The Constitution of the Great Japanese Empire, Japan's first constitution based on modern constitutionalism, was promulgated on February 11, 1889 (the 22nd year of Meiji), and in 1890（Meiji 23 years).In many cases, the Constitution is also called the Meiji Constitution or the Imperial Constitution.Compared with the current effective《Constitution of Japan》Correspondingly, it is also often called the "old constitution".This Constitutionito hirobumi After the foreign investigation by the EmperorKuroda Kiyotaka Released by the Prime Minister himself, namely“A written constitution”。The constitution marks the beginning of Japan's limited constitutional rule.
Chinese name
Constitution of the Great Japanese Empire
Foreign name
The Constitution of the Great Japanese Empire (Dar い に ほ ん い こ く け ん ぽ)
Alias
Meiji Constitution, Imperial Constitution, Old Constitution
With the implementation of various reform measures of the Meiji Restoration in Japan, the old national system has undergone fundamental changes.
oneQingyingOctober 14, 1867,Tokugawa Yoshinobu towardsEmperor of JapanPropose to return the ruling power, and get permission the next day (historical title“Return the Great Policy”）。On December 9 of the same year, the shogunate system was abolished, and the modern bureaucratic system with the Mikado as the core was established.Since then, the political system of Japan has evolved from the symbolic rule of the monarch to the direct rule of the monarch with the modern bureaucracy as the auxiliary tool.This was officially confirmed in Article 10 of the Constitution of the Great Japanese Empire of 1889, which was later published.
2. In the second year of Meiji (1869), with the implementation of the return of the edition, the vassal lords (vassal lords) all handed over their land and the rule of the people to the emperor.Since then, the state has not passed through the vassals, but directly exercised its domination over land and people (includinglegislative power、executive power、jurisdiction）(Completed in the fourth year of Meiji (1871)Abolish vassals and establish counties）。Since then, Articles 1 and 4 of the Constitution of the Great Japanese Empire in 1889 have confirmed that the ruling power of the country is controlled by the emperor.
3. With the implementation of the return of the edition, the feudal system of the vassals was gradually overthrown.People are no longer tied to the land.In this regard, Article 22 of the Constitution of the Great Japanese Empire in 1889 clearly stipulates that subjects have the freedom to live and move.
4. The Meiji government transformed the ministers and princes intoChinese people, transform the samurai into gentry.Later, in the fourth year of Meiji era (1871), the official duties of the gentry were relieved and they were given the freedom to engage in agriculture, industry and commerce. At the same time, it was stipulated that ordinary civilians could also hold public office.In the fifth year of Meiji (1872), Japan carried out the conscription system, implemented the principle of all the people are soldiers, and abolished the military monopoly of the gentry.Since then, the privileges of the specific samurai class have been abolished (Article 19 of the Constitution of the Great Japanese Empire in 1889 stipulates the equal right of the people to engage in public service, and Article 20 stipulates the military service system).However, after the establishment ofImperial ParliamentIn 1884 before that, the state issued a decree of the Chinese people, giving them certain identity privileges.Article 34 of the Constitution of the Great Japanese Empire in 1889 also stipulates that the Chinese should attend as nonvoting delegatesJapanese Noble HouseSpecial rights.
Reform in Meiji Period
Constitutional rescript (collected by the National Archives)
On April 6, 1868, the Emperor of Japan issued the《Five Royal Oaths》。In Article 1, "Guangxing Conference, everything is decided by public opinion" is proposed. It can be seen that the Meiji government initially aimed to establish parliamentary politics.
In order to put the spirit of the principles of the "Five Imperial Oaths" into practice, the Japanese government announced the《Regime book》。Legislation, judicature and administration are introduced into the regime bookSeparation of powersIt was decided to set up a legislative council composed of representatives (1 to 3 people) of each clan, and set up a lower council of legislators.But withBoshin War At the end of the year, the government's respect for public opinion gradually became negative, and finally abolished the system of political officials in September of the same year.
In March of the second year of Meiji era (1869), after the investigation of the deliberative genre investigation institute, a new legislative council composed of one representative from each clan was established.In September of the same year, it was reorganized into the Assembly House.In the fourth year of Meiji (1871), with the abolition of vassals and the establishment of counties, the government reformed the Taizheng official system.The Taizheng officials were composed of the main chamber, the left chamber and the right chamber. The left chamber replaced the centralized chamber, thus becoming a legislative assembly composed entirely of officially appointed members.
In 1874 (the seventh year of Meiji), due to the "coup in the sixth year of Meiji" the previous year（On the Korean ExpeditionArgument)Sub island seed minister、Itagaki Taisuke 、Goto Shojiro 、Etō Shimpei They jointly submitted the Proposal for the Establishment of the Elected House of Representatives to the Left House.The document pointed out that if Japan wants to maintain its national destiny and become a powerful country, it should set up a democratically elected rather than officially elected legislative assembly to end the autocratic rule of bureaucrats.From this point of view, the free civil rights movement, which criticized the political system of the local Sakyamuni vassals, flourished, and political associations appeared everywhere.In addition, the former samurai class, who were dissatisfied with the government in various places, frequently made disturbances, and the social security in Japan deteriorated extremely.Representative events include: 1874Saga Rebellion, 1876The chaos of Sacred Wind Company, 1877Southwest WarEtc.
