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The Japanese Cabinet1

Published online by Cambridge University Press:  02 September 2013

Kenneth Colegrove
Affiliation:
Northwestern University

Extract

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.

Type
Research Article
Copyright
Copyright © American Political Science Association 1936

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References

2 Compare the Ito Ko Zenshu, or “Complete Writings of Prince Ito” (ed. by Komatsu, Midori, Tokyo, 1928), Vol. III, p. 84Google Scholar.

3 See the Imperial Proclamation No. 69, December 22, 1885. Horei Zensho, or “Collection of Laws,” 1885 (Tokyo, 1886), p. 1044Google Scholar. For an English translation, see McLaren, W. W., Japanese Government Documents, in the Transactions of the Asiatic Society of Japan (Tokyo, 1914), Vol. XLII, pt. i, pp. 9495Google Scholar. For an account of the creation of the cabinet system, see Count Kaneko, Kentaro, “Reminiscences of the Time of the Initiation of the Cabinet System,” in the Chuo Koron (“Central Review”), Feb., 1936, no. 579, pp. 115122Google Scholar.

4 The Naikaku Kansei, or “Imperial Ordinance Regarding the Organization of the Cabinet,” No. 125, December 24, 1889, is found in the Genko Horei Shuran, or “Compilation of Laws and Ordinances in Force” (Tokyo, 1907), Vol. I, bk. i, pt. iii, pp. 12Google Scholar. For an English translation, see McLaren, , Japanese Government Documents, pp. 232233Google Scholar.

5 Compare Minobe, Tatsukichi, Kempo Satsuyo, or “Principles of the Constitution” (Tokyo, 1932), pp. 294295Google Scholar; Shimizu, Cho, Kempo Hen, or “Principles of Constitutional Law” (Tokyo, 1923), pp. 735736Google Scholar.

6 Originally proclaimed as Imperial Ordinance No. 122, October 31, 1893. As subsequently revised, see Genko Horei Shuran (1931), Vol. I, bk. iii, pp. 112Google Scholar.

7 For instance, the imperial ordinance for the organization of the foreign office is known as the Gaimusho Kansei, issued as Imperial Ordinance No. 258 of 1898. Genko Horei Shuran (1931), Vol. I, bk. iii, pp. 3839Google Scholar. The text is also published in the Gaimusho Nenkan, or “Yearbook of the Ministry of Foreign Affairs” (1933), pp. 1434Google Scholar.

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9 The Taiman Jimu Kyoku was created by the Imperial Ordinance No. 347, December 26, 1934. Kwampo gogai, or “Imperial Gazette” (extra), December 26, 1934, p. 1Google Scholar.

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12 Compare Yamada, Shikazo, “Formation of the Japanese Cabinet as Told by Press Reports,” in the Kokka Gakkai Zasshi, or “Journal of the Association of Political and Social Science” (April and May, 1924), Vol. XXXVIII, pp. 24–68, 95140Google Scholar.

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14 Count Okuma died on January 10, 1922, Prince Yamagata on February 1, 1922, and Prince Matsugata on July 2, 1924. Regarding the designation of Prince Saionji as Genro, see Takekoshi, Yosaburo, Toan-Ko, or “Prince Toan” (Kyoto, 1929), pp. 249250Google Scholar.

15 Compare an article on “Politics” by Baba, Tsunego in the Chuo Koron Nempo (Annual Supplement of the “Central Review”), 1935, pp. 112113Google Scholar.

16 The party cabinets in 1924–36 include: Taka-akira Kato (first, 1924); Taka-akira Kato (second, 1925); Wakatsuki (1926); Tanaka (1927); Hamaguchi (1929); Wakatsuki (second, 1931); and Inukai (1932). There has been one super-party cabinet, Kiyoura (1924); and three coalition-bureaucratic cabinets, namely, Saito (1932); Okada (1934); and Hirota (1936).

