THE MEIJI CONSITUTION OF 1889

 

The of image is of an early draft of the constitution. For a full copy of the text of the constitution, see:



http://history.hanover.edu/texts/1889con.html

or

http://www.ndl.go.jp/constitution/e/etc/c02.html

 

Here are a few excerpts of from the constitution which are of particular interest:

 

PREAMBLE:


Whereas We make it the joy and glory of Our heart to behold the prosperity of Our country, and the welfare of Our subjects, We do hereby, in virtue of the Supreme power We inherit from Our Imperial Ancestors, promulgate the present immutable fundamental law, for the sake of Our present subjects and their descendants.


The Imperial Founder of Our House and Our other Imperial ancestors, by the help and support of the forefathers of Our subjects, laid the foundation of Our Empire upon a basis, which is to last forever. That this brilliant achievement embellishes the annals of Our country, is due to the glorious virtues of Our Sacred Imperial ancestors, and to the loyalty and bravery of Our subjects, their love of their country and their public spirit. Considering that Our subjects are the descendants of the loyal and good subjects of Our Imperial Ancestors, We doubt not but that Our subjects will be guided by Our views, and will sympathize with all Our endeavors, and that, harmoniously cooperating together, they will share with Us Our hope of making manifest the glory of Our country, both at home and abroad, and of securing forever the stability of the work bequeathed to Us by Our Imperial Ancestors.

 

On the Locus of Soveriegnty:

The right of sovereignty of the State, We have inherited from Our Ancestors, and We shall bequeath them to Our descendants. Neither We nor they shall in the future fail to wield them, in accordance with the provisions of the Constitution hereby granted.

 


CHAPTER I. THE EMPEROR


Article 1. The Empire of Japan shall be reigned over and governed by a line of Emperors unbroken for ages eternal.
Article 2. The Imperial Throne shall be succeeded to by Imperial male descendants, according to the provisions of the Imperial House Law.
Article 3. The Emperor is sacred and inviolable.
Article 4. The Emperor is the head of the Empire, combining in Himself the rights of sovereignty, and exercises them, according to the provisions of the present Constitution.


Article 5. The Emperor exercises the legislative power with the consent of the Imperial Diet.
Article 6. The Emperor gives sanction to laws, and orders them to be promulgated and executed.
Article 7. The Emperor convokes the Imperial Diet, opens, closes, and prorogues it, and dissolves the House of Representatives.


Article 8. The Emperor, in consequence of an urgent necessity to maintain public safety or to avert public calamities, issues, when the Imperial Diet is not sitting, Imperial ordinances in the place of law.


(2) Such Imperial Ordinances are to be laid before the Imperial Diet at its next session, and when the Diet does not approve the said Ordinances, the Government shall declare them to be invalid for the future.


Article 9. The Emperor issues or causes to be issued, the Ordinances necessary for the carrying out of the laws, or for the maintenance of the public peace and order, and for the promotion of the welfare of the subjects. But no Ordinance shall in any way alter any of the existing laws.


Article 10. The Emperor determines the organization of the different branches of the administration, and salaries of all civil and military officers, and appoints and dismisses the same. Exceptions especially provided for in the present Constitution or in other laws, shall be in accordance with the respective provisions (bearing thereon).


Article 11. The Emperor has the supreme command of the Army and Navy.
Article 12. The Emperor determines the organization and peace standing of the Army and Navy.
Article 13. The Emperor declares war, makes peace, and concludes treaties.

 

CHAPTERII: RIGHTS AND DUTIES OF SUBJECTS

Article 23. No Japanese subject shall be arrested, detained, tried or punished, unless according to law.
Article 24. No Japanese subject shall be deprived of his right of being tried by the judges determined by law.
Article 25. Except in the cases provided for in the law, the house of no Japanese subject shall be entered or searched without his consent.
Article 26. Except in the cases mentioned in the law, the secrecy of the letters of every Japanese subject shall remain inviolate.
Article 27. The right of property of every Japanese subject shall remain inviolate


Article 28. Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief.
Article 29. Japanese subjects shall, within the limits of law, enjoy the liberty of speech, writing, publication, public meetings and associations.

Article 30. Japanese subjects may present petitions, by observing the proper forms of respect, and by complying with the rules specially provided for the same.
Article 31. The provisions contained in the present Chapter shall not affect the exercises of the powers appertaining to the Emperor, in times of war or in cases of a national emergency.

 

CHAPTER III. THE IMPERIAL DIET
Article 33. The Imperial Diet shall consist of two Houses, a House of Peers and a House of Representatives.
Article 34. The House of Peers shall, in accordance with the ordinance concerning the House of Peers, be composed of the members of the Imperial Family, of the orders of nobility, and of those who have been nominated thereto by the Emperor.
Article 35. The House of Representatives shall be composed of members elected by the people, according to the provisions of the law of Election.