"First, that the ministers of state are charged with the duty of giving
advice to the emperor, which is their proper function, and that they are
not held responsible on his behalf; second, that ministers are directly
responsible to the emperor and indirectly to the people; third, that it
is the sovereign and not the people that can decide as to the
responsibility of ministers, because the sovereign possesses the rights
of sovereignty of the state; fourth, that the responsibility of
ministers is a political one and has no relation to criminal or civil
responsibility, nor can it conflict therewith, neither can the one
affect the other. Save that all criminal or civil cases must be brought
before the ordinary courts of law, and that suits arising out of
administrative matters must be brought before a court of administrative
litigation, the cases of political responsibility are left to be dealt
with by the sovereign as disciplinary measures." The marquis further
emphatically repudiates the theory of joint responsibility of the
cabinet as a state of things that can never be approved of according to
the Japanese Constitution. The argument here again is that the ministers
are individually appointed by the sovereign, to whom they are
individually responsible for the business of their respective
departments, and that for the same reason the minister president, or
premier, cannot have control over the post of each minister, nor shall
the latter be dependent upon the former. The reader will readily see
that the whole line of Itō's argument is consistent with the fundamental
theory of the Japanese body politic, that is, the full sovereignty of
the emperor. No one can, however, fail to perceive between the lines
here quoted a great latitude for the future growth of another theory
whose gradual expansion might, imperceptibly, perhaps, but none the less
steadily, reduce the political responsibility of the minister to the
throne to the position of a mere legal fiction. As has already been
intimated, the past changes of the cabinet have not always been directly
occasioned by the opposition of the diet, nor has the majority of the
opposition in the lower house newly elected after its dissolution always
forced the ministers from their chairs. As will be seen in the next
chapter, the second Yamagata cabinet (1898-1900) resigned despite its
commanding a majority in the diet, and was succeeded by the fourth Itō
cabinet (1900-1901), which also retired for reasons quite independent of
the conditions of the legislative chambers, where it had the following
of an absolute majority of the representatives. On the other hand,
nearly all of the eight changes of the cabinet have been caused by
difficulties more or less financial in nature, and these are, it will be
remembered, under the effective control of the lower house, so that the
"indirect" responsibility of the cabinet to the diet already bids fair
to become more logical and perhaps less indirect. Moreover, the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account