Constitutional Imperialism in Japan/Introduction

by Ernest Wilson Clement

Introduction

T he Japanese Constitution was promulgated February 11, 1889; the first national election for members of the Lower House of the Imperial Diet was held on July 4, 1890; and the first session of the Japanese Diet was formally opened on November 29, 1890. According to the Preamble of the Constitution, the time of the opening of that first session was to be "the date when the present Constitution comes into force". Of course, that instrument was practically in force as soon as it was promulgated, because preparations were begun to carry out in detail its provisions, as well as the provisions of the Imperial House Law, the Ordinance concerning the House of Peers, the Law of the (Two) Houses, the Law of the Election of Members of the House of Representatives, and the Law of Finance,—all of which were promulgated in connection with the Constitution.^[1]

In any event (without trying to be too exact mathematically), it is perfectly proper to assume that, by 1915, twentyfive years of constitutional government in modern Japan have passed. This is, then, a suitable time to be "looking backward" over the quarter of a century, to attempt to portray the progress of constitutionalism in Japan, and to determine its present status. For this purpose, the heading "Constitutional Imperialism" has been adopted. It should be stated that there was a slight inclination to make the title "Imperialistic Constitutionalism." But as Imperialism was first chronologically and is still first theoretically and practically, with such modifications as have been introduced by the Constitution, it seemed more appropriate, from every point of view, to make "Constitutional" an adjective modifying "Imperialism".

This fact should be borne in mind by American readers, who must not expect to find, in the Japanese political system, such popular rights and privileges as they enjoy, or such as the English enjoy under a constitutional monarchy. It must be remembered that the Japanese constitution was framed principally from German models, as best suited to the conditions in Japan at that time. The American Republic and the British Empire were too radical in their political constitutions to be followed by a nation emerging from centuries of feudalism and absolute imperialism. The modifications of imperialism could not be too extreme or too sudden, but must be slight and gradual. The people as a whole must be educated up to the point where they could understand and appreciate, not only political rights and privileges, but also political duties and responsibilities. Fukuzawa, the great Commoner of Japan, once wrote as follows:

Owing to the peculiar customs which have for so long existed, we are not at all sensitive about our privileges and our rights.

The Japanese people needed to be gradually educated up to an appreciation of popular rights and duties. Thus the Constitution was to be, in a sense, the school-master to lead them to Constitutionalism.

Now, this subject of "Constitutional Imperialism in Japan" may be conveniently divided into the following topics:

I.		The Imperial Prerogative.
II.		The Privy Council.
III.		The "Elder Statesmen."
IV.		The Cabinet.
V.		The Imperial Diet.
		A.House of Peers.
		B.House of Representatives.
VI.		The Judiciary.
VII.		The Rights and Duties of Subjects.
VIII.		Political Parties.
IX.		Public Opinion.
X.		Conclusions.

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1. Those documents are printed in full in the Appendix of this book, except the Imperial House Law, which is given only in part.