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8/8/2019 Istoria Japoniei in Perioade Si Date
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Japanese History: Japanese Historical Eras
The following is a chronological/topical index. For a listing of the most recent
additions, look here.
Japanese Historical Eras
Prehistory 13000 - 10000 BC
Jomon 10000 - 300
Yayoi 300 BC - 300 AD
Kofun 300 - 538
Asuka 552-646
Nara 646-794
- Nara Timeline- Prince Shotoku's Seventeen-Article Constitution
- Taika Reform Edicts
Heian 794-1185
- Heian Timeline
Kamakura 1185 - 1392
- Kamakura Dai Butsu / Great Buddha
- Kamakura Era Films
Ashikaga / Muromachi 1392-1568
Sengoku / Momoyama 1568-1615
- Sengoku Timeline- Pictoral Map of Northern (Tohoku) Sengoku-Era Daimy- Pictoral Map of Southern (Kansai) Sengoku-Era Daimy
- Sengoku Era Films
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Tokugawa / Edo 1615-1867
- Tokugawa Era Films
Meiji Era 1867-1912
- Meiji Constitution / Constitution of the Empire of Japa
- Meiji Era Films
Taisho 1912-1926
Showa 1926-1989
- Post-War Era Films
Heisei 1989-present
Prince Shotoku's Seventeen-Article Constitution
[Jushichijo Kenpo]
十七条憲法
Of all the names within early Japanese history, Prince Shotoku
(574-622) shines far more brightly than any of the rest. He was
the offspring of his father Emperor Yomei (用明天皇) and his
mother the Empress Anahobe no Hashihito no Himemiko (穴穂
部間人皇女). His parents were children of Emperor Kimmei by
different mothers. Unlike any of his predecessors, Shotoku
turned whole-heartedly toward Chinese culture for help with legal and commonplace notions.
Prince Shotoku committed himself (and his court) to acquiring the skill of reading and writing
Chinese, and personally delved into Chinese philosophy. It is during this time that Shotoku
became thoroughly familar with Buddhism and Confucianism, both of which became core
elements of his subsequent approaches to government and social philosophy.
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One of Prince Shotoku's most important written pieces was the so-called "Seventeen-Article
Constitution" completed in 604 AD. The title "constitution" does not accurately describe Prince
Shotoku's document, as most contemporary scholars will eagerly testify to. Rather, Shotoku's
document sets forth 17 specific laws or principles applied (by him) to nation-wide behavior.
The following is Prince Shotoku's Seventeen-Article Constitution:
604 AD, 4th Month, 3rd day.
The Prince Imperial Shotoku in person prepared laws for the first time. There were seventeen
clauses, as follows:
(1) Harmony should be valued and quarrels should be avoided. Everyone has his biases, and
few men are far-sighted. Therefore some disobey their lords and fathers and keep up feuds with
their neighbors. But when the superiors are in harmony with each other and the inferiors are
friendly, then affairs are discussed quietly and the right view of matters prevails.
(2) The three treasures, which are Buddha, the (Buddhist) Law and the (Buddhist) Priesthood;
should be given sincere reverence, for they are the final refuge of all living things. Few men are
so bad that they cannot be taught their truth.
(3) Do not fail to obey the commands of your Sovereign. He is like Heaven, which is above the
Earth, and the vassal is like the Earth, which bears up Heaven. When Heaven and Earth are
properly in place, the four seasons follow their course and all is well in Nature. But if the Earth
attempts to take the place of Heaven, Heaven would simply fall in ruin. That is why the vassal
listens when the lord speaks, and the inferior obeys when the superior acts. Consequently when
you receive the commands of your Sovereign, do not fail to carry them out or ruin will be the
natural result.
(4) The Ministers and officials of the state should make proper behavior their first principle, for if the superiors do not behave properly, the inferiors are disorderly; if inferiors behave improperly,
offenses will naturally result. Therefore when lord and vassal behave with propriety, the
distinctions of rank are not confused: when the people behave properly the Government will be
in good order.
