Compare Constitution Draft
Preamble
We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a universal principle of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws, ordinances, and rescripts in conflict herewith.
We, the Japanese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world. We desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world have the right to live in peace, free from fear and want.
We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations.
We, the Japanese people, pledge our national honor to accomplish these high ideals and purposes with all our resources.
Chapter I. The Emperor
Article 1. (The Status of the Emperor and Popular Sovereignty)
The Emperor shall be the symbol of the State and of the unity of the people, deriving his position from the will of the people with whom resides sovereign power.
Article 2. (Dynastic Succession to the Imperial Throne)
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.
Article 3. (The Advice and Approval of the Cabinet, and the Cabinet’s Responsibility)
The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor.
Article 4. (The Emperor’s Powers and Exercising the Power to Delegate)
The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government.
(2) The Emperor may delegate the performance of his acts in matters of state as may be provided by law.
Article 5. (Regencies)
When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform his acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable.
Article 6. (The Emperor's Acts of Appointment)
The Emperor shall appoint the Prime Minister as designated by the Diet.
(2) The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Cabinet.
Article 7. (The Emperor’s Acts in Matters of State)
The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
1. Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
2. Convocation of the Diet.
3. Dissolution of the House of Representatives.
4. Proclamation of general election of members of the Diet.
5. Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
6. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
7. Awarding of honors.
8. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
9. Receiving foreign ambassadors and ministers.
10. Performance of ceremonial functions.
Article 8. (Restrictions on Giving and Receiving Property)
No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without the authorization of the Diet.
Chapter II. Renunciation of War
Article 9. (The Renunciation of War, and the Disavowal of War Potential and the Right of Belligerency)
Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
(2) In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.
Chapter III. Rights and Duties of the People
Article 10. (The Conditions Necessary for Being a Japanese National)
The conditions necessary for being a Japanese national shall be determined by law.
Article 11. (Fundamental Human Rights)
The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.
Article 12. (The Obligation to Maintain Freedoms and Rights; the Public Welfare)
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.
Article 13. (Respect for Individuals and the Public Welfare)
All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.
Article 14. (Principles of Equality, the Rejection of an Aristocratic System, and Limits on Honors)
All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
(2) Peers and peerage shall not be recognized.
(3) No privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it.
Article 15. (The Right to Choose and Dismiss Public Officials, the Essential Qualities of Public Officials, the Guarantee of Adult Suffrage and Secrecy of the Ballot)
The people have the inalienable right to choose their public officials and to dismiss them.
(2) All public officials are servants of the whole community and not of any group thereof.
(3) Universal adult suffrage is guaranteed with regard to the election of public officials.
(4) In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.
Article 16. (The Right to Petition)
Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.
Article 17. (Redress for Suffering Caused by Illegal Acts of Public Officials)
Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.
Article 18. (Prohibition of Slavery and Involuntary Servitude)
No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.
Article 19. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.
Article 20. (Freedom of Religion)
Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority.
(2) No person shall be compelled to take part in any religious act, celebration, rite or practice.
(3) The State and its organs shall refrain from religious education or any other religious activity.
Article 21. (Freedom of Assembly, Association and Speech; Protection of the Secrecy of Communication)
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
(2) No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
Article 22. (The Freedom to Choose and Change One’s Residence, Choose One’s Occupation, and Move to a Foreign Country and Divest Themselves of Their Nationality)
Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare.
(2) Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Article 23. (Academic Freedom)
Academic freedom is guaranteed.
Article 24. (Individual Dignity in Family Relationships and Equality of the Sexes)
Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
(2) With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.
Article 25. (The Right to a Certain Standard of Living and the State’s Obligation to Use Its Endeavors to Improve the People’s Lives)
All people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
Article 26. (The Right and Obligation to Receive an Education)
All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
(2) All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.
Article 27. (The Right and Obligation to Work, Standards for Working Conditions, and the Ban on Exploiting Children)
All people shall have the right and the obligation to work.
(2) Standards for wages, hours, rest and other working conditions shall be fixed by law.
(3) Children shall not be exploited.
Article 28. (The Right of Workers to Organize and Act Collectively)
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 29. (The Right to Own or Hold Property)
The right to own or to hold property is inviolable.
