Introductory Essay: Japan Answers the Challenge of the Western World
Primary Source: The Charter Oath of 1868
Primary Source: The Meiji Constitution
Japan Answers the Challenge of the Western World
In 1868 the Tokugawa shôgun ("great general"), who ruled Japan
in the feudal period, lost his power and the emperor was restored to the supreme
position. The emperor took
the name Meiji ("enlightened rule") as his reign name; this event
was known as the Meiji Restoration.
The Reign of the Meiji Emperor: When the Meiji emperor was restored as head
of Japan in 1868, the nation was a militarily weak country, was primarily agricultural,
and had little technological development It was controlled by hundreds of semi-independent
feudal lords. The Western powers--Europe and the United States--had forced Japan
to sign treaties that limited its control over its own foreign trade and required
that crimes concerning foreigners in Japan be tried not in Japanese but in Western
courts. When
the Meiji period ended, with the death of the emperor in 1912, Japan had
· a highly centralized, bureaucratic government;
· a constitution establishing an elected parliament;
· a well-developed transport and communication system;
· a highly educated population free of feudal class restrictions;
· an established and rapidly growing industrial sector based on the latest
technology;
· a powerful army and navy.
It had regained complete control of its foreign trade and legal system, and,
by fighting and winning two wars (one of them against a major European power,
Russia), it had
established full independence and equality in international affairs. In a little
more than a generation, Japan had exceeded its goals, and in the process had
changed its whole
society. Japan's success in modernization has created great interest in why
and how it was able to adopt Western political, social, and economic institutions
in so short a time.
One answer is found in the Meiji Restoration itself. This political revolution
"restored" the emperor to power, but he did not rule directly. He
was expected to accept the advice
of the group that had overthrown the shôgun, and it was from this group
that a small number of ambitious, able, and patriotic young men from the lower
ranks of the samurai
emerged to take control and establish the new political system. At first, their
only strength was that the emperor accepted their advice and several powerful
feudal domains
provided military support. They moved quickly, however, to build their own military
and economic control. By July 1869 the feudal lords had been requested to give
up their
domains, and in 1871 these domains were abolished and transformed into prefectures
of a unified central state.
McClain writes on pp. 153-54 the following interpretation: Saigo, Ito, Kido, and the other men who brought down the Tokugawa polity usually are not regarded as heroes of one of the world's great revolutions. they did not proclaim any stirring new values that would inspire all humankind like liberte, egalite, and fraternite had in France the previous century, nor did they set out to advance the interests of an economicaslly and socially marginalized class, as happened in Russua and China the next century....The men who attacked the shogunate cloaked their actions in tradition by calling for a restoration of rule by the Heavenly Sovereign, snd their victory came relatively quickly, with comparatively little terror or sustained violence. But the young men of 1868 intended to do far more than stage a coup d'etat that would resurrect the inherited values of the past and save their home domains from extinction. In the early decades of the century Japan's "troubles from within" had raised serious questions about the ability of the traditional polity to respond to problems of samurai impoverishment and morale, adapt to the economic transformations set in motion by protoindustrialization and the commercialization of agriculture, cope with social chaos, answer criticism from intellectuals, and make new room for the new political consciousness evident in acts of collective dissidence. The "troubles from without" which began in earnest with Perry's arrival, revealed the structural weaknesses and ideological bankruptcy of the shogunate, and the regime's capitulation to foreign demands earned it the animosity of "men of high purpose" and the loathing of peasants and urban dwellers who railed against Japan's semi-colonial status. Ito, Saigo, Iwakura, and the others possessed no specific blueprint for future change when they took over the helm of state in 1868, but they did have a general sense of the new directions they wished to travel...[They] pinpointed the need to create more flexible governing institutions that would enlist the abilities of men of talent, promote national unity under the aegis of the Heavenly Sovereign, and improve living conditions for everyone....[There was] a dawning recognition that industrialization and foreign trade could enhance national strength and create domestic prosperity....[They were convinced] that only innovative, radical changes could correct the disarray and save the future. |
The feudal lords and the samurai class were offered a yearly stipend, which
was later changed to a one-time payment in government bonds. The samurai lost
their class
privileges, when the government declared all classes to be equal. By 1876 the
government banned the wearing of the samurai's swords; the former samurai cut
off their top
knots in favor of Western-style haircuts and took up jobs in business and the
professions.