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(5) Deal impartially with the legal complaints which are submitted to you. If the man who is to
decide suits at law makes gain his motive, and hears cases with a view to receiving bribes, then
the suits of the rich man will be like a stone flung into water, meeting no resistance, while the
complaints of the poor will be like water thrown upon a stone. In these circumstances the poor
man will not know where to go, nor will he behave as he should.
(6) Punish the evil and reward the good. This was the excellent rule of antiquity. Therefore do
not hide the good qualities of others or fail to correct what is wrong when you see it. Flatterers
and deceivers are a sharp weapon for the overthrow of the state, and a sharp sword for the
destruction of the people. Men of this kind are never loyal to their lord, or to the people. All this is
a source of serious civil disturbances.
(7) Every man has his own work. Do not let the spheres of duty be confused. When wise menare entrusted with office, the sound of praise arises. If corrupt men hold office, disasters and
tumult multiply. In all things, whether great or small, find the right man and they will be well
managed. Therefore the wise sovereigns of antiquity sought the man to fill the office, and not the
office to suit the man. If this is done the state will be lasting and the realm will be free from
danger.
(8) Ministers and officials should attend the Court early in the morning and retire late, for the
whole day is hardly enough for the accomplishment of state business. If one is late in attendingCourt, emergencies cannot be met; if officials retire early, the work cannot be completed.
(9) Good faith is the foundation of right. In everything let there be good faith, for if the lord and
the vassal keep faith with one another, what cannot be accomplished? If the lord and the vassal
do not keep faith with each other, everything will end in failure.
(10) Let us control ourselves and not be resentful when others disagree with us, for all men have
hearts and each heart has its own leanings. The right of others is our wrong, and our right is
their wrong. We are not unquestionably sages, nor are they unquestionably fools. Both of us are
simply ordinary men. How can anyone lay down a rule by which to distinguish right from wrong?
For we are all wise sometimes and foolish at others. Therefore, though others give way to anger,
let us on the contrary dread our own faults, and though we may think we alone are in the right,
let us follow the majority and act like them.
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(11) Know the difference between merit and demerit, and deal out to each its reward and
punishment. In these days, reward does not always follow merit, or punishment follow crime.
You high officials who have charge of public affairs, make it your business to give clear rewards
and punishments.
(12) Do not let the local nobility levy taxes on the people. There cannot be two lords in a country;
the people cannot have two masters. The sovereign is the sole master of the people of the
whole realm, and the officials that he appoints are all his subjects. How can they presume to levy
taxes on the people?
(13) All people entrusted with office should attend equally to their duties. Their work may
sometimes be interrupted due to illness or their being sent on missions. But whenever they are
able to attend to business they should do so as if they knew what it was about and not obstructpublic affairs on the grounds they are not personally familiar with them.
(14) Do not be envious! For if we envy others, then they in turn will envy us. The evils of envy
know no limit. If others surpass us in intelligence, we are not pleased; if they are more able, we
are envious. But if we do not find wise men and sages, how shall the realm be governed?
(15) To subordinate private interests to the public good--that is the path of a vassal. Now if a
man is influenced by private motives, he will be resentful, and if he is influenced by resentment
he will fail to act harmoniously with others. If he fails to act harmoniously with others, the public
interest will suffer. Resentment interferes with order and is subversive of law.
(16) Employ the people in forced labor at seasonable times. This is an ancient and excellent
rule. Employ them in the winter months when they are at leisure, but not from Spring to Autumn,
when they are busy with agriculture or with the mulberry trees (the leaves of which are fed to
silkworms). For if they do not attend to agriculture, what will there be to eat? If they do not attend
to the mulberry trees, what will there be for clothing?
