peror on His Throne combines in Himself the Sovereignty of
the State and the Government of the country and of His subjects."
Article 3 of the Constitution states that "the Emperor is sacred
and inviolate." Marquis Ito's comment in explanation of this is
peculiarly Japanese. He says, "The Sacred Throne was established
at the time when the heavens and earth became separated. The
Empire is Heaven-descended, divine and sacred; He is pre-eminent
above all His subjects. He must be reverenced and is inviolable.
He has, indeed, to pay due respect to the law, but the law has no
power to hold Him accountable to it. Not only shall there be no
irreverence for the Emperor's person, but also shall He neither
be made a topic of derogatory comment nor one of discussion."
Through the Constitution of Japan the Japanese Emperor exercises
the legislative power, the executive power, and the judiciary
power. The Emperor convokes the Imperial Diet, opens, closes,
prorogues, and dissolves it. When the Imperial Diet is not
sitting, Imperial ordinances may be issued in place of laws. The
Emperor has supreme control of the Army and Navy, declares war,
makes peace, and concludes treaties; orders amnesty, pardon and
commutation of punishments.
As to the Ministers of State, the Constitution of Japan, Article
55, says: "The respective Ministers of State shall give their
advice to the Emperor and be responsible for it."
Ito's commentary on this article indicates his intention in
framing it. "When a Minister of State errs in the discharge of
his functions, the power of deciding upon his responsibilities
belongs to the Sovereign of the State: he alone can dismiss a
Minister who has appointed him. Who then is it, except the
Sovereign, that can appoint, dismiss, and punish a Minister of
State? The appointment and dismissal of them having been included
by the Constitution in the sovereign power of the Emperor, it is
only a legitimate consequence that the power of deciding as to
the responsibility of Ministers is withheld from the Diet. But
the Diet may put questions to the Ministers and demand open
answers from them before the public, and it may also present
addresses to the Sovereign setting forth its opinions.
"The Minister President of State is to make representations
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