy Council,
+deliberate upon important matters of State when they have been
+consulted 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 be
+conducted publicly. When, however, there exists any fear, that
+such publicity may be prejudicial to peace and order, or to the
+maintenance of public morality, the public trial may be suspended
+by provisions of law or by the decision of the Court of Law.
+
+ Article 60. All matters that fall within the competency of a
+special Court, shall be specially provided for by law.
+
+ Article 61. No suit at law, which relates to rights alleged
+to have been infringed by the illegal measures of the
+administrative authorities, and which shall come within the
+competency of the Court of Administrative Litigation specially
+established by law, shall be taken cognizance of by Court of Law.
+
+ CHAPTER VI. FINANCE
+
+ Article 62. The imposition of a new tax or the modification
+of the rates (of an existing one) shall be determined by law.
+
+ (2) However, all such administrative fees or other revenue
+having the nature of compensation shall not fall within the
+category of the above clause.
+
+ (3) The raising of national loans and the contracting of
+other liabilities to the charge of the National Treasury, except
+those that are provided in the Budget, shall require the consent
+of the Imperial Diet.
+
+ Article 63. The taxes levied at present shall, in so far as
+they are not remodelled by a new law, be collected according to
+the old system.
+
+ Article 64. The expenditure and revenue of the State require
+the consent of the Imperial Diet by means of an annual Budget.
+
+ (2) Any and all expenditures overpassing the appropriations
+set forth in the Titles and Paragraphs of the Budget, or that are
+not provided for in the Budget, shall subsequently require the
+approbation of the Imperial Diet.
+
+ Article 65. The Budget shall be first laid before the House
+of Representatives.
+
+ Article 66. The expenditures of the Imperial House shall be
+defrayed every year out of the National Treasury, according to
+the present fixed amount for the same, and shall not require the
+consent thereto of the Imperial Diet, except in case an increase
+thereof is found necessary.
+
+ Article 67. Those already fixed expenditures based by the
+Constitution upon the powers appertaining to the Emperor, and
+such expenditures as may have arisen by the effect of law, or
+that appertain to the legal obligations of the Government, shall
+be neither rejected nor reduced by the Imperial Diet, without the
+concurrence of the Government.
+
+ Article 68. In order to meet special requirements, the
+Government may ask the consent of the Imperial Diet to a certain
+amount as a Continuing Expenditure Fund, for a previously fixed
+number of years.
+
+ Article 69. In order to supply deficiencies, which are
+unavoidable, in the Budget, and to meet requirements unprovided
+for in the same, a Reserve Fund shall be provided in the Budget.
+
+ Article 70. When the Imperial Diet cannot be convoked, owing
+to the external or internal condition of the country, in case of
+urgent need for the maintenance of public safety, the Government
+may take all necessary financial measures, by means of an
+Imperial Ordinance.
+
+ (2) In the case mentioned in the preceding clause, the
+matter shall be submitted to the Imperial Diet at its next
+session, and its approbation shall be obtained thereto.
+
+ Article 71. When the Imperial Diet has not voted on the
+Budget, or when the Budget has not been brought into actual
+existence, the Government shall carry out the Budget of the
+preceding year.
+
+ Article 72. The final account of the expenditures and
+revenues of the State shall be verified and confirmed by the
+Board of Audit, and it shall be submitted by the Government to
+the Imperial Diet, together with the report of verification of
+the said board.
+
+ (2) The organization and competency of the Board of Audit
+shall of determined by law separately.
+
+ CHAPTER VII. SUPPLEMENTARY RULES
+
+ Article 73. When it has become necessary in future to amend
+the provisions of the present Constitution, a project to the
+effect 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 Members
+are present, and no amendment can be passed, unless a majority of
+not less than two-thirds of the Members present is obtained.
+
+ Article 74. No modification of the Imperial House Law shall
+be required to be submitted to the deliberation of the Imperial
+Diet.
+
+ (2) No provision of the present Constitution can be modified
+by the Imperial House Law.
+
+ Article 75. No modification can be introduced into the
+Constitution, or into the Imperial House Law, during the time of
+a 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 present
+Constitution, continue in force.
+
+ (2) All existing contracts or orders, that entail
+obligations upon the Government, and that are connected with
+expenditure, 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.)
+
+
+
+End of Project Gutenberg Etext of Previous Constitution of Japan [1889]
+
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