(17) Decisions on important matters should not be made by one person alone. They should be
discussed with many people. Small matters are of less consequence and it is unnecessary to
consult a number of people. It is only in the case of important affairs, when there is a suspicion
that they may miscarry, that one should consult with others, so as to arrive at the right
conclusion.
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Taika Reform Edicts - Taika no Kaishin
Category: Japanese History Taika Reform Edicts
[Taika no Kaishin]
大化改新 I've recently written regarding the unique role of the Meiji
Constitution in establishing the Emperor's governance
over the national politics of that era. However, it would be
innacurate (for me) to suggest that the Japanese did not already possess a long-
standing notion of the Emperor's island-wide pre-eminence. The two primary
instances of this are Prince Shotoku's "Constitution" of 604 AD and the Taika
Reform Edicts of 645-650 AD.
We'll cover here the Taika Reform Edicts (and elsewhere Shotoku's Constitution)
which, apparently for the first time, subordinated local governance to the national
Emperor.
You'll notice that 645 AD is very early into the Japanese literary timeline. (For
example, Japan's unique writing style of hiragana is the much later creation of
Kobo Daishi (774 - 835 / aka Kukai).) Thus, in essence, everything written during
this era is wholly in the (ancient) Chinese language, using Chinese terminology
and vocabulary definitions. And as students of language fully realize, words
require concepts. Perhaps primarily for this reason, the Taika Reform Edicts were
written under the supervision of Confucian scholars. (During this era, up to the
Maoist Revolution, China viewed the Confucian texts as the primary insight for
proper (Moral) government).
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It could be argued that at this this moment in time, Japan cultivated much of its
understanding of the divine status of its Emperor directly from Chinese intuitions. It
is here, for example, that the Japanese ruler was no longer described as a
regional leader, but rather a "Tenno" () or "heavenly Soveriegn", a title used in
Japan to this day.
There's a bit of ambiguiuty which arises regarding the specific Taika Reform
Edicts. There were in fact only four edicts declared during the period of 645 to
650 AD. The confusion arises from that fact that during this same period, several
other statements and "decrees" were made by Emperor Kotoku which undoudtely
relate to the decrees but are not themselves such.
Although I provide the text of the Edicts below, the following summaries are
undoubtedly helpful:
Corruption of Regional Officials
- abolished private ownership of land & workers, deriving from "namesake",
succession, or other means of appropriation.
Regulation of the Capital; Taxes; Women
- established a central capital metropolitan region, called the Kinai (‹E“à), or
Inner Provinces. A capital city was to be built there, and governors would be
appointed.
The Role of the Emperor
- established population registers, as well as the redistribution of rice-
cultivating land equitably. It also provided for the appointment of rural village
heads.
The Monarchy and the People
- abolished the old forms of taxes, and established a new system.
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Corruption of Regional Officials
645 AD 8th Month 19th day
Commissioners were sent to all the provinces to take a record of the total numbers
of the people. The Emperor on this occasion made an edict, as follows:
"In the times of all the Emperors, from antiquity downwards, subjects have been
set apart for the purpose of making notable their reigns and handing down their
names to posterity. Now the Omi 11 and Muraji 12, the Tomo no Miyakko 5 and
the Kuni no Miyakko 2, have each one set apart their own vassals, whom they
compel to labor at their arbitrary pleasure. Moreover, they cut off the hills and
seas, the woods and plains, the ponds and rice-fields belonging to the provinces
and districts, and appropriate them to themselves. Their contests are never-
ceasing. Some engross to themselves many tens of thousands of shiro 13 of rice-
land, while others possess in all patches of ground too small to stick a needle into.
When the time comes for the payment of taxes, the Omi, the Muraji, and the Tomo
no Miyakko, first collect them for themselves and then hand over a share. In the
case of repairs to palaces or the construction of misasagi 14, they each bring their own vassals, and do the work according to circumstances. The Book of Changes
15 says, " Diminish that which is above: increase that which is below: if measures
are framed according to the regulations, the resources of the State suffer no injury,
and the people receive no hurt."
