Page:Japan by the Japanese (1904).djvu/76

its existence… in times of danger the State will have to sacrifice, without hesitation, part of the law and of the rights of the subjects, in order to attain its ultimate end, if it considers that such a course is the only available means by which it can save itself and its people and secure its existence. This is not only a right of the Sovereign, but also his highest duty. Did the State not possess this emergency power, it would be impotent to discharge its functions at the time of crisis.

32. The soldiery must observe military laws and commands while under the banner. Obedience is their first duty. Therefore, such of the provisions of the present chapter relating to rights as come into conflict with military laws and commands shall not be applicable to those in the military and naval service. For example, those of them that are in active service are prohibited from discussing either the military or naval system or political matters, forming themselves into associations of public discussions, of writings, of publications and of petitions, on political matters.

In this section are mentioned the essential features of the Constitution and the rights of the Imperial Diet. It takes part in legislation, but has no share in the sovereign power; it has power to deliberate upon laws, but none to determine them. The right of consent of the Imperial Diet has to be exercised within the limits allowed by the provisions of the Constitution, and is by no means an unlimited one.

That the Diet has its part in legislation is the reason why, in a constitutional government, it is an essential part of the political machinery. The Diet not only has its part in legislation, but indirectly it has also the responsibility of keeping a supervision over the Administration. According to our own Constitution, and in the law of the Houses, the following rights are recognised: First, the right to receive petitions; secondly, the right to address the Emperor and to make representations to him; thirdly, the right to put questions to the Government and demand explanations; and, fourthly, the right to control the management of the finances.

33. The House of Peers shall be an assembly of the higher class of the community; while to the House of Representatives commoners shall be elected. These two Houses together shall constitute the Imperial Diet, which represents the public opinion of the country. The two Houses shall therefore possess equal powers, excepting in certain exceptional cases, and neither House shall by itself alone be competent to participate in matters of legislation. It is desired by this that deliberations