The armies of each domain were disbanded, and a national army based on universal
conscription was created in 1872, requiring three years' military service from
all men,
samurai and commoner alike. A national land tax system was established that
required payment in money instead of rice, which allowed the government to stabilize
the national
budget. This gave the government money to spend to build up the strength of
the nation.
Resistance and Rebellion Defeated: Although these changes were made in the name
of the emperor and national defense, the loss of privileges brought some resentment
and rebellion. When the top leadership left to travel in Europe and the United
States to study Western ways in 1872, conservative groups argued that Japan
should reply to
Korean's refusal to revise a centuries old treaty with an invasion. This would
help patriotic samurai to regain their importance. But the new leaders quickly
returned from
Europe and reestablished their control, arguing that Japan should concentrate
on its own modernization and not engage in such foreign adventures.
For the next twenty years, in the 1870s and 1880s, the top priority remained
domestic reform aimed at changing Japan's social and economic institutions along
the lines of the
model provided by the powerful Western nations. The final blow to conservative
samurai came in the 1877 Satsuma rebellion, when the government's newly drafted
army,
trained in European infantry techniques and armed with modern Western guns,
defeated the last resistance of the traditional samurai warriors. With the exception
of these few
samurai outbreaks, Japan's domestic transformation proceeded with remarkable
speed, energy, and the cooperation of the people. This phenomenon is one of
the major
characteristics of Japan's modern history.
Ideology: In an effort to unite the Japanese nation in response to the Western
challenge, the Meiji leaders created a civic ideology centered around the emperor.
Although the
emperor wielded no political power, he had long been viewed as a symbol of Japanese
culture and historical continuity. He was the head of the Shintô religion,
Japan's native
religion. Among other beliefs, Shintô holds that the emperor is descended
from the sun goddess and the gods who created Japan and therefore is semidivine.
Westerners of that
time knew him primarily as a ceremonial figure. The Meiji reformers brought
the emperor and Shintô to national prominence, replacing Buddhism as the
national religion, for
political and ideological reasons. By associating Shintô with the imperial
line, which reached back into legendary times, Japan had not only the oldest
ruling house in the
world, but a powerful symbol of age-old national unity.
The people seldom saw the emperor, yet they were to carry out his orders without
question, in honor to him and to the unity of the Japanese people, which he
represented. In
fact, the emperor did not rule. It was his "advisers," the small group
of men who exercised political control, that devised and carried out the reform
program in the name of the
emperor.
Social and Economic Changes: The abolition of feudalism made possible tremendous
social and political changes. Millions of people were suddenly free to choose
their
occupation and move about without restrictions. by providing a new environment
of political and financial security, the government made possible investment
in new industries
and technologies.
The government led the way in this, building railway and shipping lines, telegraph
and telephone systems, three shipyards, ten mines, five munitions works, and
fifty-three
consumer industries (making sugar, glass, textiles, cement, chemicals, and other
important products). This was very expensive, however, and strained government
finances,
so in 1880 the government decided to sell most of these industries to private
investors, thereafter encouraging such activity through subsidies and other
incentives. Some of the
samurai and merchants who built these industries established major corporate
conglomerates called zaibatsu, which controlled much of Japan's modern industrial
sector.
The government also introduced a national educational system and a constitution,
creating an elected parliament called the Diet. They did this to provide a good
environment for national growth, win the respect of the Westerners, and build
support for the modern state. In the Tokugawa period, popular education had
spread rapidly, and
in 1872 the government established a national system to educate the entire population.
By the end of the Meiji period, almost everyone attended the free public schools
for at
least six years. The government closely controlled the schools, making sure
that in addition to skills like mathematics and reading, all students studied
"moral training," which
stressed the importance of their duty to the emperor, the country and their
families.
The 1889 constitution was "given" to the people by the emperor, and
only he (or his advisers) could change it. A parliament was elected beginning
in 1890, but only the
wealthiest 1 percent of the population could vote in elections. In 1925 this
was changed to allow all men (but not yet women) to vote.
