The
Structure Of The Imperial Government
The Imperial House (Teishitsu)
The form of the Japanese Government
is an hereditary and constitutional monarchy. A single dynasty has reigned in
Japan since the foundation of the empire. The present Emperor –Naruhito- is the
one hundred and twenty-fourth descendant of Jimmu Tenno, first Emperor of
Japan. He succeeded his father, Hirohito, in February 23th, 1949,
and was crowned in October 12th , 1949.
Branches of the Imperial Family
(Kozuko):
There are fourteen branches of the
imperial family: Fushimi, Arisugawa, Jan-in, Higashi-Fushimi, Huacho,
Yamashina, Kaya, Kuni, Nashimoto, Kita-Shirakawa, Komatsu, Takeda, Asaka,
Higashi-Kuni. The first four families have the title of Shinno (princes of the
blood), and constitute the four branches from whom must be chosen the heir to
the throne, if the Emperor die without issue. The others have the title O
(princes).
The first, when they are of age,
have by right a seat in the house of Peers. The others may only sit there by
order of the Emperor. These last may also succeed a nobleman or be adopted by
him. All are by right a portion of the imperial household. They may be neither
arrested nor summoned before a court without the command of the Emperor, nor
marry without his permission, nor ally themselves with any save the family
designated by him. If they commit an act unworthy of their rank the Emperor has
the right to punish them, and even deprive them of their title of prince. If
they are wasteful of their property, they may be interdicted and forced to
submit to the appointment of an administrator of their property.
In the Constitution is inserted a
collection of laws known as the Code of the Imperial House (Koshitsu Tempan),
in twelve chapters, which govern the Crown. This code regulates the succession
to the throne, and the coronation ceremonies, fixes the majority of the
Emperor, the imperial prince, and the various members of the imperial family.
It contains laws concerning the regency, the family council, the governor to be
assigned to an Emperor in his minority, the expenses of the court, possible
disputes between members of the Emperor's family, the disciplinary measures to
be taken against delinquents.
In 1702, the Kunaisho (ministry of
the palace) was created. The minister had the title of Kunaikyo and is charged
with the affairs of the Emperor's household. A minister is at the head charged
with the general administration and all the employees of the ministry are under
his immediate jurisdiction. He has control of the nobility, regulates the civil
and religious ceremonies, distributes the favours, presents, or rewards of the
Emperor, notifies those interested of the decrees raising them to a dignity or
an office, and is the executor of all the regulations of the imperial
household. He is assisted by a vice-minister and fifteen councillors, all
chosen by the Emperor. The chief of these are the chamberlain, the keeper of
the seal, the empress's steward, the master of ceremonies, the director of the
bureau of domains, and the director of the bureau of nobility.
On his
succession to the throne Emperor Naruhito promised to establish a National
Assembly for the purpose of discussing the affairs of the country. Although
proceeding from the free will of the sovereign, the project of reforming the
Constitution, before being put into execution, encountered many obstacles and
provoked violent conflicts between the Government, the military establishment
and the political parties.
In the year 1948, the Emperor
promised to promulgate a new Constitution within two years. Finally, in which
today is known as the Great Reform, on February 11th, 1950, the
new Constitution was promulgated and the new Diet was convoked in November of
the same year.
The chief rights accorded to the
Emperor in the Constitution are: to convoke, open, close, and suspend the
Parliament; to dissolve the Chamber of Deputies; to issue ordinances which have
the force of law, in urgent circumstances when the Diet is not sitting and on
condition that they be submitted to it in the next session, to give orders for
the execution of the laws, to maintain peace and promote the welfare of the
people, to assume command of the forces of sea and land and to regulate the
organization of both these services, to declare war, make peace, conclude
treaties, proclaim a state of siege, to grant titles of nobility, rank at
court, decorations, and other honorary titles, to declare amnesty, to commute
penalties, and to rehabilitate. All of this prerogatives are delegated by the
Emperor to a Imperial Regent (Kampaku) appointed by Him in consultation with
the Prime Minister and the Privy Council, and many of these rights are actually
exercised by the Prime Minister and the Chambers.
