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The Constitution of the Empire of Japan, Japan's first constitution, was
promulgated in 1889, after two decades of careful studies on the constitutions
of the United States and Europe, in particular that of Germany. With this
constitution Japan was to set forth the foundation of a modern state. However,
the articles concerning the emperor and the state were still deeply rooted in
Japan's old Shinto tradition. The Emperor is sacred and inviolable (Article
III). The Emperor is the head of the Empire, combining in himself the rights of
sovereignty, and exercises them, according to the provisions of the present
Constitution. (Article IV). Hirobumi Itō, who became the first prime minister of
Japan in 1885, played a leading role towards the adoption of this monarchism. In
this commentary wrote Itō, "The Sacred Throne of Japan is inherited from
Imperial Ancestors, and it is to be bequeathed to posterity; in it resides the
power to reign over and govern the State" (Itō, Miyoji, tr.Commentaries on
the Constitution of the Empire of Japan). After the promulgation of the
constitution, Kotarō Kaneko, a graduate of Harvard Law School and one of the
draftsmen of the constitution, visited with the translated edition prominent
legal scholars in Europe and the United States, including Oliver Wendell Holmes,
then Chief Justice of the Supreme Court of Massachusetts. The reactions were
generally positive and approving. The Toshiba Library also houses the translated edition.
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