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straightforward in furnishing advice to the Emperor. As to a matter about which the opinion of that body has been furnished to the Emperor, no publicity can be given to it, however trifling it may be, without his special permission.

The Judicature is the authority which, in accordance with the provisions of law and in conformity with reason and justice, redresses injured rights of subjects and metes out punishments. The judiciary and administrative departments have each different organizations, and neither of them suffers any encroachment upon its sphere of business by the other.

57. The distinction between the administrative and the judiciary may be briefly described as follows: The functions of the administrative are to carry out laws and to take such measures as may be found expedient for the maintenance of the public peace and order, and for the promotion of the happiness of the people; while the duty of the judiciary is to pronounce judgment upon infringements of rights, according to the provisions of the law. In the judiciary law is everything, and the question of convenience is left out of consideration. In the administrative, however, measures are taken to meet the ever-changing requirements demanded for the convenience and necessities of society; the law simply shows the limits beyond which they are not permitted to obtrude. Therefore trials must be conducted according to law. But the Sovereign is the fountain of justice, and his judicial authority is nothing more than a form of the manifestation of the sovereign power. Therefore judgments shall be pronounced in the name of the Emperor, the judicial authority in this respect representing him in his sovereign power. The organization of the courts of law shall be settled by law, in contradistinction with the organization of the administrative. Officers of justice possess independent positions founded upon law. Though it is in the power of the Sovereign to appoint Judges, and though the courts of law have to pronounce judgment in the name of the Sovereign, yet the Sovereign does not take it upon himself to conduct trials, but causes independent courts to do so, in accordance with the law and regardless of the influence of the administrative. Such is what is meant by the independence of the judicature.

58. The function of Judges is to uphold the law and to administer justice to the people in an impartial manner. Special experience and knowledge are, accordingly, the required qualifications of Judges; hence it is provided in the first clause of the present article that certain qualifications for