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33 - Outline History of Japan by Herbert Henry Gowen · Outline History of Japan

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  Speaker 1: Appendix one of an Outlying History of Japan. This is
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  Speaker 1: a LibriVox recording. All LibriVox recordings are in the public domain.
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  Speaker 1: For more information or the volunteer places at LibriVox dot org.
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  Speaker 1: Read by Claire An Outline History of Japan by Herbert
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  Speaker 1: Henry Gowan, Appendix one. Constitution of the Empire of Japan, Tokyo,
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  Speaker 1: February eleventh, eighteen eighty nine. Chapter one the Emperor. Article one.
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  Speaker 1: The Empire of Japan shall be ruled over by emperors
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  Speaker 1: of the dynasty which has reigned in an unbroken line
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  Speaker 1: of descent for AGA's past. Article two. The succession to
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  Speaker 1: the throne shall devolve upon male descendants of the Imperial
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  Speaker 1: House according to the provisions of the Imperial House Law.
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  Speaker 1: Article three. The person of the Emperor is sacred and inviolable.
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  Speaker 1: Article four. The Emperor being the head of the Empire,
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  Speaker 1: the rights of sovereignty are invested in him, and he
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  Speaker 1: exercises them in accordance with the provisions of the present Constitution.
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  Speaker 1: Article five. The Emperor exercises the legislative power with the
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  Speaker 1: consent of the Imperial di it. Article six. The Emperor
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  Speaker 1: gives sanction to laws and orders them to be promulgated
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  Speaker 1: and put into force. Article seven. The Emperor convokes the
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  Speaker 1: Imperial Diit, opens, closes, and prorogues it, and dissolves the
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  Speaker 1: House of Representatives. Article eight. In case of urgent necessity,
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  Speaker 1: when the Imperial Deit is not sitting, the Emperor, in
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  Speaker 1: order to maintain the public safety or to avert a
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  Speaker 1: public danger, has the power to issue Imperial ordinances, which
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  Speaker 1: shall take the place of laws. Such imperial ordinances shall, however,
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  Speaker 1: be laid before the Imperial Die at its next session,
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  Speaker 1: and should the Diet disapprove of the said ordinances, the
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  Speaker 1: government shall declare them to be henceforth invalid. Article nine.
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  Speaker 1: The Emperor issues or causes to be issued the ordinances
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  Speaker 1: necessary for the carrying out of the laws, or for
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  Speaker 1: the maintenance of public peace and order, and for the
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  Speaker 1: promotion of the welfare of the subjects. But no ordinance
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  Speaker 1: shall in any way alter any of the existing laws.
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  Speaker 1: Article ten. The Emperor determines the organization of the different
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  Speaker 1: branches of the administration. He fixes the salaries of all
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  Speaker 1: civil and military officers, and appoints and dismisses the same
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  Speaker 1: exceptions specially provided for in the present Constitution or in
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  Speaker 1: other laws, shall be in accordance with the respective provisions
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  Speaker 1: bearing thereon. Article eleven. The Emperor has the supreme command
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  Speaker 1: of the Army and Navy. Article twelve. The Emperor determines
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  Speaker 1: the organization and peace standing of the army and Navy.
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  Speaker 1: Article thirteen. The Emperor declares war, makes peace, and concludes treaties.
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  Speaker 1: Article fourteen. The Emperor proclaims the law of siege. The
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  Speaker 1: conditions and operation of the Law of Siege shall be
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  Speaker 1: determined by law. Article fifteen. The Emperor confers titles of nobility, rank,
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  Speaker 1: orders and other marks of honour. Article sixteen. The Emperor
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  Speaker 1: orders amnesty, pardon, commutation of punishments, and rehabilitation. Article seventeen.
