However, the Constitution of the Empire of Japan specified that people's rights were "privileged" ones that were given by the emperor and these rights could be limited "by the constitution" and only permitted "within the confines of the law," in favor of public order and security.
しかしながら、大日本帝国憲法は国民の権利を、天皇が臣民に与えた「恩恵的権利」と定義し、権利制限の根拠を「法律ニ定メタル場合」「法律ノ範囲内」などのいわゆる「法律の留保」、あるいは「安寧秩序」に求めた。