Growth of Liberalism in Japan: Two Addresses Delivered by Tsunejiro Miyaoka ...

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Carnegie Endowment for International Peace, 1918 - Constitutional history - 24 pages
 

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Page 11 - 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.
Page 1 - 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.
Page 8 - Every person guilty of an offense against this act shall be liable (i) on conviction on indictment to imprisonment, with or without hard labor, for a term not exceeding...
Page 3 - 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.
Page 2 - 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.
Page 4 - The language of the Japanese Constitution is so terse, so simple and so direct, that it is evidently a work of a group of men who lacked neither clearness of vision nor precision in the art of expressing thoughts. We shall probably do justice alike to the greatness of the Emperor, whom we now call by his posthumous title Meiji, as well as to the faithful devotion of his able Ministers, if we take the view that the first paragraph of Article 55 was purposely left a political sphinx. The transition...
Page 4 - 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.
Page 3 - Ordinances, and Imperial Rescripts of whatever kind that relate to the affairs of State require the counter signature of a Minister of State." If any law, ordinance, or a rescript is issued and made public by the Emperor over his own signature, but without the countersignature of one or more Ministers of State, such law, ordinance or rescript is null and void. Reading Article 55 side by side with the declaration of Article 3 to the effect that " the Emperor is sacred and inviolable," there will be...
Page 7 - ... document or a thing that would prove the guilt of the accused. In case the defendant or the person suspected of keeping in his possession important proof of the guilt of the accused, is absent from his home, the presence of a member of his family or a relative living with him, and in the latter's absence the presence of the Mayor of the City, town or village, as the case may be, is required.
Page 16 - The Emperor rules over the country as the supreme head of the vast family of the Japanese nation. The government is, therefore, patriarchal. The Emperor exercises the sovereign power according to the Constitution, which is based on the...

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