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THE CONSTITUTION OF THE EMPIRE OF JAPAN
51

of State. These shall be despatched through the medium of the Cabinet and of the different departments of State, and through no other medium whatever…. In our Constitution the following conclusions have been arrived at: First, that the Ministers of State are charged with the duty of giving advice to the Emperor, which is their proper function, and that they are not held responsible on his behalf; secondly, that Ministers are directly responsible to the Emperor, and indirectly responsible to the people; thirdly, that it is the Sovereign, and not the people, that can decide as to the responsibility of Ministers, because the Sovereign possesses the rights of sovereignty of State; fourthly, that the responsibility of Ministers of State is a political one, and has no relation to criminal or civil responsibility, nor can it conflict therewith, neither can the one affect the other. Save that all criminal and civil cases must be brought before the ordinary courts of law, and that suits arising out of administrative matters must be brought before a court of administrative litigation, the cases of political responsibility are left to be dealt with by the Sovereign as disciplinary measures.

The Minister President of State is to make representations to the Emperor on matters of State, and to indicate, according to his pleasure, the general course of policy of the State, every branch of the Administration being under the control of the said Minister. As to the other Ministers of State, they are severally held responsible for the matters within their respective competency: there is no joint responsibility among them in regard to such matters. For the Minister President and the other Ministers of State being alike personally appointed by the Emperor, the proceedings of each one of them are, in every respect, controlled by the will of the Emperor, and the Minister President himself has no power of control over the posts occupied by other Ministers, while the latter ought not to be dependent upon the former…. But with regard to important internal and external matters of State, the whole Government is concerned, and no single department can, therefore, be exclusively charged with the conduct of them. As to the expediency of such matters, and as to the mode of carrying them out, all the Ministers of State shall take united counsel, and none of them is allowed to leave his share of the business a burden upon his colleagues. In such matters it would, of course, be proper for the Cabinet to assume joint responsibility.

The counter-signature of a Minister or of Ministers of State has the following two effects: First, laws, Imperial ordinances, and Imperial rescripts that relate to the affairs of the State can be put into force only by virtue of the counter-signature of a Minister or of Ministers of State. Without it they can take no effect, and when issued through any other than a Ministerial