(2) Property rights shall be defined by law, in conformity with the public welfare.
(3) Private property may be taken for public use upon just compensation therefor.
Article 30. (The Obligation to Pay Taxes)
The people shall be liable to taxation as provided by law.
Article 31. (Guarantee of Life and Liberty, Restrictions on Imposing Punishments)
No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.
Article 32. (Right of Access to the Courts)
No person shall be denied the right of access to the courts.
Article 33. (Restrictions on Apprehension)
No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.
Article 34. (Restrictions on Arrest and Detention)
No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.
Article 35. (Restrictions on Entries, Searches, and Seizures)
The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, or except as provided by Article 33.
(2) Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.
Article 36. (Ban on Torture and Cruel Punishments)
The infliction of torture by any public officer and cruel punishments are absolutely forbidden.
Article 37. (The Rights of the Accused in Criminal Cases)
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
(2) He shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense.
(3) At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts, be assigned to his use by the State.
Article 38. (The Prohibition on Confessions Made under Compulsion and Restrictions on the Admissibility of Confessions as Evidence)
No person shall be compelled to testify against himself.
(2) Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.
(3) No person shall be convicted or punished in cases where the only proof against him is his own confession.
Article 39. (The Prohibition on Ex Post Facto Laws and Double Jeopardy, Etc.)
No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy.
Article 40. (Criminal Compensation)
Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law.
Chapter IV. The Diet
Article 41. (The Position of the Diet)
The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State.
Article 42. (The Bicameral System)
The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.
Article 43. (The Organization of Both Houses)
Both Houses shall consist of elected members, representative of all the people.
(2) The number of the members of each House shall be fixed by law.
Article 44. (The Qualifications of Members of the Diet and Their Electors)
The qualifications of members of both Houses and their electors shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income.
Article 45. (The Term of Office of Members of the House of Representatives)
The term of office of members of the House of Representatives shall be four years. However, the term shall be terminated before the full term is up in case the House of Representatives is dissolved.
Article 46. (The Term of Office of Members of the House of Councillors)
The term of office of members of the House of Councillors shall be six years, and election for half the members shall take place every three years.
Article 47. (The Election of Members)
Electoral districts, method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law.
Article 48. (The Ban on Being a Member of Both Houses Simultaneously)
No person shall be permitted to be a member of both Houses simultaneously.
Article 49. (Annual Payments to Members of the Diet)
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.
Article 50. (Diet Members’ Exemption from Apprehension)
Except in cases provided by law, members of both Houses shall be exempt from apprehension while the Diet is in session, and any members apprehended before the opening of the session shall be freed during the term of the session upon demand of the House.
Article 51. (Immunity from Liability for Statements and Votes)
Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.
Article 52. (Ordinary Sessions of the Diet)
An ordinary session of the Diet shall be convoked once per year.
Article 53. (Extraordinary Sessions of the Diet)
The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation.
Article 54. (General Elections, Special Sessions, Emergency Sessions)
When the House of Representatives is dissolved, there must be a general election of members of the House of Representatives within forty (40) days from the date of dissolution, and the Diet must be convoked within thirty (30) days from the date of the election.
(2) When the House of Representatives is dissolved, the House of Councillors is closed at the same time. However, the Cabinet may in time of national emergency convoke the House of Councillors in emergency session.
(3) Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall become null and void unless agreed to by the House of Representatives within a period of ten (10) days after the opening of the next session of the Diet.
Article 55. (Disputes Related to Qualifications)
Each House shall judge disputes related to qualifications of its members. However, in order to deny a seat to any member, it is necessary to pass a resolution by a majority of two-thirds or more of the members present.
Article 56. (Quorums and Majority Decision)
Business cannot be transacted in either House unless one-third or more of total membership is present.
(2) All matters shall be decided, in each House, by a majority of those present, except as elsewhere provided in the Constitution, and in case of a tie, the presiding officer shall decide the issue.
Article 57. (Public Deliberations and Records of Proceedings)
Deliberation in each House shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor.
(2) Each House shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy.
(3) Upon demand of one-fifth or more of the members present, votes of members on any matter shall be recorded in the minutes.
Article 58. (The Selection of Officials and the Autonomy of the Diet)
Each House shall select its own president and other officials.