To win the recognition of the Western powers and convince them to change the
unequal treaties the Japanese had been forced to sign in the 1850s, Japan changed
its entire legal
system, adopting a new criminal and civil code modeled after those of France
and Germany. The Western nations finally agreed to revise the treaties in 1894,
acknowledging
Japan as an equal in principle, although not in international power.
The International Climate: Colonialism and Expansion: In 1894 Japan fought a
war against China over its interest in Korea, which China claimed as a vassal
state.
The Korean peninsula is the closest part of Asia to Japan, less than 100 miles
by sea, and the Japanese were worried that the Russians might gain control of
that weak nation.
Japan won the war and gained control over Korea and gained Taiwan as a colony.
Japan's sudden, decisive victory over China surprised the world and worried
some
European powers.
At this time the European nations were beginning to claim special rights in
China--the French, with their colony in Indochina (today's Vietnam, Laos, and
Cambodia), were
involved in South China; the British also claimed special rights in South China,
near Hong Kong, and later the whole Yangtze valley; and the Russians, who were
building a
railway through Siberia and Manchuria, were interested in North China. After
Japan's victory over China, Japan signed a treaty with China which gave Japan
special rights on
China's Liaotung peninsula, in addition to the control of Taiwan. But Japan's
victory was short lived. Within a week, France, Russia, and Germany combined
to pressure
Japan to give up rights on the Liaotung peninsula. Each of these nations then
began to force China to give it ports, naval bases, and special economic rights,
with Russia taking
the same Liaotung peninsula that Japan had been forced to return.
The Japanese government was angered by this incident and drew the lesson that
for Japan to maintain its independence and receive equal treatment in international
affairs, it
was necessary to strengthen its military even further. By 1904, when the Russians
were again threatening to establish control over Korea, Japan was much stronger.
It declared
war on Russia and, using all its strength, won victory in 1905 (beginning with
a surprise naval attack on Port Arthur, which gained for Japan the control of
the China Sea).
Japan thus achieved dominance over Korea and established itself a colonial power
in East Asia.
The Period 1912-1941: The Meiji reforms brought great changes both within Japan
and in Japan's place in world affairs. Japan strengthened itself enough to remain
a
sovereign nation in the face of Western colonizing powers and indeed became
a colonizing power itself. During the Taishô period (1912-1945), Japanese
citizens began to ask
for more voice in the government and for more social freedoms. During this time,
Japanese society and the Japanese political system were significantly more open
than they
were either before or after. The period has often been called the period of
"Taishô democracy." One explanation is that, until World War
I, Japan enjoyed record breaking
economic prosperity. The Japanese people had more money to spend, more leisure,
and better education, supplemented by the development of mass media. Increasingly
they
lived in cities where they came into contact with influences from abroad and
where the traditional authority of the extended family was less influential.
Industrialization in itself
undermined traditional values, emphasizing instead efficiency, independence,
materialism, and individualism. During these years Japan saw the emergence of
a "mass society"
very similar to the "Roaring 20s" in the United States. During these
years also, the Japanese people began to demand universal manhood suffrage which
they won in 1925.
Political parties increased their influence, becoming powerful enough to appoint
their own prime ministers between 1918 and 1931.
At the end of World War I, however, Japan entered a severe economic depression.
The bright, optimistic atmosphere of the Taishô period gradually disappeared.
Political party
government was marred by corruption. The government and military, consequently,
grew stronger, the parliament weaker. The advanced industrial sector became
increasingly
controlled by a few giant businesses, the zaibatsu. Moreover, Japan's international
relations were disrupted by trade tensions and by growing international disapproval
of
Japan's activities in China. But success in competing with the European powers
in East Asia strengthened the idea that Japan could, and should, further expand
its influence on
the Asian mainland by military force.
Japan's need for natural resources and the repeated rebuffs from the West to
Japan's attempts to expand its power in Asia paved the way for militarists to
rise to power.
Insecurity in international relations allowed a right-wing militaristic faction
to control first foreign, then domestic, policy. With the military greatly influencing
the government,
Japan began an aggressive military campaign throughout Asia, and then, in 1941,
bombed Pearl Harbor.
