Abstract

No mention of the cabinet is made in the Japanese constitution of 1889. Nevertheless, both before and after the proclamation of the fundamental law, a large part of the national administration of Japan has been initiated, directed, and supervised in a collective method by a body of officials which resembles in external characteristics the typical European parliamentary cabinet.This cabinet has never enjoyed the unrivaled direction of administration as found in many parliamentary systems. First of all, the Emperor combines in himself all the rights of sovereignty and exercises these rights through various organs including not only the cabinet, but also the army and navy and the Imperial Household. The cabinet does not have a monopoly upon advice given to the Emperor. The right to advise is shared with the Genro (Elder Statesman), the officers of the Imperial Household, the Privy Council, and the advisers of the “supreme command,” including the chiefs of staff of the army and navy, the Board of Marshals and Fleet Admirals, and the Supreme War Council. The Privy Council is the special guardian of the constitution, consulted by the Emperor upon the propriety and wisdom of projects of law, ordinances, and treaties drafted or negotiated by the cabinet, and its advice may, and often does, run counter to that of the cabinet.

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