On April 14, 1875 (the eighth year of Meiji era), the Mikado issued the Constitutional Rescript, announcing to the citizens:
I...... Hereby setSenateTo open the source of legislation;set upGrand CourtTo consolidate the right of trial;In addition, local officials will be convened to communicate with the people, seek public welfare, and gradually establish a national constitutional regime
The above edict announced to the people that Japan would set up the Senate, the Grand Court of Justice, and the local officials' meeting, which would be gradually implemented in stagesConstitutional monarchy。This is actuallyOkubo Toshimichi , Ito Bowen and other government officialsKido Takayoshi , Banyuan's withdrawal of aid and other achievements of the Osaka Conference held by civil rights groups.In addition, in order to deal with the problem of local political instability, in 1878, the government issued the Rules of Prefecture and County Councils, setting up elected prefecture and county councils (i.e. local councils) in each prefecture and county, thus creating the first elected parliament in Japan.
Free civil rights movement
Since 1874 (the seventh year of Meiji)Free civil rights movementIn China, various places have launched heated discussions on the folk version of the draft constitution (Private Constitution).However, the government did not refer to these folk programs when drafting the Meiji Constitution, so it is difficult to find its influence in the Constitution.In order to suppress national speech and political movements, the government promulgated the Slander Law and the Newspaper Ordinance in 1875 (the eighth year of Meiji era), and the Assembly Ordinance and other laws in 1880 (the thirteenth year of Meiji era).According to the Security Regulations issued in 1887 (the 20th year of Meiji), civil rights activists were forced to leave Tokyo, and those who refused to leave were detained by the government.
There are many research achievements on the content of the privately drafted constitution in the academic circle.In the context of the government's suppression of speech and political activities, people's draft constitutions in all regions attach great importance to the provisions of human rights.There are not many differences in the position of the emperor.Because most of the liberal civil rights campaigners in the Meiji Restoration were emperor worshippers, they highly respected the existence of the emperor.For example, the draft of the so-called "Grassroots Human Rights Constitution" (the "Five Day City Constitution") drafted by Chiba Zhuo Sanlang and others also stipulates the Mikado's jurisdiction over legislation, administration and justice, the command of the army, and the inviolability of the Mikado, which is no different from the Great Japanese Imperial Constitution of 1889.The opinion of denying the divine status of the emperor appeared after World War II had not yet appeared at that time.
Activities of all parties
Imperial Edict on the Establishment of Congress
On September 6, 1876,Meiji EmperorPromulgate the Order that the Speaker of the Senate, Prince Chiren of Qichuan Palace, draft the Imperial Charter of the National Constitution.In this historical document, the Emperor proposed that "I, according to the national system of our country, extensively refer to the laws of overseas countries to determine the national constitution. Therefore, we now order you to create a draft", requiring officials to study the constitutions of various countries and write their own draft constitutions.The Constitution of the Great Japanese Empire led the Senate to set up the Constitutional Adjustment Bureau accordingly.In 1880 (the 13th year of Meiji), the Senate submitted the completed Constitution of Japan to the Emperor as a draft.In addition, the then Minister of Tibetan AffairsOkuma ChongxinHe also put forward his own Constitutional Opinions.Among them, the Constitution of Japan stipulates that the Emperor swore to abide by the Constitution of Japan and gave Parliament a lot of authority, which was considered to be greatly influenced by the Belgian Constitution (1831) and the Prussian Constitution (1850). As a result, the bill wasIwakura Tomomi 、ito hirobumi Their opposition, like that of Okuma, failed to get the final approval.
In the coup in the 14th year of Meiji, the political forces with Iwakura as the core finally dismissed Okuma, and immediately held a pre imperial meeting, deciding to open the Japanese parliament.Therefore, on October 12, 1881 (the 14th year of Meiji era), the Mikado issued the Imperial Edict on the Establishment of the Japanese Parliament.
The main points of the imperial edict are as follows: First, the Japanese Parliament was established in 1890 (the 23rd year of Meiji);Second, it is stipulated that the organization and authority of the Japanese Parliament shall be decided by the government (the constitution is made by the people's court);Third, it is prohibited to discuss the political system too much;Fourth, warn those who plot civil unrest.With the release of this imperial edict, the government regained the dominance of the political situation.
The process of constitution establishment
Promulgation of the Constitution of the Great Japanese Empire
In March 1882 (the 15th year of Meiji), the Senate, Ito Bowen and others were appointed to Europe to investigate the theoretical and practical development of German constitutionalism.Ito and his party fromUniversity of BerlinRudolf von GneisterUniversity of ViennaThe two scholars, Lorenz von Stein of China, received valuable suggestions: the Constitution must be based on its own history, tradition and culture.If a country needs to make a constitution, it must first learn the history of the country.Therefore, the investigation officials always believed that the German constitutional system was most suitable for Japan (however, Ito did not overestimate the German constitutionInoue YiSimilarly, consider transplanting the German Constitution in its entirety).In 1883 the next year, Ito and his delegation returned to China and ordered Inoue to start drafting the draft constitution and set up the Bureau of Constitution Adjustment (renamed the Bureau of System Adjustment the next year), officially starting the process of formulating the constitution and establishing the Japanese parliament.