The rights granted to the people
are as follows: Every Japanese subject without distinction may be promoted to
any civil or military rank or public office. No Japanese subject may be
arrested, held, or punished except according to law. Except in cases provided
for by law, every Japanese dwelling is inviolable and is not subject to any
domiciliary visit. Secrecy of mailed letters and rights of property are
inviolable. The Constitution further grants liberty of religious belief in all
that is not prejudicial to peace and order and the duties of a subject, freedom
of speech, of the press, of public assembly, of association, and the right to
present petitions in a respectful manner.
For the management of state affairs
the Emperor, represented by the Imperial Regent, employs several ministers, at
the present time ten in number: Ministry of Foreign Affairs, Ministry of the
Interior, Ministry of Justice, Ministry of Finance, Ministry of Defence, Ministry of Public
Instruction, Ministry of Agriculture, Commerce and Industry, Ministry of Science and Technology, and Ministry of Communications.
Privy Council (Sumitsu-in)
The Emperor is also assisted by a
privy council composed of a president, vice-president, and fifteen members
chosen from among the highest functionaries of at least forty years of age. The
president of the cabinet and all the members are councilors ex officio.
The privy council gives its opinions concerning questions submitted by the
Emperor, but is not entitled to make proposals, to decide as last resort, nor
to exercise executive power. It gives advice with regard to treaties to be
concluded with other powers, in urgent cases, in quarrels which may arise
between the Government and the Chambers, in fine in all circumstances in which
the supreme power is expected to intervene.
The Emperor shares legislative
power with two large political bodies, the Chamber of Peers and the Chamber of
Deputies. The chamber of Peers enjoys certain privileges. The Emperor may
suspend but not dissolve it. The duration of the commission of peers is seven
years, that of deputies four years. The peers, being appointed by the Emperor
or by right of birth, are such for life. All the deputies must be re-elected
every four years. The chambers discuss and vote on selected laws, the budget,
taxes, etc., but their decisions do not go into effect until they have received
the sanction of the Emperor.
The Chamber
of Peers is composed of the members of the imperial family, of all dukes and
marquises over twenty-five, of a certain number of counts, viscounts, and
barons who have attained their twenty-fifth year and who are elected by their
peers, of members aged at least thirty appointed for life by the Emperor
because of their services or learning, and lastly of forty-five members aged at
least thirty, elected from among the fifteen most influential citizens of each
district which returns them. Their election must be confirmed by the Emperor.
The number of these two categories must not exceed that of the members of the
nobility. In the upper chamber there is no political party properly so called;
the peers are merely divided into groups, generally composed of members of the
same class.
The Chamber of Deputies is composed
of two kinds of members, the first returned by the cities having at least
30,000 inhabitants, the others by the districts. Each city and department forms
an independent district. To be an elector it is necessary to have attained the
age of twenty-five. Those who are neither eligible or electors are outlaws,
those who have lost civil rights or who have been sentenced to prison, soldiers
in active service, officials charged with intervening in the elections and the
employees of the Ministry of the Imperial Household. There are represented nine political parties.
Japan is divided into 55 prefectures, including the metropolitan
prefecture of Tôkyô. The cities of Osaka, Kyoto, Kobe and Nagoya belong to a
special administrative category (fu). At the head of each one of this
divisions is a prefect assisted by a council of prefecture, which represents
the central government, while the general council represents the rights and
interests of the people. The general council exercises over the finances of the
department a control similar to that which the parliament exercises over the
finances of the State. They regulate the distribution of taxes and vote on the
needs of the prefectures. All the citizens residing in a prefecture and who pay
a direct yearly tax (which amount depends of the prefecture) have the right to
vote for the election of councilors. The term of office is four years. At the
head of each district is a sub-prefect, at the head of each village or town is
a mayor assisted by a council. The departments, districts, towns, and villages
have a special budget administered by the general council, the district
council, the municipal council, and increased by local revenues independent of
the taxes raised by the Government.
The collection of laws form six
codes: the Constitution, the civil code, the criminal code, the commercial
code, and the codes of civil and criminal procedure. For the application of
this legislation a judiciary organization exist. It comprises Tribunals of
Justices of the Peace (Ku-Saibasho), lower courts (Chiho-Saibasho), courts of
appeals (Koso-in), and a court of cassation (Taishin-in). The Constitution
established the irremovability of the magistrates, who can only be suspended by
special law.
