universally and enthusiastically supported by the people, that "the
empire of Japan shall be reigned over and governed by a line of emperors
unbroken for ages eternal." From his sovereign powers it follows that
the emperor sanctions laws and orders them to be promulgated and
executed (VI.), convokes, opens, closes, and prorogues the imperial
diet, and dissolves the house of representatives (VII.), issues imperial
ordinances in the place of laws, in case of emergency, even about
financial matters, and also administrative ordinances, which shall not
alter the existing laws (VIII., XXXI., and IX.), appoints and dismisses
civil and military officers (X.), has the supreme command of the army
and navy, and determines the organization of their peace standing (XI.,
XII.), declares war, makes peace, and concludes treaties (XIII.),
confers titles of nobility, rank, orders, and other marks of honor
(XV.), and orders amnesty, pardon, commutation of punishments and
rehabilitation (XVI.), and no amendment of the provisions of the
Constitution shall be attempted by the diet except by imperial order
(LXXIII.).
It should be remembered that the enumeration of these extensive
prerogatives by no means indicates a limitation to the rights of the
emperor. Whatever rights he does not name he as sovereign may, in
theory, exercise. Yet he is assisted by other institutions, the privy
council, the cabinet, and the diet, to which he has made important
concessions. While the emperor controls the appointment, dismissal, and
payment of officers (X.), determines the organization of the peace
standing of the army and navy (XII.), and declares war and makes peace
(XIII.), how could he exercise these powers if the consent of the diet,
which is required for the expenditure and revenue of the state (LXIV.),
were withheld? The diet controls not only the purse, but also
legislation, for while it is stated that the emperor exercises the
legislative power with the consent of the diet (V.), the residuum of
that power vested in him independently of the diet is reduced almost to
_nil_ when it is said, in Article XXXI., that every law requires the
consent of the imperial diet. He may, indeed, if the diet is not
fitting, issue imperial ordinances for emergency, but they lose their
legal force as soon as the diet disapproves them at its next session
(VII.). As against the article that the emperor convokes, opens, closes,
and prorogues the diet, and dissolves the lower house (VII.), stands the
provision that the diet shall be convoked annually for three months
(XLI. and XLII.). Nor is the emperor's executive power unlimited, for
all laws, imperial ordinances and imperial rescripts, that relate to the
affairs of the state, require the countersignature of a minister of
state (LV.). The share of the emperor is least in the business of the
judiciary, the entire judicature being exercised by the courts of law,
the procedure and organization of which are determined by law (LVII.).
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