A History of the Japanese People Part 92

Article XXV. Except in the cases provided for in the law, the house of no j.a.panese subject shall be entered or searched without his permission.

Article XXVI. Except in cases provided for in the law, the secrecy of the letters of j.a.panese subjects shall not be violated.

Article XXVII. The rights of property of j.a.panese subjects shall not be violated. Such measures, however, as may be rendered necessary in the interests of the public welfare shall be taken in accordance with the provisions of the law.

Article XXVIII. j.a.panese 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. j.a.panese subjects shall, within the limits of the law, enjoy liberty in regard to speech, writing, publication, public meetings, and a.s.sociations.

Article x.x.x. j.a.panese subjects may present pet.i.tions, provided that they observe the proper form of respect, and comply with the rules specially provided for such matters.

Article x.x.xI. The provisions contained in the present chapter shall not interfere with the exercise, in times of war or in case of national emergency, of the supreme powers which belong to the Emperor.

Article x.x.xII. Each and every one of the provisions contained in the preceding articles of the present chapter shall, in so far as they do not conflict with the laws or the rules and discipline of the army and navy, apply to the officers and men of the army and of the navy.

CHAPTER III. THE IMPERIAL DIET

Article x.x.xIII. The Imperial Diet shall consist of two Houses: the House of Peers and the House of Representatives.

Article x.x.xIV. The House of Peers shall, in accordance with the Ordinance concerning the House of Peers, be composed of members of the Imperial Family, of n.o.bles, and of Deputies who have been nominated by the Emperor.

Article x.x.xV. The House of Representatives shall be composed of members elected by the people, according to the provisions of the Law of Election.

Article x.x.xVI. No one can at one and the same time be a member of both Houses.

Article x.x.xVII. Every law requires the consent of the Imperial Diet.

Article x.x.xVIII. Both Houses shall vote upon projects of law brought forward by the Government, and may respectively bring forward projects of law.

Article x.x.xIX. A bill which has been rejected by either of the Houses shall not be again brought in during the same session.

Article XL. Both Houses can make recommendations to the Government in regard to laws, or upon any other subject. When, however, such recommendations are not adopted, 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, a 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. With regard to the opening, closing, and prorogation of the Imperial Diet, and the prolongation of its sessions, these shall take place simultaneously in both Houses. Should the House of Representatives be 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, the election of new members shall be ordered by Imperial decree, 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 deliberation 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 pet.i.tions presented by subjects.

Article LI. Both Houses may enact, besides what is provided for in the present const.i.tution 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 by him in the House. When, however, a member himself has given publicity to his opinions, by public speech, by doc.u.ments in print, or in writing, or by any other means, he shall, as regards such actions, be amenable to the general law.

Article LIII. The members of both Houses shall, during the session, be free from arrest, unless with the permission of the House, except in cases of flagrant delicts, or of offences connected with civil war or foreign troubles.

Article LIV. The Ministers of State, and persons deputed for that purpose by 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, public ordinances, and imperial rescripts, of whatever kind, that relate to the affairs of the state, require the counter-signature of a Minister of State.

Article LVI. The Privy Council shall, in accordance with the provisions for the organisation of the Privy Council, deliberate upon the important matters of State, when they have been consulted by the Emperor.

CHAPTER V. THE JUDICATURE

Article LVII. Judicial powers shall be exercised by the courts of law, according to law, in the name of the Emperor. The organisation of the courts of law shall be determined by law.

Article LVIII. The judges shall be appointed from among those who possess the proper qualifications determined by law. No judge shall be dismissed from his post except on the ground of sentence having been pa.s.sed upon him for a criminal act, or by reason of his having been subjected to punishment for disciplinary offence. Rules for disciplinary punishment shall be determined by law.

Article LIX. Trials shall be conducted and judgments rendered 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, either in accordance with the law bearing on the subject or by the decision of the court concerned.

Article LX. Matters which fall within the competency of the special courts shall be specially determined by law.

Article LXI. The courts of law shall not take cognizance of any suits which arise out of the allegations that rights have been infringed by illegal action on the part of the executive authorities, and which fall within the competency of the court of administrative litigation, specially established by 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 as are in the nature of compensation for services rendered 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. Existing taxes shall, in so far as they are not altered by new laws, continue to be collected as heretofore.

Article LXIV. The annual expenditure and revenue of the State shall, in the form of an annual Budget, receive the consent of the Imperial Diet. Any expenditure which exceeds the appropriations set forth under the various heads of the Budget, or those not provided for in the Budget, shall be referred subsequently to the Imperial Diet for its approval.

Article LXV. The Budget shall be first laid before the House of Representatives.