Constitution of Japan

“ If the Japanese Parliament ever returns to its old turbulent and boisterous humours, and insists upon governing instead of controlling, and if its irreconcilable Opposition incurs the risk of compromising the interests of the country, it is not at all improbable that the Constitution may be seriously embarrassed by a series of crises, but at present there is not much chance of exceptional measures creating any serious trouble. ”

“ Whether she would repel or receive the foreigner, Japan must present a united front. To this end, great change in the internal constitution of the empire was needed; the internal resources of the nation had to be gathered into a common treasury; the police and the taxes had to be recognized as national, not as belonging to petty local chieftains; the power of the feudal lords had to be broken in order to reconstitute Japan as a single strong state under a single head. ”

“ The Japanese point proudly to this Constitution as the only charter of its kind voluntarily given by a sovereign to his subjects. In other countries such concessions were always the outcome of long and often bloody struggles between ruler and ruled. In Japan the Emperor freely divested himself of a portion of his prerogatives and transferred them to the people. ”

“ In 1890 a constitution was granted to Japan by the emperor, and a few months later legislative bodies for the first time began deliberation in Tokio. The powers of this parliament are constantly increasing. The war between China and Japan has been a strong influence to weld the people of opposing political faiths into harmony, and in parliament conservatives and radicals alike have risen in patriotism, and have been glad to cast votes for every measure that would hold up the hands of those who were bearing the battles. ”

“ The Constitution cannot be amended unless a project to that effect is submitted by imperial order to the Imperial Diet. Then, in neither House, can an amendment be debated unless two-thirds of its members are present; and no amendment can be passed unless two-thirds of the members present approve. [12] Ito explains why the Diet cannot initiate an amendment by saying that "the right of making amendments to the Constitution must belong to the Emperor Himself, as He is the sole author of it." ”

“ True it is that in Japan also there are several political parties, but the Government is not 'a party government' as it is in England or America. In that respect the Government of Japan most resembles that of Germany. According to the constitution, the Ministers of State are responsible only to the Emperor, but every practical statesman knows that no government can be satisfactorily carried on without concurrence of the Diet so long as there is such a body, and therefore in Japan, also, every Ministry has to do its best to count on such good relations with the parties as it can secure ”

“ Unquestioning, implicit obedience is the duty of all subjects. But the present emperor, who is a liberal-minded monarch, has graciously given his people a voice in the government. In 1889 the constitution was promulgated, which laid the foundation for a new order of things. It established the Diet, consisting of two houses, and gave many rights to the people, including local self-government, within certain limits. The franchise is so limited in Japan that a man must annually pay a stipulated amount of tax before he can either vote or run for office. ”

“ The people as a whole must be educated up to the point where they could understand and appreciate, not only political rights and privileges, but also political duties and responsibilities. Fukuzawa, the great Commoner of Japan, once wrote as follows:
Owing to the peculiar customs which have for so long existed, we are not at all sensitive about our privileges and our rights.
The Japanese people needed to be gradually educated up to an appreciation of popular rights and duties. Thus the Constitution was to be, in a sense, the school-master to lead them to Constitutionalism. ”

“ In the course of legislative action upon this matter, it is incumbent upon the Diet that it assure to all members the free, fair and untrammelled right of discussion and debate, and that it give thoughtful consideration to every suggestion offered by its membership, regardless of strength or party affiliation. If it approach its task with that high sense of duty, it will serve the nation well, as on the issue of a democratic constitution rests the future well-being of the Japanese people. ”

“ We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. ”

“ This state of things is due, amongst others, to the liberal administration of the Imperial régime. The press, speech, and right of meeting are for all practical purposes entirely free. Personal freedom is guaranteed by the constitution. Taxes are levied, but no abuse of authority is known. The people at large have no real grounds of complaint or grievance against the Government as such, and have absolutely none against the Emperor. Moreover, Japan knows no difficulty in matters of religion, and consequently no party based upon religious notions exists to give trouble to Government. ”

“ Japan stands before the world as a champion of “the equality and fraternity of all races.” The so-called “Yellow Peril” is a myth, a fantasy, a delusion; the reality is to be found in the “Golden Opportunity” to win the Orient for Christ through Japan’s leadership.
H. E. Count Katsura, in his official capacity as Prime Minister and speaking in the name of His Majesty the Emperor, has given assurances that the “Yellow Peril” is a myth, and that the religious liberty guaranteed in the Japanese constitution is to be enforced. ”

