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Readings in Modern European History, Vol. 2
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Historical SummaryWith the progress of Japan in trade, industry, and general enlightenment, there came inevitably a demand for a more liberal government. After sending a commission to Europe for the purpose of studying representative institutions there, the Japanese drafted a Constitution of their own (issued in 1889), from which the following clauses are taken. It well illustrates the eagerness of Japan to follow European example in organizing its government.
British and Foreign State Papers (1888–1889), LXXXI, 289 sqq. World History
CHAPTER I. THE EMPEROR
367. Some Extracts from the Japanese Constitution (February 11, 1889)
ART. 1. The Empire of Japan shall be ruled over by Emperors of the dynasty which has reigned in an unbroken line of descent for ages past.
2. The succession to the throne shall devolve upon male descendants of the Imperial House, according to the provisions of the Imperial House Law.
3. The person of the Emperor is sacred and inviolable.
4. The Emperor being the Head of the Empire, the rights of sovereignty are vested in him, and he exercises them in accordance with the provisions of the present Constitution.
5. The Emperor exercises the legislative power with the consent of the Imperial Diet.
6. The Emperor gives sanction to laws, and orders them to be promulgated and put into force.
7. The Emperor convokes the Imperial Diet, opens, closes, and prorogues it, and dissolves the House of Representatives. . . .
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 his subjects. . . .
10. The Emperor determines the organization of the different branches of the administration; he fixes the salaries of all civil and military officers, and appoints and dismisses the same. Exceptions specially provided for in the present Constitution or in other laws shall be in accordance with the respective provisions bearing thereon.
11. The Emperor has the supreme command of the army and navy.
12. The Emperor determines the organization and peace footing of the army and navy.
13. The Emperor declares war, makes peace, and concludes treaties. . . .
CHAPTER II. RIGHTS AND DUTIES OF SUBJECTS
18. The conditions necessary for being a Japanese subject shall be determined by law.
19. All Japanese subjects shall be eligible equally for civil and military appointments, and any other public offices, subject only to the conditions prescribed by laws and ordinances.
20. Japanese subjects are liable to service in the army or navy, according to the provisions of law.
21. Japanese subjects are subject to taxation, according to the provisions of law.
22. Subject to the limitations imposed by law, Japanese subjects shall enjoy full liberty in regard to residence and change of abode.
23. No Japanese subject shall be arrested, detained, tried, or punished, except according to law.
24. No Japanese subject shall be deprived of his right of being tried by the judges determined by law.
25. Except in the cases provided for by law, the house of no Japanese subject shall be entered or searched without his permission.
26. Except in the cases provided for by law, the secrecy of the letters of Japanese subjects shall not be violated.
27. The rights of property of Japanese 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.
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.
29. Japanese subjects shall, within the limits of law, enjoy liberty in regard to speech, writing, publication, public meetings, and associations. . . .
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Chicago: "Some Extracts from the Japanese Constitution (February 11, 1889)," Readings in Modern European History, Vol. 2 in Readings in Modern European History: A Collection of Extracts from the Sources Chosen With the Purpose of Illustrating Some of the Chief Phases of the Development of Europe During the Last Two Hundred Years, ed. James Harvey Robinson (1863-1936) and Charles A. Beard (Boston: Ginn and Company, 1908), 431–433. Original Sources, accessed March 23, 2023, http://www.originalsources.com/Document.aspx?DocID=8MM1EPRADADB9M3.
MLA: . "Some Extracts from the Japanese Constitution (February 11, 1889)." Readings in Modern European History, Vol. 2, in Readings in Modern European History: A Collection of Extracts from the Sources Chosen With the Purpose of Illustrating Some of the Chief Phases of the Development of Europe During the Last Two Hundred Years, edited by James Harvey Robinson (1863-1936) and Charles A. Beard, Vol. 2, Boston, Ginn and Company, 1908, pp. 431–433. Original Sources. 23 Mar. 2023. http://www.originalsources.com/Document.aspx?DocID=8MM1EPRADADB9M3.
Harvard: , 'Some Extracts from the Japanese Constitution (February 11, 1889)' in Readings in Modern European History, Vol. 2. cited in 1908, Readings in Modern European History: A Collection of Extracts from the Sources Chosen With the Purpose of Illustrating Some of the Chief Phases of the Development of Europe During the Last Two Hundred Years, ed. , Ginn and Company, Boston, pp.431–433. Original Sources, retrieved 23 March 2023, from http://www.originalsources.com/Document.aspx?DocID=8MM1EPRADADB9M3.
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