"The basic characteristics of the constitution of the great Japanese Empire"

"The constitution" empire of Japan also known as the "Meiji Constitution", isJapanThe first formulation of the modern constitutionalism based onConstitution, released on 1889 (Meiji 22 years) in February 11th, and in 1890 (Meiji 23 years) in November 29th.

The Meiji Constitution, a total of seven chapters seventy-six, provided both the emperor and parliamentary powers, and defined the rights and duties of people, also provides for the implementation of judicial and accounting standards. On the characteristics, the constitution has the constitutionalism and constitution theory of double factors, on the one hand, based on the constitutionalism established the parliamentary system, but on the other hand, the powers of parliament also receives the restriction and limitation of physical.

1The Meiji Constitution, constitution factor

The so-called "constitution", is the basic rule of the emperor of Japan's regulation system. The Meiji Constitution Based on the legal system, according to "the sovereignty of the king" principle, give to the emperor's great power. The main findings are as follows:

(1) the emperor "big power", administrative, legislative, judicial set all right in one. The Constitution stipulates: "in Japan, is composed of a series of eternal emperor reign", "the emperor of Japan as the inviolability of", "the emperor as head of state, assuming the ruling power". It also provides: "the emperor in the imperial parliament between Zan, exercise the legislative power of parliament", "the meeting adjourned, dissolution, stop and the house of Representatives, with the emperor life line", "in a parliamentary session, issuing can replace the law". Also stipulated that "the judicial power by the court in the name of the law, the exercise of the emperor". These provisions reflect the "big power mainly right body", to "all pass to the emperor's own", "three rights represented by the organ's function lies in the flaps emperor govern rights" concept[1]The separation of the three powers, the negative is the essential proposition.

(2) the parliament to the emperor. In accordance with the provisions of the constitution, the imperial Parliament only "co like" authority, not the highest legislative body, where the Congress will do, must be approved by the emperor, "the announcement and implementation". In the words of Itou Hirofumi, "parliament is set, all of its function is to assist the head of state," parliament "can participate in the legislation and not share sovereignty, Parliament can talk method authority without law power"[2], "the legislative power mainly attributable to the Council or on the basis of law and the constraints on the upper and lower, especially as the monarch and common things, is the sovereign integrity cause misunderstanding".[3]

(3) the cabinet only for the emperor, not to parliament, Parliament had no right to decide the fate of the prime minister and the Minister of the cabinet, appointed by the emperor. The army commander independent cabinet, Parliament and the cabinet has no right to intervene. The Constitution stipulates: "the emperor's army and navy commander in chief", "the emperor set up army and Navy and the amount of standing soldiers", "emperor decided to declare war, peace and the conclusion of treaties".

(4) take the Royal self-discipline principle, the constitutional model of the royal family and other important documents from the constitutional code from the parliament, no intervention.

2The elements of the Meiji Constitution, constitutionalism

The essence of constitutionalism is to limit the monarchical power, to safeguard the civil rights. The Meiji Constitution, father Itou Hirofumi said: "the creation of the spirit of the constitution, the first is the limit monarchial power, second is right" the protection of subjects; "if without the protection of the right of the subjects, and does not limit the power, the subjects have unlimited liability, the monarch has unlimited power, so it is called the absolute monarchy"[4]. Therefore, the Meiji Constitution, although the "sovereignty of the king" as the principle, but this is not the only principle, which also contains the ingredients of constitutionalism. Mainly reflected in the following:

(1) the constitutional limits on monarchical power. If the provisions of the emperor "in accordance with the provisions of the Constitution shall exercise the administrative power to the emperor," promulgated in the name of "any law, decree and the relevant state of the imperial edict, must be approved by the Secretary of state's countersignature", reflects the restriction of the monarchical power, its meaning or as Itou Hirofumi explained: "this is the quintessence of constitution. The so-called constitutionalism, is a clear limit sovereign power...... The original ruling power is infinite, since the constitution to limit it, it defines the execution within a certain range, not because of dominion is free to use. So, no 'in accordance with the constitution.' this one, not the constitution politics, but unlimited despotism"[5].

(2) the Constitution gives the subjects limited freedom of speech, freedom of association and the right to secret communication. If the provisions of "Japanese subjects in law within the free" residence and migration; "Japanese subjects without prejudice to peace and order, does not violate the obligation subjects, religious freedom"; "Japanese subjects within the limits prescribed by law, comments, book, publishing, freedom of assembly and association", etc..

(3) the constitution established the separation of the three powers: the legislative power is exercised by the imperial parliament, the administrative power by the Secretary of state control, the jurisdiction by the court domination. The emperor in the theoretical dominance although complete and can not be separated, but in actual operation and exercise of power, from different departments to achieve, the emperor also not actual responsibilities, to avoid damaging the sacred status of legislation by parliament to recognize non -- don't make law, administrative power also has a variety of intermediate obstacles, such as the cabinet decided not directly reported to the emperor, but reported to the Privy council. Therefore, "in the Meiji Constitution, Japan also has a modern constitutional country as the pattern, although not fully, but has to import the concept of separation of powers. That is to say, although the administrative right is placed under the emperor, but also subject to administrative legislation"[6].

(4) although the Constitution provides Congress does not enjoy the legislative power vested in the parliament, but some basic power, such as legislative recognition right, right, right of bill proposed budget review. The power is not only embodied in the constitution of democracy, modern Japanese political parties is the key to survival and development of the. Itou Hirofumi thinks: "since the convening of a national representative, to review legislation, tax and other things, can not open to people in Congress, to the right. Just in the right size varies from country to country, but if out of this range to open parliament, lose the constitutional essentials"[7].

Therefore, the Meiji Constitution is a compromise between authoritarian and democratic constitution. It emphasizes the monarchical power at the same time, also into the constitutional political principle that civil rights; at the same time, also denied the sovereignty principle. It is not only the Prussian and German constitutional practice in Japan, is also "Meiji government fan valve guides to the political modernization is democratization contain in the minimal product"[8].

With the Meiji Constitution, announced the same day, the Japanese first empire opening of parliament. The imperial parliament by the house of Lords and the house of Lords, composition, by the Royal and imperial Chinese appointed members, the house of representatives elected by the citizens. The election of the house of Representatives as a formality, have the right to vote only 460000 people, about 1.1% of the total population, but in the history of Japanese politics are realized as follows: (1) the first breakthrough opens the public; (2) admitted for the first time congress rationality; (3) the first promise the existence of party. The first election results, the house of 300 seats in the 130 seats, the constitutional Liberal Party (43%), the Constitutional Party 41 seats (14%), a 79 seat (26%), the National Liberal party 5 seats (2%), independents 45 seats (15%)[9]. "Toho constitutional politics, the real beginning of this"[10]

A formulation and parliamentary constitution, Japan is the "first stage of democracy", although it is not complete, but the road of the constitutional government takes another step, not only has the epoch-making significance in Japan, and in East Asia and even Asia has the unusual significance, as the "news": "the ruling and opposition parties now the constitution, an oriental Wanbang people since not event, but I state permanent instrument, million Bangyi should take warning from"[11]! Whether it is "W" or "jade", "the birth does mean that Japan can be called the constitution of things, and the Japanese people also become the people's first law of Japan, which become a member of a constitutional monarchy in the world"[12].