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FOR PUBLIC DOMAIN ETEXTS*Ver.04.29.93*END* + + + + + + 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] + |