ABSTRACT
WE HAVE ALREADY OBSERVED elsewhere that one of the outstanding characteristics of the Japanese constitutional system is the wide scope of the imperial prerogative over the general affairs of the state.1 And this point is brought out most strikingly in the sweeping nature of the diplomatic prerogative of the emperor. Thus, Article XIII of the Constitution provides: “The emperor declares war, makes peace, and concludes treaties.” So far as the fundamental law of the land is concerned, the emperor is under no restrictions in the exercise of his prerogative over treaties. No legal limitations are placed upon either the substance or form of a treaty that may be concluded by him; his power is unhampered by the Diet, Privy Council, or any other organ of the state.