17 For the demands of the progressives, see Shigenobu Okuma's address to the Throne in March, 1881, concerning the fundamental principles of a modern constitution. Okuma-ko Hachiju-go Nen Shi, or “History of the Eighty-Five Years of Marquis Okuma” (ed. by Ichijima, Kenkichi, Tokyo, 1926), Vol. I, pp. 796808Google Scholar. Compare Osatake, Takeshi, Nippon Kensei Shi, or “Constititional History of Japan” (Tokyo, 1930), pp. 273283Google Scholar.

18 Compare Osatake, Takeshi, Nippon Kensei Shi, or “Constitutional History of Japan” (Tokyo, 1930), ch. xiv, pp. 337346Google Scholar.

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24 See his Kempo Hen, or “Principles of Constitutional Law” (Tokyo, 1923), pp. 678687Google Scholar.

25 The attack on Dr. Minobe in the House of Peers began in February, 1935, with denunciatory speeches by Baron Takeo Kikuchi and Baron Mimuroto. Kwampo gogai, Feb. 19, 1935, pp. 9298Google Scholar. Compare the Tokyo Asahi, Feb. 19, 1935, p. 1Google Scholar.

26 Compare the statement by Baron Takeo Kikuchi to the effect that although Baron Ikki had not published his lectures in the law school, nevertheless there were stenographic notes of his lectures in 1899. Kwampo gogai, Feb. 19, 1935, p. 94Google Scholar.

27 Kempo Satsuyo, or “Principles of the Constitution” (Tokyo, 1932), pp. 1021Google Scholar. See also his several essays in the Saikin Kempo Ron, or “Recent Developments in Constitutional Law” (ed. by Hoshijima, Jiro, Tokyo, 1927)Google Scholar.

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30 Compare article on “The Plight of Parliamentarism in Japan in Recent Years,” in the Nippon Keizai Nempo, or “Japanese Economic Annals” (Feb. 1934), Vol. XV, pp. 228269Google Scholar.

31 See reports in the press of the statement of Baron Kikuchi to the effect that the late Marshal Uyehara used to denounce Dr. Minobe's theory and warned his subordinate officers against the dissemination of such theories in the army. Tokyo Asahi, Mar. 5, 1935, p. 2Google Scholar; Japan Weekly Chronicle, Mar. 14, 1935, p. 339Google Scholar.

32 Compare the address of Yukio Ozaki before the House of Representatives on March 16, 1935. Kwampo gogai, Mar. 17, 1935, pp. 687690Google Scholar.

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36 Genko Horei Shuran (Tokyo, 1907), Vol. I, bk. i, pt. iii, p. 1Google Scholar.

37 Compare Minobe, , Kempo Seigi (1931), pp. 532534Google Scholar, and his Kempo Satsuyo (1932), pp. 330333Google Scholar; Baba, , Kempo Seiji no Riron to Jissai (1926), pp. 201204Google Scholar.

38 The rule was laid down simply by appending lists to the Rikugunsho Kansei (“Imperial Ordinance for the Organization of the War Department”) and the Kaigunsho Kensei (“Imperial Ordinance for the Organization of the Navy Department”) specifically naming the army and the navy officers eligible for appointment respectively to the two portfolios. Compare Minobe, , Kempo Seigi (1932), pp. 528529Google Scholar. Prince Ito, in reply to a question from the Emperor on September 15, 1891, had held for the separation of the military and political powers, and in principle approved of the appointment of only high ranking army and naval officers to the portfolios of war and the navy. See Ito Hirobumi Hiroku, or “Secret Memoirs of Prince Hirobumi Ito” (ed. by Hiratsuka, Atsushi, Tokyo, 1929), pp. 113115Google Scholar.

39 Yosaburo Takekoshi, Toan-ko, ch. lxiv; Kudo, , Taisho Kensei Shi, pp. 1320Google Scholar. Saionji persuaded Admiral Saito to leave the navy portfolio, and when Prince Katsura tried to form a cabinet he was compelled to petition the Emperor for an imperial edict commanding Admiral Saito to retain his post. See the interpellation by Motoda, Hajime in the Dai Nippon Teikoku Gikai Shi (Feb. 5, 1912), Vol. VIII, pp. 14731478Google Scholar.

