Page:Constitutional imperialism in Japan (IA constitutionalim00clemrich).pdf/18

According to Ito’s Commentaries the Privy Council is “the highest body of the Emperor’s constitutional advisors,”^[1] as well as “the palladium of the Constitution and the law”; and its duty, according to the same authority, is “to be perfectly loyal and straight-forward in furnishing advice to the Emperor.” It is higher than the Cabinet, because its advice may be asked concerning the organization of a cabinet. Moreover, all the measures of a cabinet may be referred to it by the Emperor, either before they are presented to the Diet by the Cabinet, or after they have passed the Diet. The Privy Council is, therefore such an influential body that membership therein is accounted a very great honor. It must, however, be said with regret that occasionally the Privy Council has been found a convenient place in which to shelve a prominent man for whom some provision must be made. And the ministers of State who form the Cabinet have seats in the Privy Council ex officio and are just enough by themselves to constitute a quorum of ten members.

The Privy Council has a voice in giving advice to the Imperial Family Council concerning such important matters as changing the order of succession to the throne and the selection of a regent in case the Emperor is a minor. And the Privy Council may be particularly consulted by the Emperor in case of a political crisis. While the Cabinet is “a board of the chief executive officers”, the Privy Council is “a deliberative body consisting of the chief legal advisors of the Sovereign.” Ito suggests that “it will certainly prove an important piece of constitutional mechanism.”^[2] Indeed, the gradual evolution of the power of the Privy Council is a most noteworthy feature in the Japanese constitution. On the other hand, those who believe in popular institutions think that the Privy Council