been lacking for the above desire to take a definite shape. Such
knowledge was, however, soon acquired, as we are told by Itō himself,
when the Japanese embassy, of which he was a member, visited the
principal constitutional countries of Europe and America, and saw with
their observant eyes and were convinced that the comparative progress of
these nations and the relative backwardness of their own were in a large
measure due to the presence in the former and absence in the latter of a
regular constitutional machinery of government. The imperial oath
preceded by at least ten years, and the journey of the embassy by seven
years, the inauguration of party life in Japan. Nor should it be
forgotten that, during the long centuries of its existence, the imperial
house of Japan had seldom proved to be despotic, and, when its real
authority was restored in 1867 from the hands of the feudal overlord,
the movement had been started, not by a powerful imperial army, which
did not exist, but by the combined strength of men rising from all ranks
of the nation at large. While it is true that without the awakening of
the nation the Constitution would never have seen light, it was more
truly granted by the emperor and his advisers than wrested from them.
This fact, that the Constitution was granted by the emperor, may be said
to be the keynote of that remarkable document. It was hardly the result
of a compromise between the emperor and the nation. Still less did it
delegate to the former a part of the sovereignty of the latter. The
emperor, in the Japanese Constitution, assumes full sovereignty, and
graciously associates with him representatives of the nation in the
government of the country. The people are, therefore, not givers, but
receivers, of certain rights, the concession of which, however, does not
diminish the sovereignty vested in the emperor. This fundamental notion
clearly characterizes from beginning to end this document of 1889,
which, as we shall see later on, otherwise contains ambiguous and
expansive passages at a few critical points. "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 IV.) Whence does he derive his power? He is "sacred and
inviolable" (Article III.), as he is--says Itō, the framer and
commentator of the Constitution--Heaven-descended, divine, and sacred,
and, though he indeed has to pay due respect to the law, the law has no
power to hold him accountable to it. "The rights of sovereignty of the
state," says the emperor himself in the Preamble of the Constitution,
"We have inherited from Our Ancestors," who, according to tradition,
charged their descendants to reign over and govern the country for
eternity. Upon this peculiar Japanese theory of the divine right of the
emperor is based the noted Article I. of the Constitution, which merely
states in words the principle which has been upheld in history and is
Public-domain text, read in full here on John Shaqi.
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