Summary: The most important feature of the Meiji period was Japan's struggle
for recognition of its considerable achievement and for equality with Western
nations. Japan
was highly successful in organizing an industrial, capitalist state on Western
models. But when Japan also began to apply the lessons it learned from European
imperialism, the
West reacted negatively. In a sense Japan's chief handicap was that it entered
into the Western dominated world order at a late stage. Colonialism and the
racist ideology that
accompanied it, were too entrenched in Western countries to allow an "upstart,"
nonwhite nation to enter the race for natural resources and markets as an equal.
Many of the
misunderstandings between the West and Japan stemmed from Japan's sense of alienation
from the West, which seemed to use a different standard in dealing with European
nations than it did with a rising Asian power like Japan.
Discussion Questions
1) What were some of the political, economic and social changes that occurred
during the Meiji Period?
2) What personage was at the center of Japan's new civic ideology? Why was using
this personage as a symbol of national unity effective?
3) What role did the central government play in growing industry? providing
education?
4) How did colonization affect Asia in the late 1890's? What was the West's
response to Japan's colonization efforts?
5) The terms "modernization" and "Westernization" are often
used interchangeably. What do these terms mean to you? Why do you think they
often mean the same thing?
6) Why is the period 1912-1945 sometimes referred to as the "Taishô
democracy"?
7) How would you describe the political situation in Japan at the end of World
War I?
The Charter Oath of 1868 (1)
The following declaration, often called the "Charter Oath of 1868" is one of the first documents written by the new Meiji leaders and reveals much about the new society they
hoped to created.
By this oath we set up as our aim the establishment of the national weal on a broad basis and the framing of a constitution and laws.
1. Deliberative assemblies shall be widely established and all matters decided by public discussion.
2. All classes, high and low, shall unite in vigorously carrying out the administration of affairs of state.
3. The common people, no less than the civil and military officials, shall each be allowed to pursue his own calling so that there may be no discontent.
4. Evil customs of the past shall be broken off and everything based upon the just laws of Nature.
5. Knowledge shall be sought throughout the world so as to strengthen the foundations of imperial rule.*
The oath was written by the new leaders and given to the newly restored emperor to present to the people.
(1) Source: Sources of Japanese Tradition, volume II, compiled by Ryusaku Tsunoda, Wm. Theodore de Bary and Donald Keene (N.Y.:Columbia University Press, 1958) p. 137.
Discussion Questions
1) How did the new leaders envision the role of citizens in the new government?
2)Which parts of this oath would you describe as "democratic," "undemocratic"? Why?
3) Read the Meiji Constitution of 1889 that follows and decide whether the promises made in the Charter Oath were fulfilled by the Constitution.
The Meiji Constitution (2)
Preamble
Having, by virtue of the glories of Our Ancestors, ascended the Throne of a lineal succession unbroken for ages eternal; desiring to promote the welfare of, and to give
development to the moral and intellectual faculties of Our beloved subjects, the very same that have been favored with the benevolent care and affectionate vigilance of Our
Ancestors; and hoping to maintain the prosperity of the State, in concert with Our people and with their support, We hereby promulgate, in pursuance of Our Imperial Rescript
of the 12th day of the 10th month of the 14th year of Meiji, a fundamental law of State, to exhibit the principles, by which We are to be guided in Our conduct, and to point out
to what Our descendants and Our subjects and their descendants are forever to conform.
The rights 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 future fail to wield
them, in accordance with the provisions of the Constitution hereby granted.
We now declare to respect and protect the security of the rights and of the property of Our people, and to secure to them the complete enjoyment of the same, within the extent
of the provisions of the present Constitution and of the law.
The Imperial Diet shall first be convoked for the 23rd year of Meiji and the time of its opening shall be the date when the present Constitution comes into force.
When in the future it may become necessary to amend any of the provisions of the present Constitution, We or Our successors shall assume the initiative right, and submit a
project for the same to the Imperial Diet. The Imperial Diet shall pass its vote upon it, according to the conditions imposed by the present Constitution, and in no otherwise shall
Our descendants or Our subjects be permitted to attempt any alteration thereof.
Our Ministers of State, on Our behalf, shall be held responsible for the carrying out of the present Constitution, and Our present and future subjects shall forever assume the
duty of allegiance to the present Constitution.
Chapter 1
The Emperor
ARTICLE I. The Empire of Japan shall be reigned over and governed by a line
of Emperors unbroken for ages eternal.