"At the present time, the people are still few. And yet the powerful cut off portions
of land and water, and converting them into private ground, sell it to the people,
demanding the price yearly. From this time forward the sale of land is not allowed.
Let no man without due authority make himself a landlord, engrossing to himself
that which belongs to the helpless."
Regulation of the Capital; Taxes; Women
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646 AD 1st month, 1st day
As soon as the ceremonies of the new year's congratulations were over, the
Emperor promulgated an edict of reforms, as follows:
"I. Let the people established by the ancient Emperors, etc., as representatives of
children be abolished, also the Miyake 16 of various places and the people owned
as serfs by the Wake, 17 the Omi, the Muraji, the Tomo no Miyakko, the Kuni no
Miyakko and the Mura no Obito. 18 Let the farmsteads in various places be
abolished."
"Further We say. It is the business of the Daibu to govern the people. If they
discharge this duty thoroughly, the people have trust in them, and an increase of
their revenue is therefore for the good of the people.
II. The capital is for the first time to be regulated, and Governors appointed for the
Home provinces and districts. 20 Let barriers, outposts,guards, and post-horses,
both special and ordinary, be provided, bell-tokens made, 21 and mountains and
rivers regulated. 22
For each ward in the capital let there be appointed one alderman, and for four
wards one chief alderman, who shall be charged with the superintendence of the
population, and the examination of criminal matters. For appointment as chief
aldermen of wards let men be taken belonging to the wards, of unblemished
character, firm and upright, so that they may fitly sustain the duties of the time. For
appointments as aldermen, whether of rural townships or of city wards, let ordinary
subjects be taken belonging to the township or ward, of good character and solid
capacity. If such men are not to be found in the township or ward in question, it is
permitted to select and employ men of the adjoining township or ward.
The Home provinces shall include the region from the River Yokogaha at Nabari
on the east, from Mount Senoyama in Kii on the south, from Kushibuchi in Akashi
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on the west, and from Mount Afusaka-yama in Sasanami in Afumi on the north.
Districts of forty townships 23 are constituted Greater Districts, of from thirty to four
townships are constituted Middle Districts, and of three or fewer townships are
constituted Lesser Districts. For the district authorities, of whatever class, let therebe taken Kuni no Miyakko 2 of unblemished character, such as may fitly sustain
the duties of the time, and made Tairei and Shorei. 24 Let men of solid capacity
and intelligence who are skilled in writing and arithmetic be appointed assistants
and clerks.
The number of special or ordinary post-horses given shall in all cases follow the
number of marks on the posting bell-tokens. When bell-tokens are given to
(officials of) the provinces and barriers, let them be held in both cases by the chief
official, or in his absence by the assistant official.
III. Let there now be provided for the first time registers of population, books of
account and a system of the receipt and re-granting of distribution-land.
Let every fifty houses be reckoned a township, and in every township let there be
one alderman who shall be charged with the superintendence of the registers of
population, the direction of the sowing of crops and the cultivation of mulberry
trees, the prevention and examination of offences, and the enforcement of the
payment of taxes and of forced labor.
For rice-land, thirty paces in length by twelve paces in breadth shall be reckoned a
tan. Ten tan make one cho. For each tan the tax is two sheaves and two bundles
(such as can be grasped in the hand) of rice; for each cho the tax is twenty-two
sheaves of rice. On mountains or in valleys where the land is precipitous, or in
remote places where the population is scanty, such arrangements are to be made
as may be convenient.
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IV. The old taxes and forced labor are abolished, and a system of commuted taxes
instituted. These shall consist of fine silks, coarse silks, raw silk, and floss silk, all
in accordance with what is produced in the locality. For each cho of rice land the
rate is ten feet of fine silk, or for four cho one piece forty feet in length by two and ahalf feet in width. For coarse silk the rate is twenty feet (per cho), or one piece for
every two cho of the same length and width as the fine silk. For cloth the rate is
forty feet of the same dimensions as the fine and coarse silk, i.e. one tan for each
cho. Let there be levied separately a commuted house tax. All houses shall pay
each twelve feet of cloth. The extra articles of this tax, as well as salt and offerings,
will depend on what is produced in the locality.