40 Compare Kudo, , Taisho Kensei Shi, or “Constitutional History of the Taisho Era” (Tokyo, 1927), p. 72Google Scholar; Minobe, , Kempo Seigi (1932), pp. 528529Google Scholar. Recently an imperial decree has again limited the appointment of ministers and vice-ministers of war and the navy to the active list. Kwampo, May 18, 1936, p. 1Google Scholar.

41 See the editorial note in the Dai Nippon Teikoku Gikai Shi, Vol. IX, p. 786Google Scholar. Compare Kudo, , Taisho Kensei Shi, p. 96Google Scholar.

42 Tokyo Asahi, Mar. 6, 7 and 8, 1936; Jiji Shimpo, Mar. 7 and 9, 1936.

43 Regarding the deliberations in the cabinet, see accounts in the Tokyo Asahi, the Osaka Mainichi, and the Jiji Shimpo, Sept. 22, 23 and 24, 1931. Compare an article in the Keizai Orai, or “Economic Review” (Nov., 1931), Vol. VI, no. 6, pp. 9097Google Scholar.

44 For Secretary of State Stimson's statement, see U. S. Department of State: Press Releases, Nov. 28, 1931, pp. 502503Google Scholar. Compare the Tokyo Asahi, Nov. 29, 1931, p. 1Google Scholar.

45 See O-oka's speech in support of his resolution for retrenchment of the army, on February 7, 1922. Dai Nippon Teikoku Gikai Shi, Vol. XIII, pp. 655656Google Scholar.

46 Yoshino, 's Niju Seifu to Iaku Joso, or “Dual Government and the Supreme Command” (Tokyo, 1922)Google Scholar, was the leading literary attack on the system of iaku joso.

47 See the Sumitsuin Kansei, or “Imperial Ordinance Regarding the Privy Council,” No. 22, April 28, 1888Google Scholar, as amended. Oenko Horei Shuran (1927), Vol. I, bk. i, pp. 114Google Scholar.

48 See the author's “Japanese Privy Council,” in this Review, Vol. XXV, pp. 881905Google Scholar.

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50 Commentaries, pp. 94–95.

51 See Hozumi, , Kempo Teiyo (1910), Vol. I, pp. 560566Google Scholar; Uyesugi, , Kempo Jutsugi (1927), pp. 672673Google Scholar; Shimizu, , Kempo Hen (1923), pp. 647–649, 702, 727Google Scholar.

52 Minobe, , Kempo Seigi (1927), p. 552Google Scholar; and his Kempo Satsuyo (1932), p. 301Google Scholar. Compare Moriguchi, Shigeji, Kensei no Genri to sono Unyo (1929), pp. 206217Google Scholar.

53 Kwampo gogai, Feb. 19, 1934, pp. 341342Google Scholar. Compare the Tokyo Asahi and the Osaka Mainichi, Mar. 4 and 6, 1934Google Scholar.

54 Kwampo gogai, Feb. 10, 1934, p. 210Google Scholar; Tokyo Asahi, Feb. 11, 1934, p. 1Google Scholar; Japan Weekly Chronicle, Feb. 15, 1934, pp. 197–198, 207208Google Scholar.

55 Compare Minobe, , Kempo Seigi (1931), pp. 483484Google Scholar; Moriguchi, , Kensei no Genri to sono Unyo (1929), pp. 201205Google Scholar.

56 The Naikaku Shingi Kwai was established by an imperial ordinance dated May 10, 1935. Kwampo gogai, May 11, 1935, p. 1Google Scholar. Another ordinance provided for the Naikaku Chosa Kyoku, or Cabinet Research Bureau, for the purpose of conducting investigations of subjects referred to it by the prime minister. Compare section on the Naikaku Shingi Kwai” in the Nippon KeizaiNempo, or “Japanese Economic Annals” (July, 1935), Vol. XX, p. 275279Google Scholar.

57 See the interpellation in the Budget Committee of the House of Representatives on March 18, 1935. Tokyo Asahi, Mar. 19, 1935, p. 2Google Scholar.