Nevertheless there does not appear to be any good and valid reason why
a Constitution should not be as clearly defined as an Act of
Parliament. Undefined Constitutions have worked well at certain
periods when there was a tacit general consent as to their meaning,
but they have not always been able to withstand the strain of fierce
controversy and the coming into existence of factors which were
undreamt of when these Constitutions were originally evolved, and
definitions or additions or amendments thereto have, accordingly,
become necessary.
The promulgation of a Constitution for Japan in February, 1889, was an
event of great interest to the civilised world. There were, of course,
at the time a large number of persons who prophesied that this
Constitution would go the way of many others that had preceded
it--that it would, in fact, be found unworkable and, being so found,
Constitutional Government in Japan would eventuate, as it had
elsewhere, in the resumption of autocratic rule as the only
alternative to anarchy. It is pleasing to be able to record that these
prophecies have, after nearly eighteen years' experience, not been
fulfilled, and that the Japanese Constitution, well thought out and
devised as it was, seems not only likely to endure but is admirably
adapted to all the circumstances and needs of the country.
In order to fully comprehend the events that gradually led up to the
establishment of Constitutional government in Japan, and the precise
place of the Crown and aristocracy in that government, it is, I think,
essential to make a rapid review of past events in that country.
In ancient times the Mikado was both the civil ruler and the military
leader of his people. Under him there were exercising authority
throughout the land about 150 feudal lords. Feudalism of one kind or
another prevailed in Japan until 1868. Towards the end of the
sixteenth century the feudal principle was apparently on the decline.
In the year 1600, however, Tokagawa Iyoyasu, with an army composed of
the clans of the east and north defeated the combined forces of those
of the west and south at the battle of Sakigahara and proclaimed
himself Shogun. The feudal lords of the various clans throughout the
country then became his vassals and paid homage to him. The Tokagawa
family practically governed the country till the Revolution of 1868,
when the present Emperor took the reins of government into his own
hands and finally abolished feudalism and with it the authority of the
Daimios. Many persons even now believe that the Shogun, or Tycoon as
he was usually called in Europe, was a usurper. As a matter of fact he
received investiture from the Mikado, and his authority was, nominally
at any rate, a derived one. At the same time there is no doubt that
the real power of the State was in his hands while the _de jure_ ruler
lived in the capital in complete seclusion surrounded by all the
appanages and ceremonial of royalty.
Public-domain text, read in full here on John Shaqi.
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