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IV. The Cabinet

It is interesting to note that the Cabinet has no official standing in the Constitution. “Ministers of State” are merely mentioned and to that extent are recognized even in their official capacities; but the Cabinet as a body is not officially recognized. Of course, it may be taken for granted, that several ministers of State, of whom one is known as “Prime Minister,” would form an organization, called a “Ministry” or a “Cabinet.” Thus, indirectly, the Cabinet, as a constitutional organ, is recognized and must receive consideration.[1]

  1. ↑ The following (issued in 1899) explains itself.

    Imperial Notification No. 135.

    Functions of the Cabinet.

    Art. I.—The Cabinet is composed of the various Ministers of State.

    Art. II.—The Minister President of State stands at the head of the Ministers of State, reports affairs of State to the Sovereign, and in compliance with Imperial instructions, has general control over the various branches of the administration.

    Art. III.—The Minister President of State, should an occasion seem sufficiently important to demand such a course, has competence to give instructions to any branch of the administration or to suspend ifs notifications, pending an expression of the Sovereign’s will on the subject.

    Art. IV.—All laws and all imperial ordinances affecting the administration as a whole, shall bear the counter signature of the Minister President as well as that of the Minister from whose Department they directly emanate. All imperial ordinances affecting a special Department only, shall be counsigned by the Minister of that Department alone.

    Art. V.—The following matters shall be submitted for deliberation by the Cabinet:

    (1.) Drafts of laws, financial estimates, and settled accounts.

    (2.) Treaties with foreign countries and all national questions of importance.

    (3.) Ordinances relating to administration, or to the carrying out of regulations and laws.

    (4.) Disputes connected with the relative competence of Ministers of Departments.

    (5.) Petitions from the people, handed down from the Throne or submitted by the Imperial Diet.

    (6.) Expenditures apart from the ordinary estimates.

    ​

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