Page:Constitutional imperialism in Japan (IA constitutionalim00clemrich).pdf/48
VII. Rights and Duties of Subjects
The Japanese Constitution contains fifteen Articles (XVIII–XXXIII) on the topic of the duties and the rights of subjects. It states that the conditions necessary oer being a Japanese subject shall be determined by law. It permits Japanese subjects, according to certain qualifications, to hold public office. It makes them amenable to military service and to payment of taxes, according to law. It specifies that they shall have liberty of abode within the limits of law; that their right of property shall remain inviolate; that their houses shall not be entered or searched without their consent, except in cases provided for in the law; that the secrecy of their letters shall remain inviolate, except in cases mentioned in law. It gives them permission to present petitions, under certain proper conditions.
It declares:
No Japanese subject shall be arrested, detained, tried or punished, unless according to law (Article XXIII).
No Japanese subject shall be deprived of his right of being tried by the judges determined by law (Article XXIV).
It also prescribes that
Japanese subjects shall, within the limits of law, enjoy the liberty of speech, writing, publication, public meetings and association (Article XXIX);
and that
Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief (Article XXVIII).
It will of course be observed, that all the immunities and privileges of Japanese subjects are limited by such conditions as “according to the provisions of the law”, “except in the cases provided for in the law”, “within limits not prejudicial
(358)