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  Speaker 1: The institution of a regencies shall take place in conformity
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  Speaker 1: with the revisions of the Imperial House Law. The Regent
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  Speaker 1: shall exercise the supreme powers which belong to the Emperor
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  Speaker 1: in his name. Chapter two. Rights and Duties of Subjects
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  Speaker 1: Article eighteen. The conditions necessary for being a Japanese subject
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  Speaker 1: shall be determined by law. Article nineteen. Japanese subjects shall
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  Speaker 1: all equally be eligible for civil and military appointments and
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  Speaker 1: any other public offices. Subject only to the conditions prescribed
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  Speaker 1: in laws and ordinances. Article twenty Japanese subjects are amenable
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  Speaker 1: to service in the army or navy according to the
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  Speaker 1: provisions of law. Article twenty one. Japanese subjects are amenable
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  Speaker 1: to the duty of paying taxes according to the provisions
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  Speaker 1: of law. Article twenty two. Subject to the limitations imposed
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  Speaker 1: by law. Japanese subjects shall enjoy full liberty in regard
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  Speaker 1: to residence and change of abode. Article twenty three. No
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  Speaker 1: Japanese subjects shall be arrested, detained, tried or punished, except
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  Speaker 1: according to law. Article twenty four. No Japanese subject shall
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  Speaker 1: be deprived of right of being tried by judges determined
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  Speaker 1: by law. Article twenty five, Except in the cases provided
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  Speaker 1: for in the law, the house of no Japanese subjects
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  Speaker 1: shall be entered or searched without his permission. Article twenty six,
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  Speaker 1: accepting cases provided for in the law. The secrecy of
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  Speaker 1: the letters of Japanese subjects shall not be violated. Article
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  Speaker 1: twenty seven. The rights of property of Japanese subjects shall
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  Speaker 1: not be violated. Such measures, however as may be rendered
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  Speaker 1: necessary in the interests of the public welfare, shall be
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  Speaker 1: taken in accordance with the provisions of the law. Article
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  Speaker 1: twenty eight. Japanese subjects shall, within limits not pudictional to
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  Speaker 1: peace and order and not antagonistic to their duties. As subjects,
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  Speaker 1: enjoy freedom of religious belief. Article twenty nine. Japanese subjects shall,
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  Speaker 1: within the limits of the law, enjoy liberty in regard
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  Speaker 1: to speech, writing, publication, public meetings, and associations. Article thirty
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  Speaker 1: Japanese subjects may present petitions, provided that they observe the
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  Speaker 1: proper form of respect and comply with the rules specially
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  Speaker 1: provided for such matters. Article thirty one. The provisions contained
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  Speaker 1: in the present Chapter shall not interfere with the exercise
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  Speaker 1: in times of war or in case of national emergency
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  Speaker 1: of the Supreme powers which belong to the Emperor. Article
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  Speaker 1: thirty two. Each and every one of the provisions contained
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  Speaker 1: in the preceding articles of the present Chapter shall, in
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  Speaker 1: so far as they do not conflict with the laws
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  Speaker 1: or the rules and discipline of the Army and Navy,
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  Speaker 1: apply to the officers and men of the Army and
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  Speaker 1: of the Navy. Chapter three The Imperial Diet. Article thirty three.
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  Speaker 1: The Imperial Diet shall consist of two houses, the House
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  Speaker 1: of Peers and the House of Representatives. Article thirty four.
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  Speaker 1: The House of Peers shall, in accordance with the Ordinance
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  Speaker 1: concerning the House of Peers, be composed of members of
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  Speaker 1: the Imperial Family of nobles and of deputies who have
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  Speaker 1: been nominated by the Emperor. Article thirty five. The House
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  Speaker 1: of Representatives shall be composed of members elected by the
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  Speaker 1: people according to the provisions of the Law of Election.
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  Speaker 1: Article thirty six. No one can at one and the
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  Speaker 1: same time be a member of both houses. Article thirty seven.
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  Speaker 1: Every law requires the consent of the Imperial Diet. Article
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  Speaker 1: thirty eight. Both houses shall vote upon projects of law
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  Speaker 1: brought forward by the Government, and may respectively bring forward
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  Speaker 1: projects of law. Article thirty nine. A bill which has
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  Speaker 1: been rejected by either of the houses shall not be
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  Speaker 1: again brought in during the same session. Article forty Both
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  Speaker 1: houses can make recommendations to the Government in regard to
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  Speaker 1: laws or upon any other subject. When, however, such recommendations
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  Speaker 1: are not adopted, they cannot be made a second time
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  Speaker 1: during the same session. Article forty one. The Imperial Diet
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  Speaker 1: shall be convoked every year. Article forty two. A session
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  Speaker 1: of the Imperial Diet shall last during three months. In
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  Speaker 1: case of necessity, a duration of a stat session may
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  Speaker 1: be prolonged by Imperial Order Article forty three. When urgent
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  Speaker 1: necessity arises, an extraordinary session may be convoked in addition
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  Speaker 1: to the ordinary one. The duration of an extraordinary session
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  Speaker 1: shall be determined by Imperial Order Article forty four. With
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  Speaker 1: regard to the opening, closing, and propagation of the Imperial
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  Speaker 1: Diet and the prolongation of its sessions, these shall take
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  Speaker 1: place simultaneously in both houses. Should the House of Representatives
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  Speaker 1: be ordered to dissolve, the House of Peers shall at
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  Speaker 1: the same time be prorogued Article forty five. When the
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  Speaker 1: House of Representatives has been ordered to dissolve, the election
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  Speaker 1: of new members shall be ordered by Imperial decree, and
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  Speaker 1: the new House shall be convoked within five months from
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  Speaker 1: the day of dissolution. Article forty six. No debate can
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  Speaker 1: be opened and no vote can be taken in either
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  Speaker 1: House of the Imperial Diet unless not less than one
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  Speaker 1: third of the whole number of the members thereof is present.