“ Working of Representative Government—Stormy Proceedings in Diet—Legal and Judicial Reform—Political Rowdyism—Fusion of Classes. The simultaneous creation in Japan of a Parliament and a Constitution offers a contrast to the sequence of political history elsewhere. There is no essential connection between the two. Some countries have enjoyed parliamentary rights of various kinds before being endowed with Constitutions. In others, again, the order of precedence has been reversed. ”

“ The fundamental conception of the Constitution being such as we have described, it would appear as if the political life of Japan must in a large measure depend upon the personal views and inclinations of the emperor, to say nothing of those of his ministers. ”

“ The makers of new Japan understood that so long as the sanctity and inviolability of the Imperial Prerogatives could be preserved, the nation would be held by a strong anchor from drifting into dangerous waters. They laboured under no misapprehension about the inevitable issue of their work in framing the Constitution. They knew very well that party cabinets are an essential outcome of representative institutions, and that to some kind of party cabinets Japan must come. ”

“ The conditions necessary for being a Japanese national shall be determined by law.
Article 11. The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights. ”

“ A nation that in the process of its evolution draws upon others so freely as Japan has done inevitably imbibes ideas which affect its whole outlook on the world. What happened in early days, when Japan adopted the written language, ethics, and administrative system of China, occurred again, though in a lesser degree, when she became the pupil of Germany in matters 275relating to administration, law and military science. Thus the Constitution itself, framed, as we have seen, on a German model, reserved all real power in important matters of State to the Crown ”

“ 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. ”

“ 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. ”

“ Neither the Japanese Constitution nor the Electoral Law makes any provision for the representation of minorities, that aim of so many well-meaning persons in different countries. In Japan the majority rules as everywhere, and minorities must submit.
Manhood suffrage is not yet a fait accompli in Japan. Under the present law to qualify a Japanese subject to exercise the franchise he must pay 15 yen (about 30s.) or more, indirect taxation. Only a Japanese subject can vote at elections. ”

“ A special law, applicable to one local public entity, cannot be enacted by the Diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.
CHAPTER IX. AMENDMENTS Article 96. Amendment to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification which shall require the affirmative vote of a majority of all votes cast thereon, at special referendum or at such election as the Diet shall specify. ”

“ The Ministers of State, members of the House of Representatives and judges in office on the effective date of this Constitution, and all other public officials who occupy positions corresponding to such positions as are recognized by this Constitution shall not forfeit their positions automatically on account of the enforcement of this Constitution unless otherwise specified by law. When, however, successors are elected or appointed under the provisions of this Constitution, they shall forfeit their positions as a matter of course. ”

“ Ye, Our subjects, be filial to your parents, affectionate to your brothers and sisters; as husbands and wives be harmonious, as friends true; bear yourselves in modesty and moderation; extend your benevolence to all; pursue learning and cultivate arts, and thereby develop intellectual faculties and perfect moral powers; furthermore advance public good and promote common interests; always respect the Constitution and observe the laws ”

“ Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. ”

“ It is probably true that the great mass of the Japanese care very little, if any, whether their government is an absolute or a constitutional monarchy; know scarcely anything about the cabinet, the Imperial Diet, the new codes, and such things; and are contented with the old customs, costumes, ceremonies, and religions. They are not like that Irishman who, when he was asked, immediately upon landing in New York, to which party he belonged, promptly replied, “I’m agin the government.” The common people of Japan go to the other extreme and are always “for the government” ”

“ The prerogatives of the Crown had to be secured from excessive interference by the governed,—the government must be absolutely free to employ all the nation’s resources. Without this clear perception of the attributes of sovereignty at the outset, it might have been difficult to have brought all Japan’s strength to bear in the critical situations which have in later years arisen. As matters stand, however, the direct rule of the sovereign, though in some respects the idea of limited monarchy is preserved, remains practically unfettered, and the supreme control rests in the Emperor’s own hands. ”

“ Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity, and a citizen of California by [p243] residence. No claim is made that he is not loyal to this country. There is no suggestion that, apart from the matter involved here, he is not law-abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived.
Even more unusual is the series of military orders which made this conduct a crime. ”

“ The present Japanese Ministers have not the confidence of the people. Whenever they go out of their own houses, they are obliged to employ four or five policemen with two-handed swords and pistols to protect their persons. Such a government as this, has no right to enter into a treaty, doing away with the most important rights of an independent nation, with European powers. ”

“ The provisions of Article 13 shall not grant copyright to a work falling under any of the following categories:
the Constitution and other laws and regulations; public notices, instructions, circular notices and the like issued by organs of the State or local public entities, incorporated administrative agencies or local incorporated administrative agencies; judgments, decisions, orders and decrees of courts, as well as rulings and judgments made by government agencies in proceedings of a quasi-judicial nature ”