The Political Development of Japan, 1867-1909

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...p. 125. Boutmy, Studies in Constitutional Law, p 50. the most beautiful phenomenon in the history of mankind," is largely due to the elasticity of the English Constitution. Bagehot calls this elastic feature of the English Constitution the "safety-valve" and says, "It lets forth a dangerous accumulation of inhibited power which might sweep this Constitution before it as like accumulations have often swept away like Constitutions."1 One of the chief reasons why the Constitution set up by the Articles of the Confederation of 1777 in the United States was completely thrown out, was that it lacked 1/ practical amending power, or had no efficient "safetyvalve," though the object of making amendment difficult was to prevent the central government from encroaching on the rights of the several States.2 The lack of an efficient "safety-valve" in a Constitution causes, unless the community is stationary, a "dangerous accumulation of inhibited powers," which is likely to result either in the overthrow of the Constitution or in the stagnation of society. Article LXXIII. of the Constitution of Japan provides that "when it has become necessary in future to amend the provision of the present Constitut1on, a project to that effect shall be submitted to the Imperial Diet by Imperial Order. In this case, neither House can open the debate, unless not less than two-thirds of the whole number of members are present, and no amendment can be passed unless a majority of not less than two-thirds of the members present is obtained." Hence the people, or the Diet, it is implied, have no initiative for amending the Constitution. A project for amendment must come from above. It is not, however, very...