In 1885 (the 18th year of Meiji)Tai ZhengguanThe abolition of the system and the establishment of the cabinet system, Ito Bowen was appointed as the firstPrime Minister。Inoue set out to draft the Constitution with the assistance of Karl Friedrich Hermann Roesler, Albert Mosse and others, who served as the legal adviser of the government, and initially completed the first draft of the Constitution in May 1887 (the 20th year of Meiji).Based on the draft, Ito, InoueIto Sidaizhi、Jinzi JiantaroPeople gathered in the（Kanagawa PrefectureYokosuka), the so-called "Summer Island Draft" was formed.Thereafter, it was revised on the basis of Xia Dao's draft and was basically finalized in April 1888.Shortly afterwards, Ito setprivy council, and served as the Speaker of the Parliament and deliberated the draft constitution.The review process lasted until January 1889 (the 22nd year of Meiji).
On February 11, 1889 (the 22nd year of Meiji), the Constitution of the Great Japanese Empire in 1889 was officially announced to all citizens.This Constitution, through the EmperorKuroda Kiyotaka Released by the Prime Minister himself, namely“A written constitution”。As a result, Japan became the first constitutional monarchy in East Asia with a modern constitution.At the same time, the code was also formulated as the royal family lawRoyal model, House of Representatives Law, Japanese Noble House Order, Japanese House of Representatives Election Law, Accounting Law and other important laws.The Constitution of the Great Japanese Empire in 1889 came into force on November 29, 1890 (the 23rd year of Meiji), the day of the first imperial parliament.
As early as before the promulgation of the Constitution, Japanese people had been eagerly looking forward to it, and everywhere was decorated and cheered.Liberals and civil rights activists and newspapers at that time also spoke highly of the contents of the Great Japanese Empire Constitution of 1889 and warmly congratulated the promulgation of the Constitution.The liberal civil libertarian Takada Zaomiao commented that the Constitution was "far higher than expected".A famous thinkerfukuzawa yukichi He also commented on the Current Affairs News, the editor in chief, and was surprised that the constitution could still be promulgated and the Japanese parliament could be opened in the midst of national turmoil,But at the same time, he pointed out that "by tracing back to the origin and evolution of the Japanese parliamentary system implemented in western countries, we can find that the government is often opposed to the people, and the people's wisdom is gradually expanding, and the government has no choice but to gradually separate its power in order to win the hearts of the people. Today, Japan still lacks such people." Fukuzawa raised his concern about the lack of spiritual independence of the people.Another criticZhongjiang ZhaominIs also working withXingde Qiushui"What is this Constitution sent to us? Is it a fine jade or a clay tile? Everyone is intoxicated with its name before they see its essence. This is the stupidity of the people!"
After the constitution was enacted
In 1891 (the 24th year of Meiji), the Russian Crown Prince Nikolai (laternicholas ii ）, onShiga CountyOtsu City was suddenly stabbed by the guard Tsuda Sanzang.Historical title“Otsu Incident”。The cabinet government at that time, fearing that Japan Russia relations would deteriorate as a result, exerted pressure on the judiciary to apply the death penalty for the defendant for the "crime of gross disrespect".However, Kojima Weiqian, the president of the trial, instructed the judge in charge of the trial to punish ordinary people for attempted murder in accordance with the law.Finally, the defendant was sentenced to life imprisonment.The result of this case shows that Japan has become a constitutional country and a country ruled by law, and has established the rule of law and the independence of judicial power.However, from another aspect, we can also see the crisis faced by the independence of judicial power at that time.Moreover, from the fact that the president of the trial intervened in the trial of the case, it can also be seen that the independence of the judge at that time was not effectively guaranteed.
In 1930 (the fifth year of Showa), the Japanese government concluded the London Naval Retreat Treaty.In this regard, the Japanese opposition parties, the Navy Command Department and right-wing groups all condemned the government's violation of the Emperor's commanding power, which led to the development of cabinet ministersHamaguchi XiongxingA vicious incident attacked by right-wing elements.It is known in history as "the violation of the commanding power".After this incident, Japan's constitutional party politics was gradually weakened.