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  Speaker 1: Article forty seven. Votes shall be taken a both houses
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  Speaker 1: by absolute majority. In the case of a tie vote,
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  Speaker 1: the President shall have the casting vote. Article forty eight.
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  Speaker 1: The deliberation of both Houses shall be held in public.
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  Speaker 1: The deliberations may, however, upon demand of the Government or
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  Speaker 1: by resolution of the House, be held in secret sitting.
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  Speaker 1: Article forty nine. Both houses of the Imperial Deeit may
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  Speaker 1: respectively present addresses to the Emperor. Article fifty Both Houses
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  Speaker 1: may receive petitions presented by subjects. Article fifty one. Both
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  Speaker 1: Houses may enact, besides what is provided for in the
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  Speaker 1: present Constitution and in the Law of the Houses, rules
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  Speaker 1: necessary for the management of their internal affairs. Article fifty two.
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  Speaker 1: No member of either House shall be held responsible outside
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  Speaker 1: the respective houses for any opinion uttered, or for any
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  Speaker 1: vote given by him in the House. When, however, a
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  Speaker 1: member himself has given publicity to his opinions by public speech,
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  Speaker 1: by documents in print or in writing, or by any
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  Speaker 1: other means, he shall, as regards such actions, be amenable
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  Speaker 1: to the general Law. Article fifty three. The members of
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  Speaker 1: both Houses shall during the session be free from arrest
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  Speaker 1: unless with the permission of the House, except in cases
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  Speaker 1: of flagrant derelcts or of offenses connected with civil war
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  Speaker 1: or foreign troubles. Article fifty four. The Minister of State
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  Speaker 1: and persons deputed for that purpose by the Government may
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  Speaker 1: at any time take seats and speak in either House.
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  Speaker 1: Chapter four the Ministers of State and the Privy Council
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  Speaker 1: Article fifty five. The respective Ministers of State shall give
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  Speaker 1: their advice to the Emperor and be responsible for it.
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  Speaker 1: All laws, public ordinances, and imperial rescripts of whatever kind
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  Speaker 1: that relate to the affairs of the State require the
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  Speaker 1: counter signature of a Minister of State. Article fifty six.
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  Speaker 1: The Privy Council shall, in accordance with the provisions for
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  Speaker 1: the organization of the Privy Council, deliberate upon the important
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  Speaker 1: matters of state when they have been consulted by the Emperor.
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  Speaker 1: Chapter five the Juni. Article fifty seven. Judicial powers shall
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  Speaker 1: be exercised by the courts of law according to law
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  Speaker 1: in the name of the Emperor. The organization of the
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  Speaker 1: courts of law shall be determined by law. Article fifty eight.
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  Speaker 1: The judges shall be appointed from among those who possess
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  Speaker 1: the proper qualifications determined by law. No judge shall be
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  Speaker 1: dismissed from his post except on the ground of sentence
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  Speaker 1: having been passed upon him for a criminal act, or
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  Speaker 1: by reason of his having been subjected to punishment for
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  Speaker 1: disciplinary offense. Rules for disciplinary punishment shall be determined by law.
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  Speaker 1: Article fifty nine. Trials shall be conducted and judgments rendered publicly. When, however,
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  Speaker 1: there exists any fear that such publicity may be prejudicial
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  Speaker 1: to peace and order or to the maintenance of public morality,
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  Speaker 1: the public trial may be suspended, either in accordance with
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  Speaker 1: the law bearing on the subject, or by the decision
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  Speaker 1: of the court concerned. Article sixty Matters which fall within
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  Speaker 1: the competency of the special courts shall be specifically determined
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  Speaker 1: by law Article sixty one. The courts of Law shall
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  Speaker 1: not take cognizance of any suits which arise out of
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  Speaker 1: the allegations that rights have been infringed by illegal action
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  Speaker 1: on the part of the executive authorities, and which fall
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  Speaker 1: within the competency of the Court of Administrative Litigation, specially
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  Speaker 1: established by Law Chapter six Finance, Article sixty two. The
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  Speaker 1: imposition of a new tax or the modification of the
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  Speaker 1: rates of an existing one, shall be determined by law. However,
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  Speaker 1: all such administrative fees or other revenue as are in
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  Speaker 1: the nature of compensation for services rendered shall not fall
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  Speaker 1: within the category of the above clause. The raising of
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  Speaker 1: national loans and the contracting of other liabilities to the
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  Speaker 1: charge of the National Treasury, except those that are provided
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  Speaker 1: in the budget, shall require the consent of the Imperial
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  Speaker 1: de It. Article sixty three. Existing taxes shall, in so
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  Speaker 1: far as they are not altered by new laws, continue
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  Speaker 1: to be collected as heretofore. Article sixty four. The annual
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  Speaker 1: expenditure and revenue of the State shall, in the form
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  Speaker 1: of an annual budget, receive the consent of the Imperial DEAs.