ARTICLE II. The Imperial Throne shall be succeeded to by Imperial male descendants,
according to the provisions of the Imperial House Law.
ARTICLE III. The Emperor is sacred and inviolable.
ARTICLE IV. 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 V. The Emperor exercises the legislative power with the consent of the
Imperial Diet.
ARTICLE VI. The Emperor gives sanction to laws and orders them to be promulgated
and executed.
ARTICLE VII. The Emperor convokes the Imperial Diet, opens, closes and prorogues
it, and dissolves the House of Representatives.
ARTICLE VIII. 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.
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 IX. 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 X. 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 XI. The Emperor has the supreme command of the Army and Navy.
ARTICLE XII. The Emperor determines the organization and peace standing of the
Army and Navy.
ARTICLE XIII. The Emperor declares war, makes peace, and concludes treaties.
ARTICLE XIV. The Emperor declares a state of siege. The conditions and effects
of a state of siege shall be determined by law.
ARTICLE XV. The Emperor confers titles of nobility, rank, orders and other marks
of honor.
ARTICLE XVI. The Emperor orders amnesty, pardon, commutation of punishments
and rehabilitation.
ARTICLE XVII. A Regency shall be instituted in conformity with the provisions
of the Imperial House Law. The Regent shall exercise the powers appertaining
to the
Emperor in His name.
Chapter II
Rights and Duties of Subjects
ARTICLE XVIII. The conditions necessary for being a Japanese subject shall be
determined by law.
ARTICLE XIX. Japanese subjects may, according to qualifications determined in
laws or ordinances, be appointed to civil or military or any other public offices
equally.
ARTICLE XX. Japanese subjects are amenable to service in the Army or Navy, according
to the provisions of law.
ARTICLE XXI. Japanese subjects are amenable to the duty of paying taxes, according
to the provisions of law.
ARTICLE XXII. Japanese subjects shall have the liberty of abode and of changing
the same within the limits of law.
ARTICLE XXIII. No Japanese subject shall be arrested, detained, tried or punished,
unless according to law.
ARTICLE XXIV. No Japanese subject shall be deprived of his right of being tried
by the judges determined by law.
ARTICLE XXV. Except in the cases provided for in the law, the house of no Japanese
subject shall be entered or searched without his consent.
ARTICLE XXVI. Except in the cases mentioned in the law, the secrecy of the letters
of every Japanese subject shall remain inviolate.
ARTICLE XXVII. The right of property of every Japanese subject shall remain
inviolate. Measures necessary to be taken for the public benefit shall be provided
for by law.
ARTICLE XXVIII. 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 XXIX. Japanese subjects shall, within the limits of law, enjoy the liberty
of speech, writing, publication, public meetings and associations.
ARTICLE XXX. Japanese subjects may present petitions, by observing the proper
forms of respect, and by complying with the rules specially provided for the
same.
ARTICLE XXXI. The provisions contained in the present Chapter shall not affect
the exercise of the powers appertaining to the Emperor, in times of war or in
cases of a
national emergency.
ARTICLE XXXXII. Each and every one of the provisions contained in the preceding
Articles of the present Chapter, that are not in conflict with the laws or the
rules and
discipline of the Army and Navy, shall apply to the officers and men of the
Army and of the Navy.
Chapter III
The Imperial Diet
ARTICLE XXXIII. The Imperial Diet shall consist of two Houses, a House of Peers
and a House of Representatives.
ARTICLE XXXIV. 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 persons who have been nominated thereto by
the Emperor.
ARTICLE XXXV. The House of Representatives shall be composed of Members elected
by the people, according to the provisions of the Law of Election.
ARTICLE XXXVI. No one can at one and the same time be a Member of both Houses.
ARTICLE XXXVII. Every law requires the comment of the Imperial Diet.
ARTICLE XL. Both Houses shall vote upon projects of law submitted to it by the
Government, and may respectively initiate projects of law.
ARTICLE XLI. A bill, which has been rejected by either the one or the other
of the two Houses, shall not be again brought in during the same session.
ARTICLE XL. Both Houses can make representations to the Government, as to laws
or upon any other subject.
When, however, such representations are not accepted, they cannot be made a
second time during the same session.
ARTICLE XLI. The Imperial Diet shall be convoked every year.
