A Handbook of Modern JapanClement, Ernest W. (Ernest Wilson)
History
A Handbook of Modern Japan
Clement, Ernest W. (Ernest Wilson)
Japan
The Japanese Constitution has very appropriately been called “the
Magna Charta of Japanese liberty.” It was not, however, like the famous
English document, extorted by force from an unwilling monarch and a
cruel tyrant, but was voluntarily granted by a kind and loved ruler at
the expense of his inherited and long-established rights. The present
Emperor holds the throne according to the native tradition, perpetuated
even in the language of the Constitution, by virtue of a “lineal
succession unbroken for ages eternal.” But even though rigid criticism
compels us to reject as more or less mythological the so-called
“history” of about 1,000 years; and although Yoshihito, therefore, may
not be really the 123d ruler of the line from the Japanese Romulus
(Jimmu), nevertheless he remains the representative of the oldest
living dynasty in the world. If, then, time is a factor in confirming
the claims and rights of a ruler, no king or emperor of the present day
has a better title. And his father, born and bred in the atmosphere of
Oriental absolutism and despotism, “in consideration of the progressive
tendency of the course of human affairs, and in parallel with the
advance of civilization,”[90] voluntarily and generously admitted his
people to a share in the administration of public affairs.
That important document, which signed away such strongly acquired
and inherited prerogatives, at the outset, however, seems far from
generous. The Emperor, “sacred and inviolate,” is “the head of the
empire,” combining in himself the rights of sovereignty; but he
“exercises them according to the provisions of the Constitution.” It is
only “in consequence of an urgent necessity to maintain public safety
or to avert public calamities,” that the Emperor, “when the Imperial
Diet is not sitting,” may issue “Imperial Ordinances in place of law.”
But these ordinances must be approved by the Imperial Diet at its next
session, or become “invalid for the future.” To the Emperor is reserved
the function of issuing ordinances necessary for carrying out the laws
passed by the Diet or for the maintenance of public peace and order;
but “no Ordinance shall in any way alter any of the existing laws.”
The Emperor also determines the organization of the various branches
of the government, appoints and dismisses all officials, and fixes
their salaries. Moreover, he has “the supreme command of the army and
navy,” whose organization and peace standing he determines; “declares
war, makes peace, and concludes treaties”; “confers titles of nobility,
rank, orders, and other marks of honor”; and “orders amnesty, pardon,
commutation of punishments and rehabilitation.”
Public-domain text, read in full here on John Shaqi.
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