Page:The problem of China - Russell 1922.pdf/113

111Rh that the Emperor on His Throne combines in Himself the Sovereignty of the State and the Government of the country and of His subjects."

Article 3 of the Constitution states that "the Emperor is sacred and inviolate." Marquis Ito's comment in explanation of this is peculiarly Japanese. He says, "The Sacred Throne was established at the time when the heavens and earth became separated. The Empire is Heaven-descended, divine and sacred; He is pre-eminent above all His subjects. He must be reverenced and is inviolable. He has, indeed, to pay due respect to the law, but the law has no power to hold Him accountable to it. Not only shall there be no irreverence for the Emperor's person, but also shall He neither be made a topic of derogatory comment nor one of discussion."

Through the Constitution of Japan the Japanese Emperor exercises the legislative power, the executive power, and the judiciary power. The Emperor convokes the Imperial Diet, opens, closes, prorogues, and dissolves it. When the Imperial Diet is not sitting, Imperial ordinances may be issued in place of laws. The Emperor has supreme control of the Army and Navy, declares war, makes peace, and concludes treaties; orders amnesty, pardon and commutation of punishments.

As to the Ministers of State, the Constitution of Japan, Article 55, says: "The respective Ministers of State shall give their advice to the Emperor and be responsible for it."

Ito's commentary on this article indicates his intention in framing it. "When a Minister of State errs in the discharge of his functions, the power of deciding upon his responsibilities belongs to the Sovereign of the State: he alone can dismiss a Minister who has appointed him. Who then is it, except the Sovereign, that can appoint, dismiss, and punish a Minister of State? The appointment and dismissal of them having been included by the Constitution in the sovereign power of the Emperor, it is only a legitimate consequence that the power of deciding as to the responsibility of Ministers is withheld from the Diet. But the Diet may put questions to the Ministers and demand open answers from them before the public, and it may also present addresses to the Sovereign setting forth its opinions.

"The Minister President of State is to make representations to the Emperor on matters of State, and to indicate,