ARTICLE XLII. A session of the Imperial Diet shall last during three months.
In case of necessity, the duration of a session may be prolonged by Imperial
Order.
ARTICLE XLIII. When urgent necessity arises, an extraordinary session may be
convoked, in addition to the ordinary one.
The duration of an extraordinary session shall be determined by Imperial Order.
ARTICLE XLIV. The opening, closing, prolongation of session and prorogation
of the Imperial Diet, shall be effected simultaneously for both Houses.
In case the House of Representatives has been ordered to dissolve, the House
of Peers shall at the same time be prorogued.
ARTICLE XLV. When the House of Representatives has been ordered to dissolve,
Members shall be caused by Imperial Order to be newly elected, and the new House
shall be convoked within five months from the day of dissolution.
ARTICLE XLVI. No debate can be opened and no vote can be taken in either House
of the Imperial Diet, unless not less than one third of the whole number of
the Members
thereof is present.
ARTICLE XLVII. Votes shall be taken in both Houses by absolute majority. In
the case of a tie vote, the President shall have the casting vote.
ARTICLE XLVIII. The deliberations of both Houses shall be held in public. The
deliberations may, however, upon demand of the Government or by resolution of
the
House, be held in secret sitting.
ARTICLE XLIX. Both Houses of the Imperial Diet may respectively present addresses
to the Emperor.
ARTICLE L. Both Houses may receive petitions presented by subjects.
ARTICLE LI. Both Houses may enact, besides what is provided for in the present
Constitution and in the Law of the Houses, rules necessary for the management
of their
internal affairs.
ARTICLE LII. No Member of either House shall be held responsible outside the
respective Houses, for any opinion uttered or for any vote given in the House.
When,
however, a Member himself has given publicity to his opinions by public speech,
by documents in print or in writing, or by any other similar means, he shall,
in the matter, be
amenable to the general law.
ARTICLE LIII. The Members of both Houses shall, during the session, be free
from arrest, unless with the consent of the House, except in cases of flagrant
delicts, or of
offences connected with a state of internal commotion or with a foreign trouble.
ARTICLE LIV. The Ministers of State and the Delegates of the Government may,
at any time, take seats and speak in either House.
Chapter IV
The Ministers of State and the Privy Council
ARTICLE LV. The respective Ministers of State shall give their advice to the
Emperor, and be responsible for it.
All Laws, Imperial Ordinances and Imperial Rescripts of whatever kind, that
relate to the affairs of the State, require the countersignature of a Minister
of State.
ARTICLE LVI. The Privy Councilor shall, in accordance with the provisions for
the organization of the Privy Council, deliberate upon important matters of
State, when
they have been consulted by the Emperor.
Chapter V
The Judicature
ARTICLE LVII. The Judicature shall be exercised by the Courts of Law according
to law, in the name of the Emperor.
The organization of the Courts of Law shall be determined by law.
ARTICLE LVIII. The judges shall be appointed from among those who possess proper
qualifications according to law.
No judge shall be deprived of his position, unless by way of criminal sentence
or disciplinary punishment.
Rules for disciplinary punishment shall be determined by law.
ARTICLE LIX. Trials and judgments of a Court shall be conducted publicly. When,
however, there exists any fear that such publicity may be prejudicial to peace
and order,
or to the maintenance of public morality, the public trial may be suspended
by provision of law or by the decision of the Court of Law.
ARTICLE LX. All matters that fall within the competency of a special Court shall
be specially provided for by law.
ARTICLE LXI. No suit at law, which relates to rights alleged to have been infringed
by the illegal measures of the administrative authorities and which shall come
within the
competency of the Court of Administrative Litigation specially established by
law, shall be taken cognizance of by a Court of Law.
Chapter VI
Finance
ARTICLE LXII. The imposition of a new tax or the modification of the rates (of
an existing one) shall be determined by law.
However, all such administrative fees or other revenue having the nature of
compensation shall not fall within the category of the above clause.
The raising of national loans and the contracting of other liabilities to the
charge of the National Treasury, except those that are provided in the Budget,
shall require the consent
of the Imperial Diet.
ARTICLE LXIII. The taxes levied at present shall, in so far as they are not
remodeled by a new law, be collected according to the old system.
