Page:Constitutional imperialism in Japan (IA constitutionalim00clemrich).pdf/24
(in a special place) and to speak in either House. They have also free access to committee rooms.
The Cabinet may be called the Emperor's executive organ. Ito says:
The Ministers of State are charged with the duty of giving advice to the Emperor; they are to serve as media through which the Imperial commands are conveyed, and are to execute administrative affairs.[1]
Uyehara says that the Cabinet “is the channel and medium through which the Sovereign exercises his power.”[2]
The principal question with reference to the Cabinet is that of its responsibility. The text of the Constitution is unfortunately (perhaps purposely?) indefinite; it reads as follows:
The respective Ministers of State shall give their advice to the Emperor and be responsible for it.[3]
But Ito is more explicit in his Commentaries, where he uses the following expression:
The appointment and dismissal of them [Ministers] 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.
Ministers are directly responsible to the Emperor and indirectly so to the people.
It is the Sovereign and not the people that can decide as to the responsibility of Ministers.[4]
As a matter of fact there can be no doubt that until somewhat recently it was acknowledged and accepted, in theory and in practice, that the Cabinet was responsible only to the Emperor. And yet, even as early as 1895, Ito himself made an informal alliance with the Liberal party; and Matsukata,
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