In 1935 (the 10th year of Showa), he served as a lieutenant general in the Japanese Noble HouseTakeo Kikuchi , to those who occupied the general position of constitutional law at that timeThe Emperor's organ saidLaunched an attack, accusing it of violating the Japanese national system.As the leading scholar of the above theories, the former member of the Japanese House of LordsTatsukichi Minobe Although they also retorted, they still could not calm the debate, and finally had to resign from the Japanese House of Lords.Since then, the Okada Cabinet was also intimidated by the threats of the right wing and the military headquarters, and issued a declaration of the state system, and banned Meinong Department from publishing books.It is known in history as "The Emperor's Office Says Events".It is said that at that timeEmperor ShowaThe overthrow of the above doctrine, which is the basic understanding of modern constitutional countries, also shows that the constitutional politics established by the Constitution of the Great Japanese Empire in 1889 has lost its essence.
period of transition
The Privy Council passed the amendments to the Imperial Constitution
In 1945 (the 20th year of Showa), Japan unconditionally accepted《Potsdam Declaration 》, declare surrender.According to the principles of the DeclarationMacArthurThe general asked the Japanese government to amend the Constitution of the Great Japanese Empire in 1889.To this end, the government has set up a constitutional inquiry committee in the cabinet (chairman, Matsumoto Koji State Minister, also known as Matsumoto Committee) to discussConstitutional amendmentTopics.The government held a cabinet meeting according to the outline proposed by the Matsumoto Committee, and finally sorted out the Outline of Constitutional Amendment (also known as the Matsumoto Draft), which was submitted to GHQ on February 8, 1946.During this period, the whole Japanese society also began to discuss the amendment of the Constitution, and there were many versions of the constitutional amendments.
Before the government put forward the "Matsumoto Draft", the so-called "Matsumoto Committee Draft" was published in the daily newspaper published on February 1.In fact, the draft is only one of the members of Matsumoto CommitteeMiyazawa JunyiThe draft document is different from the Matsumoto Draft.For this reason, the government specifically stated that the content published in this newspaper was not a draft recognized by the government.Nevertheless, GHQ still believed that the draft published in the newspaper represented the real intention of Matsumoto Commission and that it was difficult to accept. Therefore, GHQ made its own constitutional amendment and submitted it to the Japanese government.From February 3 to 13, GHQ completed the drafting of the amendment, forming the so-called《MacArthur Draft》。
On February 13, 1946, as a reply to Matsumoto's draft, GHQ submitted the MacArthur Draft to Matsumoto's Minister of State and Prime Minister Yoshida Shigeru.The Japanese government had to study again on the basis of MacArthur's Draft and completed the Japanese Draft (March 2 Edition) on March 2, 1946.Finally, after communication and consultation with GHQ, a statement was issued on March 6, 1946, and the Outline of the Draft Amendment to the Constitution (March 6, 1946) was made public.
The outline was widely discussed in Japan. On April 10, 1946, Japan held a general election for members of the Japanese House of Representatives.On April 17, 1946, after the election, the government announced the Draft Amendment to the Constitution.On April 22, 1946, the Privy Council began to consider the draft amendment to the Constitution, and adopted the draft on June 8, 1946.On June 20, 1946, the government《Constitution of the Great Japanese Empire》Article 73 of the constitutional amendment procedure, the constitutional amendment was proposed to the Japanese House of Representatives.On June 25, 1946, the Japanese House of Representatives began to consider the draft. After adding some amendments, the draft was adopted on August 24, 1946.Then, on August 26, 1946, the Japanese House of Lords began to review and, on the basis of adding some amendments, voted on October 6, 1946.The next day, the Japanese House of Representatives also voted to approve the amendments added by the Japanese House of Lords, thus ending the review procedure of the Imperial Parliament.Thereafter, the constitutional amendment was reviewed by the Privy Council again and passed on October 29, 1946.Approved by the Emperor, on November 3, 1946, as a result of the amendment of the Constitution of the Great Japanese Empire in 1889《Constitution of Japan》It was officially announced and came into force on May 3, 1947 the next year.So far, the Constitution of the Great Japanese Empire in 1889 ended its historical mission and withdrew from the political arena of Japan.
Basic elements
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Ruling Organization Chart under the Constitution of the Great Japanese Empire
The Constitution of the Ministry has elements of constitutionalism and state system theory. On the one hand, it has established the parliamentary system based on constitutionalism, but on the other hand, the authority of the parliament is also restricted and restricted by the state system.
Elements of constitutionalism
The Imperial Constitution contains the following elements of constitutionalism.
(1) Chapter 2 of the Constitution guarantees subjects' rights such as freedom of speech, freedom of association and secret communication, provided that these rights are still reserved by relevant laws.
The above rights are bestowed by the emperor on his subjects.However, in the Constitution of Japan, these rights are permanent and inviolable basic human rights.In addition, the old Constitution stipulates that the above rights are subject to certain restrictions according to "relevant provisions of the law" or "within the scope of the law", which is the so-called concept of "legal reservation" or "stable order".This is also different from the Japanese Constitution, which only stipulates that "the welfare of the public" is the only factor limiting basic human rights.However, there is also a theory that the restrictions on human rights in the current Japanese Constitution based on "the welfare of the public" are also restrictions based on law. Therefore, compared with the old Constitution, there are only differences in the degree of restrictions, not in essence.From this standpoint, the old Constitution, as a basic law of a country, explicitly stipulated basic human rights, which could also be considered quite advanced in the social concept at that time.