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  Speaker 1: Any expenditure which exceeds the appropriations set forth under the
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  Speaker 1: various heads of the budget, or those not provided for
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  Speaker 1: in the budget, shall be referred subsequently to the Imperial
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  Speaker 1: Diet for its approval. Article sixty five. The budget shall
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  Speaker 1: first be laid before the House of Representatives. Article sixty six.
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  Speaker 1: The expenditure and respect of the Imperial House shall be
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  Speaker 1: defrayed every year out of the National Treasury according to
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  Speaker 1: the present fixed amount for the same, and shall not
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  Speaker 1: hereafter require the consent there too of the Imperial die
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  Speaker 1: except in case an increase thereof is found necessary. Article
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  Speaker 1: sixty seven. The fixed expenditure, based upon the supreme powers
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  Speaker 1: of the Emperor and set forth in this Constitution, and
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  Speaker 1: such expenditure as may have arisen by the effect of law,
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  Speaker 1: or as appertains to the legal obligations of the Government,
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  Speaker 1: shall be neither rejected nor reduced by the Imperial Diet
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  Speaker 1: without the concurrence of the Government. Article sixty eight. In
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  Speaker 1: order to meet special requirements, the Government may ask the
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  Speaker 1: consent of the Imperial Diate to a certain amount as
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  Speaker 1: a continuing expenditure fund for a previously fixed number of
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  Speaker 1: years Article sixty nine. In order to supply unavoidable deficits
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  Speaker 1: in the budget and to meet requirements unprovided for, and
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  Speaker 1: the same a reserve fund shall be established Article seventy
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  Speaker 1: When there is urgent need for the adoption of measures
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  Speaker 1: for the maintenance of the public safety, and when in
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  Speaker 1: consequence of the state, either of the domestic affairs or
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  Speaker 1: of the foreign relations, the Imperial Diet cannot be convoked,
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  Speaker 1: the necessary financial measures may be taken by means of
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  Speaker 1: an Imperial Ordinance. In such cases as those mentioned in
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  Speaker 1: the preceding clause, the matter shall be submitted to the
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  Speaker 1: Imperial die at its next session for its approval. Article
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  Speaker 1: seventy one. When the Imperial Diet has not voted on
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  Speaker 1: the budget, or when the budget has not been brought
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  Speaker 1: into actual existence, the government shall carry out the budget
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  Speaker 1: of the preceding year. Article seventy two. The final account
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  Speaker 1: of the expenditure and revenue of the State shall be
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  Speaker 1: verified and confirmed by the Board of Audit, and it
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  Speaker 1: shall be submitted by the Government to the Imperial Diate,
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  Speaker 1: together with a report of verification of the said board.
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  Speaker 1: The organization and competency of the Board of Audit shall
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  Speaker 1: be determined by law separately. Chapter seven Supplementary Rules. Article
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  Speaker 1: seventy three. Should hereafter the necessity arise for the amendment
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  Speaker 1: of the provisions of the present Constitution, a project to
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  Speaker 1: that effect shall be submitted for the deliberation of the
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  Speaker 1: Imperial Diet by Imperial order. In the above case, neither
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  Speaker 1: House can open a debate unless not less than two
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  Speaker 1: thirds of the whole number of members are present, and
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  Speaker 1: no amendment can be passed unless the majority of not
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  Speaker 1: less than two thirds of the members present is obtained.
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  Speaker 1: Article seventy four. No modification of the Imperial House Law
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  Speaker 1: shall be required to be submitted for the deliberation of
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  Speaker 1: the Imperial Diate. No provision of the present Constitution can
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  Speaker 1: be modified by the Imperial House Law Article seventy five.
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  Speaker 1: No modification can be introduced into the Constitution or into
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  Speaker 1: the Imperial House Law during the time of a regency.
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  Speaker 1: Article seventy six. Existing legal enactments, such as laws, regulations
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  Speaker 1: and ordinances, and all other such enactments, by whatever names
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  Speaker 1: they may be called, which do not conflict with the
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  Speaker 1: present Constitution shall continue in force. All existing contracts or
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  Speaker 1: orders which entail obligations upon the Government and which are
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  Speaker 1: connected with the expenditure shall come within the scope of
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  Speaker 1: Article sixty eight. End of Appendix one