For horses for the public service, let every hundred houses contribute one horse of
medium quality. Or if the horse is of superior quality, let one be contributed by
every two hundred houses. If the horses have to be purchased, the price shall be
made up by a payment from each house of twelve feet of cloth.
As to weapons, each person shall contribute a sword, armour, bow and arrows, a
flag, and a drum.
For servants, the old system, by which one servant was provided by every thirty
houses, is altered, and one servant is to be furnished from every fifty houses [one
is for employment as a menial servant] for allotment to the various functionaries.
Fifty houses shall be allotted to provide rations for one servant, and one house
shall contribute twenty two feet of cloth and five masu 25 of rice in lieu of service.
For waiting-women in the Palace, let there be furnished the sisters or daughters of
district officials of the rank of Shorei or upwards?good-looking women [with one
male and two female servants to attend on them], and let 100 houses be allotted to
provide rations for one waiting-woman. The cloth and rice supplied in lieu of
service shall, in every case, follow the same rule as for servants."
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The Role of the Emperor
646 AD 8th month, 14th day
An edict was issued, saying,
"Going back to the origin of things, we find that it is Heaven and Earth with the
male and female principles of nature, 29 which guard the four seasons from
mutual confusion. We find, more over, that it is this Heaven and Earth which
produces the ten thousand things. Amongst these ten thousand things Man is the
most miraculously gifted. Among the most miraculously gifted beings, the sage
takes the position of ruler. Therefore the Sage Rulers, that is, the Emperors, take
Heaven as their model in ruling the World, and never for a moment dismiss from
their breasts the thought of how men shall gain their fit place. . . ."
The Monarchy and the People
647 AD 4th month, 29th day
An edict was issued as follows,
"The Empire was entrusted (by the Sun-Goddess to her descendants, with the
words) 'My children, in their capacity as Deities, shall rule it.' For this reason, this
country, since Heaven and Earth began, has been a monarchy. From the time that
Our Imperial ancestor first ruled the land, there has been great concord in the
Empire, and there has never been any factiousness. In recent times, however, the
names, first of the Gods, and then of the Emperors, have in some cases been
separated (from their proper application) and converted into the Uji of Omi or
Muraji, or they have been separated and made the qualifications of Miyakko, etc.
In consequence of this, the minds of the people of the whole country take a strong
partisan bias, and conceiving a deep sense of the "me" and "you," hold firmly each
to their names. Moreover the feeble and incompetent Omi, 11 Muraji, 12 Tomo no
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Miyakko 5 and Kuni no Miyakko 2 make of such names their family names; and so
the names of Gods and the names of sovereigns are applied to persons and
places in an unauthorized manner, in accordance with the bent of their own
feelings. Now, by using the names of Gods and the names of sovereigns asbribes, they draw to themselves the slaves of others, and so bring dishonor upon
unspotted names.
The consequence is that the minds of the people have become unsettled and the
government of the country cannot be carried on. The duty has therefore now
devolved on Us in Our capacity as Celestial Divinity, to regulate and settle these
things. In order to make them understood, and thereby to order the State and to
order the people, We shall issue, one after another, a succession of edicts, one
earlier, another later, one to-day and another to-morrow. But the people, who have
always trusted in the civilizing influence exercised by the Emperors, and who are
used to old customs, will certainly find it hard to wait until these edicts are made.
We shall therefore remit to all, from Princes and Ministers down to the common
people of all classes, the tax in lieu of service."