(2) It has establishedSeparation of powersSystem: Legislative power is exercised by the Imperial Parliament, executive power is controlled by the State Secretary, and judicial power is controlled by the courts.
(3) Chapter 3 of the Constitution provides for the establishment of the Imperial Parliament, and the Japanese House of Representatives is composed of elected members.
The Imperial Parliament has the right to consent to laws. The rights and obligations of subjects with legal reservations cannot be changed without the consent of the Imperial Parliament.In addition, the Imperial Parliament also has the power to propose bills and agree on budgets, and can supervise the executive power by reviewing budgets.In addition, it also has the right to make comments and suggestions conditionally (although the approval of the emperor and the signature of the minister of state are ultimately required, the parliament can actually participate in the policy by exercising the right to make suggestions).
(4) Chapter 4 of the Constitution stipulates that the actions of the Emperor shall beMinister of StateThe support of the (minister responsibility system or minister input system).
The regulations on the Cabinet or the Prime Minister of the Cabinet are mainly found in the cabinet bureaucracy.Although the Prime Minister and Minister of the Cabinet rank first among the Ministers of State, their status is equal to that of the Ministers, and they do not have the command and supervision power or the right to appoint and remove other Ministers of State. Therefore, their authority is not large on the surface.However, the Prime Minister of the Cabinet has the right to announce the aircraft (the authority to request and read the permission of the Emperor) and the right to recommend the State Secretary (the authority to request the appointment of the Emperor), so he still has a powerful power in practice.
(5) The independence of judicial power has been established.
Judicial power is authorized by the emperor to the court, which means the independence of judicial power.In addition, Japan has adopted a continental European judicial system. The jurisdiction over administrative litigation is not by the judicial court, but by a specialadministrative courthave jurisdiction over.For the basis of this system, we can refer to the Interpretation of the Constitution prepared by Ito Bowen, which mentioned that the executive power also needs to be independent from the judicial power.
Elements of the State System
The elements of the Chinese style of the old Constitution are as follows:
(1) Accepting the divine meaning of Emperor Zuhuang's "infinite greatness of heaven", the emperor was placed in the position of head of state and commander in chief of the ruling power according to the imperial edict that the emperor inherited the "national ruling power".The so-called "state system" is to stipulate the basic system under which the Mikado rules Japan.
There are two main categories of the theory of state system that legitimizes the rule of the emperor from the legal principle.One is the state system theory led by Inoue, one of the drafters of the Constitution, and the other isTakayama Chogyū 、tetsujiro inoue The "theory of family order and state system" led by others.At the beginning of the formulation of the Constitution, the former was the mainstream view, but after the Sino Japanese War and the Mikado's official events, the latter's theory gradually became the general view of national authority.
(2) The emperor has a wide range of powers known as "the emperor's great power".
For example, the power to make laws and regulations according to independent orders (Article 9), the power to conclude treaties (Article 13) and other powers that are not restricted by Parliament, etcConstitutional monarchyThe country could not find a similar regulation.In addition, although it is the authority of the emperor, in practice, it is often the cabinet that permits future generations to exercise its authority through the understanding of the emperor.
(3) The Imperial Parliament is notlegislature, but only the auxiliary organ of the Emperor's legislation.
As an auxiliary legislative organ, Parliament needs the permission of the Emperor and the signature of the Minister of State when making laws.In addition, the Emperor also reserved the authority to issue emergency edicts and independent orders.And the Imperial Parliament did not have the right to propose amendments to the Constitution.
(4) As a part of the Imperial Parliament, the Japanese House of Lords, which was not elected by the people, exercised almost the same authority as the Japanese House of Representatives.
·As the body that restricts the cabinetprivy councilEtc.
In addition, there are many deliberative organs that are not regulated by law, such as the senate, the meeting of important officials, the meeting of the imperial court.
·The independent emperor's commanding power stipulated that the army and navy were not responsible to the parliament.
·The adoption of royal self-discipline separates important constitutional documents such as royal models from the Constitution, making it impossible for Parliament to intervene.
Palace (royalIntrauterine provinceThe separation of the interior minister's office and the government is the basic principle, which does not interfere with each other.However, the interior ministers in charge of palace affairs often play an important role in the election of cabinet ministers, so the boundaries between the palace and the government are not completely clear.
Article content
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The Constitution consists of 7 chapters and 76 articles.
Notice
The emperor respectfully and respectfully told the emperor, the god of the emperor, that the emperor, following the boundless vastness of heaven, inherited the spirit of GodBaozuoWe should keep the old pictures intact and follow the development of the world games and the development of the humanities.The Ming Dynasty collected the instructions of the Emperor's ancestors, established a constitutional code to make clear the rules and regulations, which was intended to guide the future generations and spread the praise of the people outside, so that they could always follow them, strengthen the holy foundation of the country, and promote the happiness of people's livelihood in the eight continents. This is to formulate a royal model and constitution.However, this is all about the rule of Hongfan, which was granted by Emperor Zu and Emperor Zong to his descendants. I bow to catch Xun and keep pace with the times. All of us rely on the power of Emperor Zu and Emperor Kao, and we rely on and pray for the blessing of Emperor Zu and Emperor Kao.I swear to be the first and future subjects to implement this ConstitutionImpeccable。This is a lesson for the common gods.[1]
Enactment of the Constitution
I take the prosperity of the country and the happiness of my subjects as my heartfelt glory. I will declare this grand ceremony to present and future subjects in accordance with the great power of my ancestors.