(2) Each House shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.
Article 59. (The Enactment of Laws)
A bill becomes a law on passage by both Houses, except as otherwise provided by the Constitution.
(2) A bill which is passed by the House of Representatives, and upon which the House of Councillors makes a decision different from that of the House of Representatives, becomes a law when passed a second time by the House of Representatives by a majority of two-thirds or more of the members present.
(3) The provision of the preceding paragraph does not preclude the House of Representatives from calling for the meeting of a joint committee of both Houses, provided for by law.
(4) Failure by the House of Councillors to take final action within sixty (60) days after receipt of a bill passed by the House of Representatives, time in recess excepted, may be determined by the House of Representatives to constitute a rejection of the said bill by the House of Councillors.
Article 60. (The House of Representatives’ Right to Prior Deliberation on Budget Bills and the Resolution of Budgets)
The budget must first be submitted to the House of Representatives.
(2) Upon consideration of the budget, when the House of Councillors makes a decision different from that of the House of Representatives, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or in the case of failure by the House of Councillors to take final action within thirty (30) days, the period of recess excluded, after the receipt of the budget passed by the House of Representatives, the decision of the House of Representatives shall be the decision of the Diet.
Article 61. (The Approval for the Conclusion of Treaties)
The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.
Article 62. (The Right of Each House to Investigate the Government)
Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records.
Article 63. (The Presence of Ministers of State)
The Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations.
Article 64. (The Impeachment Court)
The Diet shall set up an impeachment court from among the members of both Houses for the purpose of trying those judges against whom removal proceedings have been instituted.
(2) Matters relating to impeachment shall be provided by law.
Chapter V. The Cabinet
Article 65. (Executive Power)
Executive power shall be vested in the Cabinet.
Article 66. (The Organization of the Cabinet and its Responsibilities)
The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law.
(2) The Prime Minister and other Ministers of State must be civilians.
(3) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.
Article 67. (The Designation of the Prime Minister)
The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business.
(2) If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within ten (10) days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet.
Article 68. (The Appointment and Removal of Ministers of State)
The Prime Minister shall appoint the Ministers of State. However, a majority of their number must be chosen from among the members of the Diet.
(2) The Prime Minister may remove the Ministers of State as he chooses.
Article 69. (Non-Confidence Resolutions, Dissolution, and Resignation En Masse)
If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days.
Article 70. (Vacancies in the Post of Prime Minister and Mass Resignation After the General Election)
When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Diet after a general election of members of the House of Representatives, the Cabinet shall resign en masse.
Article 71. (The Continuation of Functions After Mass Resignation)
In the cases mentioned in the two preceding articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.
Article 72. (The Prime Minister’s Authority)
The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.
Article 73. (The Cabinet’s Authority)
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
1. Administer the law faithfully; conduct affairs of state.
2. Manage foreign affairs.
3. Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
4. Administer the civil service, in accordance with standards established by law.
5. Prepare the budget, and present it to the Diet.
6. Enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
7. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Article 74. (Signing and Countersigning Laws and Cabinet Orders)
All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister.
Article 75. (Restrictions on Legal Action Against Ministers of State)
The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.
Chapter VI. Judiciary
Article 76. (The Judicial Branch and the Independence of Judges in the Course of Their Duties)
The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
(2) No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.
(3) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
Article 77. (The Supreme Court’s Rule-Making Power)
The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs.
(2) Public procurators shall be subject to the rule-making power of the Supreme Court.
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.
Article 78. (Guarantee of Judges’ Status)
Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against judges shall be administered by any executive organ or agency.
Article 79. (The Composition of the Supreme Court and the Review of the Appointment of Judges by the People)
The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Cabinet.
(2) The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten (10) years, and in the same manner thereafter.
(3) In cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed.
(4) Matters pertaining to review shall be prescribed by law.
(5) The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.
(6) All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 80. (The Judges of Inferior Courts)
The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of ten (10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law.
(2) The judges of the inferior courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 81. (The Supreme Court’s Power of Judicial Review)
The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.
Article 82. (Public Trials and Judgements)
Trials shall be conducted and judgment declared publicly.
(2) Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly.
Chapter VII. Finance
Article 83. (The Requirements for Administering Finances)
The power to administer national finances shall be exercised as the Diet shall determine.
