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JAPAN BY THE JAPANESE

promoting the welfare of the subjects. All these matters may, without having been passed through the regular course of legislation, form the subjects of legal enactments, having binding effect upon the people at large by virtue of the executive power of the Emperor. As a binding effect upon the people, there should not be the slightest difference between a law and an ordinance, save that a law can make alterations in any of the existing ordinances, whereas no ordinance can alter any of the existing laws. In case of a conflict between law and ordinance, the law will always have the preponderance over the ordinance.

The power of issuing ordinances is in all cases a consequence of the sovereign power of the Emperor. Those that received the personal decision of the Emperor and his sign-manual are called ‘Imperial ordinances.’ The issuing of Cabinet or departmental ordinances is to be regarded as an exercise of the sovereign power delegated by the Emperor. The wording of the present article—to wit, ‘the Emperor issues or caused to be issued’—is intended to cover the above two different instances for the issuing of ordinances.

Emergency ordinances mentioned in the preceding article may take the place of law; but the administrative ordinances mentioned in the preceding article shall take effect within the limits of law, and although they can supply the deficiency of law, yet they shall have no power to either alter any law or to regulate those matters for which a law is required by the express provision of the Constitution. Administrative ordinances are to be made use of under ordinary circumstances, while the aim of emergency ordinances is to meet the requirements of a time of exigency.

10. The Emperor, in accordance with the requirements for the national existence, establishes the offices in the different branches of the Administration, fixes the proper organization and functions of each of them, and exercises the sovereign power of appointing men of talent for civil and military posts, and of dismissing holders of such posts. When the establishment of the different offices and the creation of official positions pertain to the prerogative of the Sovereign, the said prerogative is necessarily accompanied by the power to give salaries and pensions.

11. The supreme authority in military and naval affairs is vested in the Most Exalted Personage, and those affairs are subject to the commands issued by the Emperor.

12. The organization and the peace standing of the army and navy are determined by the Emperor. It is true that this power is exercised with the advice of responsible Ministers of State; still, like the Imperial military command, it nevertheless belongs to the sovereign power of the Emperor,

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