Page:Japan by the Japanese (1904).djvu/79
What is, then, the object of the provisions of the present article—that both Houses may make representations concerning a law? It is that the Diet is in this way allowed option of either one of two courses of action: either to make a draft of a law and then bring it in, or, instead of doing so, simply to make representations of their opinion to the Government as to the enactment of a new law, or as to the amendment or abolition of an old one, and, if the representation be accepted by the Government, to leave to the latter the framing of the draft of the law.
The Diet not only has to take part in legislation, but it has also the duty of indirectly keeping a watch upon the Administration. Therefore both Houses may also make representations to the Government as to the advantage or disadvantage, expediency or inexpediency, of this or that matter lying outside the sphere of legislation.
But when the opinion of the one or the other House, as to a law or to some other matter, is not accepted by the Government, that House is not allowed to make representation on the same matter twice during the same session, so that there may be no tendency to controversies and coercion on the part of the Diet.
41. The convocation of the Diet belongs to the sovereign power of the Emperor; but the yearly convocation of the Diet has been expressly provided for in the present article, to guarantee by the Constitution the existence of the Diet. But cases like those mentioned in Article 70 are exceptional ones.
42. Three months have been fixed for the length of a session, so as to avoid the endless prolongation of deliberations. The prolongation of a session, or the postponement of the closing of the Diet by reason of unavoidable necessity, shall be carried out by Imperial order; and the Diet shall have no power to take such steps upon its own responsibility. With the closing of the Diet shall terminate all the business of the session. No subject of debate, whether a vote has been taken upon it or not, shall be continued at the next session, unless special provisions have been made in regard thereto.
43. The Diet shall be convened once a year; this is for the ordinary session. No provision is made in the Constitution as to the time of year of the ordinary session, but, it being necessary to give it time for the consideration of the Budget of the coming year, it will usually be opened in the winter months. When there arises an urgent necessity, therefore, an extraordinary session shall be especially convoked by order of the Emperor. The duration of an extraordinary session is not fixed by the Constitution, but is to be settled by the Imperial order convoking it, according to the necessities of the case.