ARTICLE LXIV. The expenditure and revenue of the State require the consent of
the Imperial Diet by means of an annual Budget.
Any and all expenditures overpassing the appropriations set forth in the Tides
and Paragraphs of the Budget, or that are not provided for in the Budget, shall
subsequently
require the approbation of the Imperial Diet.
ARTICLE LXV. The Budget shall be first laid before the House of Representatives.
ARTICLE LXVI. The expenditures of the Imperial House shall be defrayed every
year out of the National Treasury, according to the present fixed amount for
the same, and
shall not require the consent thereto of the Imperial Diet, except in case an
increase thereof is found necessary.
ARTICLE LXVII. Those already fixed expenditures based by the Constitution upon
the powers appertaining to the Emperor, and such expenditures as may have arisen
by
the effect of law, or that appertain to the legal obligations of the Government,
shall be neither rejected nor reduced by the Imperial Diet, without the concurrence
of the
Government.
ARTICLE LXVIII. In order to meet special requirements, the Government may ask
the consent of the Imperial Diet to a certain amount as a Continuing Expenditure
Fund,
for a previously fixed number of years.
ARTICLE LXIX. In order to supply deficiencies, which are unavoidable, in the
Budget, and to meet requirements unprovided for in the same, a Reserve Fund
shall be
provided in the Budget.
ARTICLE LXX. When the Imperial Diet cannot be convoked, owing to the external
or internal condition of the country, in case of urgent need for the maintenance
of public
safety, the Government may take all necessary financial measures, by means of
an Imperial Ordinance.
In the case mentioned in the preceding clause, the matter shall be submitted
to the Imperial Diet at its next session, and its approbation shall be obtained
thereto.
ARTICLE LXXI. When the Imperial Diet has not voted on the Budget, or when the
Budget has not been brought into actual existence, the Government shall carry
out the
Budget of the preceding year.
ARTICLE LXXII. The final account of the expenditures and revenue of the State
shall be verified and confirmed by the Board of Audit, and it shall be submitted
by the
Government to the Imperial Diet, together with the report of verification of
the said Board.
The organization and competency of the Board of Audit shall be determined by
law separately.
Chapter VII.
Supplementary Rules
ARTICLE LXXIII. When it has become necessary in future to amend the provisions
of the present Constitution, a project to the effect shall be submitted to the
Imperial Diet
by Imperial Order.
In the above case, neither House can open the debate, unless not less than two-thirds
of the whole number of Members are present, and no amendment can be passed,
unless a
majority of not less than two-thirds of the Members present is obtained.
ARTICLE LXXIV. No modification of the Imperial House Law shall be required to
be submitted to the deliberation of the Imperial Diet.
No provision of the present Constitution can be modified by the Imperial House
Law.
ARTICLE LXXV. No modification can be introduced into the Constitution, or into
the Imperial House Law, during the time of a Regency.
ARTICLE LXXVI. Existing legal enactments, such as laws, regulations, Ordinances,
or by whatever names they may be called, shall, so far as they do not conflict
with the
present Constitution, continue in force.
All existing contracts or orders, that entail obligations upon the Government,
and that are connected with expenditure, shall come within the scope of ARTICLE
LXVII.
(2) Taken from Arthur Tiedemann, Modern Japan: A Brief History, New York: D.
Van Norstrand, Co., 1962 as taken from Ito Hirobumi, Commentaries on the Constitution
of the Empire of Japan, translated by Ito Myoji (Tokyo), passim.
Discussion Questions
1) A constitution outlines the powers of various government leaders and government
bodies, as well as defining the rights and responsibilities of citizens. According
to the
Meiji Constitution what powers did the following people/groups have?
1.The Emperor
2.The Diet (legislature)
3.Minister of State and Privy Councilor
4.Judicature
2) How were the above chosen for office? Which were appointed? By whom were
they appointed? Which were elected?
3) What process needed to be followed to amend this constitution?
4) During the years leading to World War II, Japan's military became the most
influential government body. Some have blamed the Meiji Constitution for this.
What does the
Meiji Constitution say or not say about the military? To whom was the military
responsible? (Look at chapter 1 of the Constitution.) © Columbia University,
East Asian Curriculum Project
http://afe.easia.columbia.edu
Contemporary Japan: A Teaching Workbook