Previous Constitution of Japan [1889] | Page 6

in the matter, be
amenable to the general law.
Article 53. The Members of both Houses shall, during the session, be
free from arrest, unless with the consent of the House, except in cases
of flagrant delicts, or of offenses connected with a state of internal
commotion or with a foreign trouble.
Article 54. The Ministers of State and the Delegates of the Government
may, at any time, take seats and speak in either House.

CHAPTER IV.
THE MINISTERS OF STATE AND THE PRIVY COUNCIL
Article 55. The respective Ministers of State shall give their advice to
the Emperor, and be responsible for it.
(2) All Laws, Imperial Ordinances, and Imperial Rescripts of whatever
kind, that relate to the affairs of the state, require the countersignature
of a Minister of State.
Article 56. The Privy Councillors shall, in accordance with the
provisions for the organization of the Privy Council, deliberate upon
important matters of State when they have been consulted by the
Emperor.

CHAPTER V.
THE JUDICATURE
Article 57. The Judicature shall be exercised by the Courts of Law
according to law, in the name of the Emperor.
(2) The organization of the Courts of Law shall be determined by law.
Article 58. The judges shall be appointed from among those, who
possess proper qualifications according to law.
(2) No judge shall be deprived of his position, unless by way of
criminal sentence or disciplinary punishment.
(3) Rules for disciplinary punishment shall be determined by law.
Article 59. Trials and judgments of a Court shall be conducted publicly.
When, however, there exists any fear, that such publicity may be
prejudicial to peace and order, or to the maintenance of public morality,
the public trial may be suspended by provisions of law or by the
decision of the Court of Law.
Article 60. All matters that fall within the competency of a special
Court, shall be specially provided for by law.
Article 61. No suit at law, which relates to rights alleged to have been
infringed by the illegal measures of the administrative authorities, and
which shall come within the competency of the Court of Administrative
Litigation specially established by law, shall be taken cognizance of by
Court of Law.

CHAPTER VI.
FINANCE
Article 62. The imposition of a new tax or the modification of the rates
(of an existing one) shall be determined by law.
(2) However, all such administrative fees or other revenue having the
nature of compensation shall not fall within the category of the above
clause.
(3) The raising of national loans and the contracting of other liabilities
to the charge of the National Treasury, except those that are provided in
the Budget, shall require the consent of the Imperial Diet.
Article 63. The taxes levied at present shall, in so far as they are not
remodelled by a new law, be collected according to the old system.
Article 64. The expenditure and revenue of the State require the
consent of the Imperial Diet by means of an annual Budget.
(2) Any and all expenditures overpassing the appropriations set forth in
the Titles and Paragraphs of the Budget, or that are not provided for in
the Budget, shall subsequently require the approbation of the Imperial
Diet.
Article 65. The Budget shall be first laid before the House of
Representatives.
Article 66. The expenditures of the Imperial House shall be defrayed
every year out of the National Treasury, according to the present fixed
amount for the same, and shall not require the consent thereto of the
Imperial Diet, except in case an increase thereof is found necessary.
Article 67. Those already fixed expenditures based by the Constitution
upon the powers appertaining to the Emperor, and such expenditures as
may have arisen by the effect of law, or that appertain to the legal
obligations of the Government, shall be neither rejected nor reduced by
the Imperial Diet, without the concurrence of the Government.
Article 68. In order to meet special requirements, the Government may
ask the consent of the Imperial Diet to a certain amount as a Continuing
Expenditure Fund, for a previously fixed number of years.
Article 69. In order to supply deficiencies, which are unavoidable, in
the Budget, and to meet requirements unprovided for in the same, a
Reserve Fund shall be provided in the Budget.

Article 70. When the Imperial Diet cannot be convoked, owing to the
external or internal condition of the country, in case of urgent need for
the maintenance of public safety, the Government may take all
necessary financial measures, by means of an Imperial Ordinance.
(2) In the case mentioned in the preceding clause, the matter shall be
submitted to the Imperial Diet at its next session, and its approbation
shall be obtained thereto.
Article 71. When the Imperial Diet has not voted on