But our ancestors rely on the concerted efforts of our subjects' ancestors to build our empire to reach infinity. This is the virtue of our sacred ancestors and the loyalty of our subjectsValor Patriotism and martyrdom for the sake of the public will contribute to the success of this glorious national history.I recall that my subjects, the descendants of my ancestors' loyal and good subjects, have shown my willingness, rewarded me for my deeds, and cooperated with each other harmoniously, which will help to promote the glory of our empire both inside and outside, and consolidate our ancestors' legacy forever. There is no doubt that this hope is the same, and the responsibility can be shared.[1]
text
I will inherit the martyrs of my ancestors and fulfill the throne of all generations.I miss my dear subjects, whom my ancestors have nurtured and cared for. I am willing to promote their health and well-being, develop their virtue and ability, and hope to support the progress of the country according to their praise. It is to fulfill the imperial edict of October 12, the 14th year of Meiji. This great constitution is hereby formulated to show what I have led, so that my descendants and subjects, as well as their descendants, will always follow it.
The great power of state rule is inherited from my ancestors and passed on to my descendants.I and my descendants shall follow this constitutional clause without any wrongdoing in the future.
I cherish and protect the rights of my subjects and the safety of their property, and hereby declare that they should be fully enjoyed within the scope of this Constitution and laws.
The Imperial Parliament was convened in the 23rd year of Meiji, and the constitution came into force when the Parliament was in session.
When it is necessary to change a certain clause of this Constitution in the future, I and my descendants who inherit the rule of the People's Republic of China shall exercise the right to propose and submit the bill to the Parliament. The Parliament shall make a decision according to the requirements of this Constitution, and my other descendants and subjects shall not dare to try to change.
My ministers in office shall be responsible for the implementation of this Constitution.I, as well as my future subjects, should always obey this Constitution.[1]
Article 1 The Great Japanese Empire is ruled by the Emperor of all ages.
Article 2 The throne shall be inherited by the male descendants of the royal family in accordance with the provisions of the imperial model.
Article 3 The Emperor is inviolable.
Article 4 The Emperor, as the head of state, assumes the overall ruling power and implements it in accordance with the provisions of this Constitution.
Article 5 The Emperor exercises legislative power in accordance with the agreement of the Imperial Parliament.
Article 6 The Emperor approves laws and orders them to be promulgated and implemented.
Article 7 The Emperor called the Imperial Parliament and ordered it to meet, close, suspend and dissolve the House of Representatives.
Article 8 In order to maintain public safety or avoid disasters, the Emperor may, when the Imperial Parliament is not in session, issue edicts on behalf of the law in accordance with urgent needs.
This edict should be submitted to the Imperial Parliament at the next session. If the Parliament does not promise, the government should announce that it will lose its validity.
Article 9 The Emperor may issue or cause the government to issue necessary orders in order to enforce the law, maintain public peace and order, and promote the happiness of his subjects, but shall not change the law by order.
Article 10 The Mikado stipulates the official system of the administrative department and the salary of civil and military officials, and appoints and dismisses civil and military officials. However, if there are special provisions in this Constitution and other laws, they must be in accordance with their respective provisions.
Article 11 The Emperor commands the army and navy.
Article 12 The Emperor shall set the size of the army and navy and the number of standing troops.
Article 13 The Emperor declared war, made peace and concluded treaties.
Article 14 The Emperor declared martial law.
The elements and effects of martial law shall be prescribed by law.
Article 15 The Emperor confers titles, medals and other honors.
Article 16 The Emperor ordered amnesty, amnesty, commutation of sentence and restoration of rights.
Article 17 Regents shall be placed in accordance with the provisions of the royal model.
The Regent exercises great power in the name of the Emperor.[1]
Chapter II
Article 18 The requirements of Japanese subjects shall be in accordance with the law.
Article 19 All Japanese subjects may serve as civil and military officials and other positions in accordance with the qualifications prescribed by laws and orders.
Article 20 Japanese subjects have the obligation to perform military service in accordance with the law.
Article 21 Japanese subjects are obliged to pay taxes in accordance with the law.
Article 22 Japanese subjects have the freedom of residence and migration within the scope of the law.
Article 23 Japanese subjects shall not be arrested, imprisoned, interrogated or punished unless in accordance with the law.
Article 24 Japanese subjects shall not be deprived of the right to be tried by statutory judges.
Article 25 Japanese subjects are not allowed to intrude into their houses and search without their promises, except in cases prescribed by law.
Article 26 Unless otherwise provided by law, the confidentiality of Japanese subjects' correspondence is inviolable.
