Now, passing on to the imperial diet, it is observed that the
theoretical view of its legislative capacity is that with its consent
the emperor exercises his legislative power (V.), or, in the words of
the commentator, that the diet "takes part in legislation, but has no
share in the sovereign power; it has power to deliberate upon laws, but
none to determine them." This theoretical definition, however, should
not be taken as a practical limitation imposed upon the legislative
power of the diet, for, it will be remembered, every law of the state
must have its consent (XXXIII.), and it may disapprove imperial
ordinances issued while it was not in session (VIII.). Over and above
its legislative faculty, also, the diet enjoys four important rights:
the right to receive petitions directly from the people, the right to
put questions to the government and demand explanations, the right to
address the throne over the heads of the cabinet ministers, and, the
most effective of all, the right to control the management of the
finances. It is needless to say that the practical issue of conflict
must always lie, not between the diet and the emperor, but between the
diet and the government.
The diet consists of two houses, namely, of the peers and of the
representatives. The importance of the bicameral system is strongly
insisted upon by the commentator of the Constitution. The house of peers
is composed of the members of the imperial family and princes and
marquises, who sit of their own right; counts, viscounts, and barons,
who have been elected by their respective peers; persons who have been
specially nominated by the emperor on account of the meritorious
services they have rendered to the state or on account of their
erudition; and, finally, wealthy persons who have been elected, one
member for each city or prefecture, by the people of their own class.
All hold their seats for life, except the elected members, whose term is
seven years.
Public-domain text, read in full here on John Shaqi.
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