Meiji Constitution - Constitution of the Empire of Japan
Category: Japanese History Meiji Constitution
[Constitution of the Empire of Japan]
大日本帝國憲法 I feel as if I've been writing alot lately (for various reasons)
regarding the transition from the Tokugawa/Edo Era (1615-
1867) to the Meiji Era/Restoration (1868-1912) and the
rather dramatic political and societal changes caused by this shift.
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As you may recall, the primary nature of this transition consisted in the seat of
power being irrevocably removed from the powerful daimyo/shogunate to the
Emperor himself. One of the most important and fundamental elements in the
stabillity of this shift of power involves Japan's desire to draft for itself its firstconstitution (kenpou /憲法).
I've here supplied the text of the Meiji Constitution outlining the new national power
of the Emperor and the expected roles of both citizens and politicians. Look closely
at the articles of chapter one in order to understand the sheer power and divine
status granted the Emperor.
By the way, this Meiji Constitution remained the central pillar of Japanese social
polity until the nation's defeat in WWII and the subsequent rewriting of the nation's
constitution under direct (editorial) supervision of the West (particularly via General
MacArthur) in 1945. Thus what you've heard about Japan's prior "Emperor Cult"
derives directly from this Meiji Constitution.
Perhaps the most radical shift within Japanese history toward modernization
occured at the start of the Meiji Restoration in 1868 AD. It is at this point that
Japan irrevocably turned away from its long-held political habit of granting de facto
power to the strongest shogun or daimyo of the time. Prior to the Meiji Restoration,
the Tokugawa Shogunate held such power, as is testified by the fact that the entire
preceding era (1615-1867) bears Tokugawa's name.
With the overthrow of the Tokugawa stronghold, an unprecedented effort was
made to develop a national government under the leadership of the Emperor Meiji
(明治天皇) (also known by the name Mutsuhito [睦仁]). The Emperor and many
leading reformers had come to increasingly admire Western technologies and
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governanace, and so immediately following the Restoration, Japan's top political
ministers were sent abroad to study Western political infrastructure and economic
policy. One highly influential idea they returned with was that of a written
constitution outlining national governance and policy. In 1881, the current PrimeMinister, Ito Hirobumi (伊藤博文 / 1841 - 1909) was assigned the task of drafting
Japan's first constitution, which he promised would be completed within a decade.
By 1889 it was completed and the same year the Emperor himself enacted it. By
November 29, 1890 the Meiji Constitution had been implemented nationally.
The following is the original text of the Meiji Constitution as penned by Ito in 1889.
It is divided into seven chapters comprised of a total of 76 articles. In particular,chapters 1 - 3 are the most informative for Westerners as they outline the
relationship amongst Emperor, citizen and government.
CHAPTER 1. THE EMPEROR
Article 1.
The Empire of Japan shall be reigned over and governed by a line of Emperorsunbroken 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.
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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.
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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.
Article 14.
The Emperor declares a state of siege. The conditions and effects of a state of
siege shall be determined by law.
Article 15.
The Emperor confers titles of nobility, rank, orders and other marks of honor.
Article 16.
The Emperor orders amnesty, pardon, commutation of punishments and
rehabilitation.
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Article 17.
A Regency shall be instituted in conformity with the provisions of the Imperial
House Law. (2) The Regent shall exercise the powers appertaining to the Emperor
in His name.
CHAPTER II. RIGHTS AND DUTIES OF SUBJECTS
Article 18.
The conditions necessary for being a Japanese subject shall be determined by
law.
Article 19.
Japanese subjects may, according to qualifications determined in laws or
ordinances, be appointed to civil or military or any other public offices equally.
Article 20.
Japanese subjects are amenable to service in the Army or Navy, according to the
provisions of law.
Article 21.
Japanese subjects are amenable to the duty of paying taxes, according to the
provisions of law.
Article 22.
Japanese subjects shall have the liberty of abode and of changing the same within
the limits of the law.
Article 23.
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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. (2)
Measures necessary to be taken for the public benefit shall beprovided for by law.
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.
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Japanese subjects may present petitions, by observing the proper forms of
respect, and by complying with the rules especially 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.
