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44. The House of Peers and the House of Representatives, though two distinct branches of the legislature, together form one Diet. Therefore a project which has passed through one House, but has not received the consent of the other, cannot become a law. Nor ought the proceedings of one House, at a time when the other is not sitting, to have any effect. It is for these considerations that the present article provides that both Houses of the Diet shall be simultaneously opened and closed.
A portion of the House of Peers consists of hereditary members. Therefore, although it may be prolonged, it cannot be dissolved; and when the House of Representatives has been ordered to dissolve, the House of Peers shall be ordered only to prorogue at the same time.
45. The provision contained in this article gives a permanent guarantee to the Diet. By it it is intended to dismiss the old members and to introduce new ones. Should the Constitution not have fixed the time for newly convoking the House after its dissolution, its existence would be left to the mere caprice of the Government.
46. When the number of members present is less than one-third of the whole number of members, no meeting can be held; therefore in such cases deliberations shall not be opened, nor can any vote be taken. The whole number of members is that number of them which is fixed by the law of election. As deliberations cannot be opened unless more than one-third of the whole number of members is present, neither can a House be organized unless more than one-third of the whole number has answered the summons of convocation.
47. It is the usual practice in deliberative assemblies to arrive at decisions by an absolute majority of votes. Absolute majority in the present article means the absolute majority of the members present. It is rational that, when for the two sides of a question there is an equal number of members, it should be decided by the voice of the President. But discussion on an amendment of the Constitution, as set forth in Article 73, is an exceptional case. Again, in the case of an election of President, or of a committee, or in the proceedings of a committee, the term ‘majority’ shall be interpreted according to the rules specially framed for the particular case, and with such cases the present article has no connection.
48. The Diet represents the people; consequently debates and voting therein should be carried on in view of the public. But exceptions should be made for certain affairs that require secrecy of deliberation, such, for instance, as foreign affairs, personal matters, election of the Diet officers and of committees, certain financial matters, certain military affairs, and administrative regulations relating to peace and order. In