Article 27 The ownership of Japanese subjects shall not be infringed.The punishment for public welfare shall be in accordance with the law.
Article 28 Japanese subjects have the freedom to believe in religion without interfering with peace and order or violating their obligations.
Article 29 Japanese subjects shall, within the limits prescribed by law, have freedom of speech, writing, printing, assembly and association.
Article 30 Japanese subjects may apply for petitions by observing proper politeness and following the prescribed procedures.
Article 31 The provisions set forth in this Chapter shall not impede the exercise of the Emperor's great power in wartime or in the event of a national incident.
Article 32 The provisions set forth in this Chapter shall apply to military personnel only if they do not contradict the laws and regulations or disciplines of the army and navy.[1]
Chapter III
Article 33 The Imperial Parliament is composed of the Japanese House of Lords and the Japanese House of Representatives.
Article 34 The Japanese House of Lords shall be organized by the royal family, the Chinese people and the appointed members in accordance with the provisions of the Order of the Japanese House of Lords.
Article 35 The House of Representatives of Japan shall be organized by publicly elected members in accordance with the provisions of the Electoral Law.
Article 36 No one may be a member of both houses of Parliament at the same time.
Article 37 All laws must be approved by the Imperial Parliament.
Article 38 The two Houses of Parliament may resolve a bill proposed by the government and may propose a bill respectively.
Article 39 A bill rejected by one of the two Houses of Parliament may not be reintroduced in the same session.
Article 40 The two Houses of Parliament may make recommendations to the government on legal and other cases with their own opinions, but those that have not been adopted may not make recommendations again in the same session.
Article 41 The Imperial Parliament is convened annually.
Article 42 The Imperial Parliament shall meet for three months, and shall be extended by decree if necessary.
Article 43 In case of temporary emergency needs, temporary meetings other than regular meetings shall be convened.
The duration of the interim meeting shall be prescribed by Royal Decree.
Article 44 The meeting, closure, extension and suspension of the Imperial Parliament must be carried out simultaneously by both houses.
When the House of Representatives of Japan is ordered to dissolve, the House of Lords of Japan shall suspend its session at the same time.
Article 45 After the dissolution of the Japanese House of Representatives is ordered, new members shall be elected according to the imperial order, and a meeting of the Japanese House of Representatives shall be convened within five months from the date of dissolution.
Article 46 The two Houses of Parliament shall not commence business or vote unless more than two-thirds of their total number of members are present.
Article 47 The proceedings of the two Houses of Parliament shall be decided by a majority, but if they are equal, they shall be decided by the Speaker.
Article 48 Meetings of the two Houses of Parliament shall be held in public, but may be held in private at the request of the government or by resolution of the House.
Article 49 The two Houses of Parliament shall each report to the Emperor.
Article 50 The two Houses of Parliament may accept petitions submitted by subjects.
Article 51 The two Houses of Parliament may, in addition to the provisions set forth in this Constitution and the House Law, formulate various rules necessary for internal reorganization.
Article 52 Members of both Houses of Parliament shall not be responsible for their opinions and votes outside the House.However, when a member publishes his or her speech in speech, publication, notes or other ways, he or she shall be subject to general legal punishment.
Article 53 Members of both houses of Parliament shall not be arrested unless they have committed an active crime or committed a crime related to civil unrest and foreign aggression during the session without the promise of that house.
Article 54 The Minister of State and members of the government may attend the meetings of the House of Representatives and express their opinions at any time.[1]
Chapter IV
Article 55 The Minister of State shall support the Emperor and bear his responsibilities.
(Paragraph 2) All laws, decrees and decrees related to state affairs must be issued by the Minister of Statecountersign。
Article 56 The Privy Council shall, in accordance with the official system of the Privy Council, consult and review important state affairs with the Emperor.[1]
Chapter V
Article 57 Judicial power shall be exercised by the court in accordance with the law in the name of the Emperor.
The constitution of the court shall be prescribed by law.
Article 58 Judges shall be qualified by law.
A judge may not be removed from office unless he has been declared or disciplined in accordance with the Criminal Law.
The rules and regulations of punishment shall be prescribed by law.
Article 59 The public hearing and judgment of a trial may be suspended in accordance with the law or the resolution of the court if there is a danger of disturbing the peaceful order or customs.
Article 60 The cases that shall fall under the jurisdiction of the Special Court shall be prescribed by law.
Article 61 An action that damages the rights of an administrative officer due to an illegal disposition by the administrative office shall be heard by an administrative court in accordance with the law, and shall not be accepted by a judicial court.[1]
Chapter VI
Article 62 New taxes and changes in tax rates shall be prescribed by law.
However, the administrative fees and other fees collected as compensation are not included in the scope of the preceding paragraph.
Except for the issuance of national bonds and budget provisions, the conclusion of contracts that should be borne by the national treasury must be approved by the Imperial Parliament.
Article 63 The current taxes, which have not been revised by law, shall still be levied.
