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members shall be free from criminal or civil liability for expressions used in debate. The purpose of this provision is to insure respect for the rights of the Diet, and to give weight and value to the speeches of the members. When, however, members make public their speeches delivered in the Diet, and thus extend the freedom of speech they enjoyed in the Diet to the outside thereof, they cannot escape legal responsibility for the same, whether the matter made public relate to motions or to refutation of statement.
53. The two Houses of the Diet co-operate in the important affairs of legislation. Accordingly, special privileges are granted to the members during the session, so that they may maintain an independent position and be able to discharge their important functions. As to cases of flagrante delicto, and to offences connected with a state of internal commotion or with a foreign trouble, no immunity can be claimed through special privilege of the Diet. A session comprises the time intervening between the convoking and closing of the Diet. As to cases of non flagrante delicto or to ordinary offences, an offending member may be arrested after communication has been held with the House, and its permission has been obtained so to do. In the case of flagrant delicts and of offences relating to a state of internal commotion or to foreign trouble, an offending member may be arrested at once and the matter reported to the House of which he is a member.
54. To make explanations during debates in the Diet is an important duty of the Ministers of State. The right of the Ministers of State to be present in the House and to speak therein is left to the option of the Government. The Ministers of State therefore may in person take part in debates, and make explanations, or they may instruct delegates of the Government so to do; they may, too, when they think it necessary, decline at pleasure to do either the one or the other, either in person or by delegation.
The Ministers of State are charged with the duty of giving advice to the Emperor; they are to serve as media, through which the Imperial commands are conveyed, and are to execute administrative affairs. The Privy Councillors are to give their opinions on important matters of State in response to the Emperor’s call therefor. They and the Ministers of State are the Emperor’s most eminent assistants.
55. Every Minister of State shall on the one hand take part in the deliberations of the Cabinet, while on the other he shall have charge of the affairs of some department of State, and shall have to bear his responsibility in the affairs