Article 32.
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 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.
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Article 36.
No one can at one and the same time be a Member of both Houses.
Article 37.
Every law requires the consent of the Imperial Diet.
Article 38.
Both Houses shall vote upon projects of law submitted to it by the Government,
and may respectively initiate projects of law.
Article 39.
A Bill, which has been rejected by either the one or the other of the two Houses,
shall not be brought in again during the same session.
Article 40.
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 41.
The Imperial Diet shall be convoked every year.
Article 42.
A session of the Imperial Diet shall last during three months. In case of necessity,
the duration of a session may be prolonged by the Imperial Order.
Article 43.
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When urgent necessity arises, an extraordinary session may be convoked in
addition to the ordinary one. (2) The duration of an extraordinary session shall be
determined by Imperial Order.
Article 44.
The opening, closing, prolongation of session and prorogation of the Imperial Diet,
shall be effected simultaneously for both Houses. (2) In case the House of
Representatives has been ordered to dissolve, the House of Peers shall at the
same time be prorogued.
Article 45.
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 46.
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 Members thereof is
present.
Article 47.
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 48.
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.
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Article 49.
Both Houses of the Imperial Diet may respectively present addresses to the
Emperor.
Article 50.
Both Houses may receive petitions presented by subjects.
Article 51.
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 52.
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 53.
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 offenses
connected with a state of internal commotion or with a foreign trouble.
Article 54.
The Ministers of State and the Delegates of the Government may, at any time,
take seats and speak in either House.
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CHAPTER IV. THE MINISTERS OF STATE AND THE PRIVY COUNCIL
Article 55.
The respective Ministers of State shall give their advice to the Emperor, and be
responsible for it. (2) 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 56.
The Privy Councillors 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 57.
The Judicature shall be exercised by the Courts of Law according to law, in thename of the Emperor. (2) The organization of the Courts of Law shall be
determined by law.
Article 58.
The judges shall be appointed from among those, who possess proper
qualifications according to law. (2) No judge shall be deprived of his position,
unless by way of criminal sentence or disciplinary punishment. (3) Rules for
disciplinary punishment shall be determined by law.
Article 59.
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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 provisions of
law or by the decision of the Court of Law.
Article 60.
All matters, that fall within the competency of a special Court, shall be specially
provided for by law.
Article 61.
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 62.
The imposition of a new tax or the modification of the rates (of an existing one)
shall be determined by law. (2) However, all such administrative fees or other
revenue having the nature of compensation shall not fall within the category of the
above clause. (3) 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 63.
The taxes levied at present shall, in so far as they are not remodelled by a new
law, be collected according to the old system.
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Article 64.
The expenditure and revenue of the State require the consent of the Imperial Diet
by means of an annual Budget. (2) Any and all expenditures overpassing the
appropriations set forth in the Titles and Paragraphs of the Budget, or that are not
provided for in the Budget, shall subsequently require the approbation of the
Imperial Diet.
Article 65.
The Budget shall be first laid before the House of Representatives.
Article 66.
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 67.
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 68.
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.
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Article 69.
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 70.
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. (2) 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 71.
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 72.
The final account of the expenditures and revenues 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. (2)
The organization and competency of the Board of Audit shall be determined by law
separately.
CHAPTER VII. SUPPLEMENTARY RULES
Article 73.
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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. (2) 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 noamendment can be passed, unless a majority of not less than two-thirds of the
Members present is obtained.
Article 74.
No modification of the Imperial House Law shall be required to be submitted to the
deliberation of the Imperial Diet. (2) No provision of the present Constitution can
be modified by the Imperial House Law.
Article 75.
No modification can be introduced into the Constitution, or into the Imperial House
Law, during the time of a Regency.
Article 76.
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. (2) All existing contracts or orders, that entail
obligations upon the Government, and that are connected with expenditure, shall
come within the scope of Article 67.