Article 64 The annual revenue and expenditure of the State shall be approved by the Imperial Parliament and included in the budget every year.
If the amount exceeds the budget or there are other expenditures beyond the budget, the commitment of the Imperial Parliament must be obtained in the future.
Article 65 The budget proposal shall first be submitted to the Japanese House of Representatives.
Article 66 The royal funds shall be disbursed by the national treasury in accordance with the quota every year. Except when it is necessary to increase the amount in the future, no agreement from the Imperial Parliament is required.
Article 67 Without the consent of the government, the Imperial Parliament shall not abolish or reduce the annual expenditure established on the basis of the power of the Constitution and the annual expenditure that falls under the obligation of the government according to the provisions of the law or the law.
Article 68 For special needs, the government may set a fixed number of years as a continuation fee and ask the Imperial Parliament for approval.
Article 69 Reserve funds may be set up to supplement the unavoidable deficiencies in the budget or serve as necessary extra budgetary expenses.
Article 70 In order to maintain public security, if there is an urgent need, and the government is unable to convene the Imperial Parliament due to domestic and foreign circumstances, it may take such financial measures as may be deemed necessary by imperial decree.In the case of the preceding paragraph, it must be submitted to the Imperial Parliament at the next session for its commitment.
Article 71 When the Imperial Parliament does not agree on a budget or fails to pass a budget, the government shall implement the budget of the previous year.
Article 72 The final accounts of the national revenue and expenditure shall be examined and determined by the Accounting Inspection Institute, and the government shall submit them together with the inspection report to the Imperial Parliament.
The organization and authority of the accounting inspection institute shall be prescribed by law.[1]
Chapter VII
Article 73 When it is necessary to amend the provisions of this Constitution in the future, the bill must be submitted to the Imperial Parliament for resolution by imperial decree.
When the bill is discussed, the two houses of parliament shall not open the bill unless they are present at least 2/3 of their total number of members, and no resolution may be amended unless it is passed by a majority of more than 2/3 of the members present.
Article 74 The revision of the royal model does not need to be decided by the Imperial Parliament.
The provisions of this Constitution shall not be altered by the royal model.
Article 75 The Constitution and the royal model shall not be changed when a regent is established.
Article 76 No matter laws, rules, orders or any other names are used, all existing laws and regulations that are not inconsistent with this Constitution shall have the effect of compliance.
If the contract or order on annual expenditure is an obligation of the government, the case in Article 67 shall apply.[1]
Political environment
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Monument to the "Place of Constitution Drafting"
Japan after the Meiji Restoration, in order to abolishUnequal treatiesTo establish equal diplomatic relations with European and American powers requires a modern constitution.But at that time, there was no country that realized constitutional politics except Europe and the United States.Although there are many constitutional drafts among Japanese people, Ito Bowen, the core figure in the drafting of the constitution, believes that "many drafts mistakenly regard the liberal speech of Britain, the United States and France as the golden rule, in an attempt to subvert the ruling order of the country." Ito's concern is not groundless.Although the Ottoman Empire formulated a constitution in 1876, only two years later, constitutional politics had to face the fate of premature death.On the other hand, some conservatives in Japan also hope to establishAbsolute monarchySystem.Therefore, Ito and others hope to find a constitution suitable for Japan's current situation.This requires the emperor as the center to unite the whole nation, give the parliament certain powers, and be able to balance the power of all parties.
The drafting of the Constitution began on June 4, 1887Kanagawa PrefectureYokosuka CityThe private villa of Ito Bowen in Xiadao Town was held.At that time, due to the small size of Ito's family, the drafters borrowed a nearby restaurant as their office space.Since the theft case occurred on August 6, the drafting work has been moved to Ito's home.
Because of the indissoluble bond with the birth of the Constitution, a stone tablet with the words "the place where the Constitution was drafted" was erected near the restaurant in 1935.Later, the stele was moved several times and placed in the nearby Zhouqi Square.
In addition, Ito's villaGreat Kanto earthquake Was burned in.There is a "Grassland Monument since the Meiji Constitution" on its original site for future generations to admire.
New and old constitutions
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The Constitution of the Great Japanese Empire in 1889 was comprehensively revised according to the amendment procedure stipulated in Article 73 of the Constitution of the Great Japanese Empire in 1889, which has become a new look《Constitution of Japan》。The Constitution of Japan was promulgated on November 3, 1946 and came into force on May 3, 1947.
According to Item 1 of Article 98 of the Constitution of Japan, the decree established on the premise of the Great Japanese Empire Constitution in 1889, as a content contrary to the new constitution, is invalid at the same time as the Great Japanese Empire Constitution in 1889.However, another interpretation holds that as long as there is no violation of the new constitution, the old laws and regulations will remain valid after the implementation of the Constitution of Japan.As a continuously effective decree, the original law is still a law. The cabinet decree is changed to the cabinet decree, and the provincial decree is still called the provincial decree.As imperial edicts, the part with legal matters is judged invalid, but other contents are treated as decrees.The so-called Potsdam Edict, such as the price control order, is treated as a law or decree.