Article 84. (The Requirements for Taxation)
No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
Article 85. (The Requirements for State Expenditures and Debt Obligations)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 86. (Preparing the Budget)
The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year.
Article 87. (The Reserve Fund)
In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet.
(2) The Cabinet must get subsequent approval of the Diet for all payments from the reserve fund.
Article 88. (The Property and Expense of the Imperial Household)
All property of the Imperial Household shall belong to the State. All expenses of the Imperial Household shall be appropriated by the Diet in the budget.
Article 89. (Restrictions on the Use of Public Money)
No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable, educational or benevolent enterprises not under the control of public authority.
Article 90. (Audits)
Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and submitted by the Cabinet to the Diet, together with the statement of audit, during the fiscal year immediately following the period covered.
(2) The organization and competency of the Board of Audit shall be determined by law.
Article 91. (Reporting on the State of National Finance)
At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of national finances.
Chapter VIII. Local Self-Government
Article 92. (Ensuring the Principle of Local Autonomy)
Regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy.
Article 93. (The Organs of Local Public Entities)
The local public entities shall establish assemblies as their deliberative organs, in accordance with law.
(2) The chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities.
Article 94. (The Rights of Local Public Entities)
Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law.
Article 95. (Special Laws Applicable Only to One Local Public Entity)
A special law, applicable only to one local public entity, cannot be enacted by the Diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.
Chapter IX. Amendments
Article 96. (The Initiation of Amendments to the Constitution, National Referendums, and the Promulgation of Amendments)
Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.
(2) Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.
Chapter X. Supreme Law
Article 97. (The Unique Origin of Fundamental Human Rights)
The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate.
Article 98. (The Supremacy of the Constitution, and Observing Treaties and the Laws of Nations)
This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.
(2) The treaties concluded by Japan and established laws of nations shall be faithfully observed.
Article 99. (The Obligation to Respect and Uphold the Constitution)
The Emperor or the Regent as well as Ministers of State, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.
Chapter XI. Supplementary Provisions
Article 100. (The Date of the Constitution’s Enforcement and Preparatory Acts Prior it its Enforcement)
This Constitution shall be enforced as from the day when the period of six months will have elapsed counting from the day of its promulgation.
(2) The enactment of laws necessary for the enforcement of this Constitution, the election of members of the House of Councillors and the procedure for the convocation of the Diet and other preparatory procedures necessary for the enforcement of this Constitution may be executed before the day prescribed in the preceding paragraph.
Article 101. (The Diet Before the House of Councillors is Constituted)
If the House of Councillors is not constituted before the effective date of this Constitution, the House of Representatives shall function as the Diet until such time as the House of Councillors shall be constituted.
Article 102. (Special Transitional Terms of Office for Members of the House of Councillors)
The term of office for half the members of the House of Councillors serving in the first term under this Constitution shall be three years. Members falling under this category shall be determined in accordance with law.
Article 103. (Transitional Provisions Regarding the Position of Public Officials)
The Ministers of State, members of the House of Representatives, and judges in office on the effective date of this Constitution, and all other public officials who occupy positions corresponding to such positions as are recognized by this Constitution shall not forfeit their positions automatically on account of the enforcement of this Constitution unless otherwise specified by law. When, however, successors are elected or appointed under the provisions of this Constitution, they shall forfeit their positions as a matter of course.
Kokutai Sōzō
Kokutai SōzōCreating a National Polity1
Draft of a New Constitution for the Heisei Era2
2002
Preamble
Since the ascendance of Emperor Jimmu on National Foundation Day,3 our country’s social system has adopted various forms. When considering constitutions as a standard of the nation-state [as one such form], we find ourselves already acquainted with the following two particularly excellent cases of this standard:
The Seventeen-Article Constitution
Established by Prince Shōtoku, this constitution provided a clear indication of the standards that those who would repay their country should maintain. Below is a modernized summary of its text:4
1. Harmony should be valued. When superiors and inferiors are in harmony with each other, all things are possible.
2. Believe faithfully in Buddhism.
3. Heaven and Earth are different. Revere the Emperor and obey his imperial commands.
4. Engage in proper conduct.
5. Rule fairly over the people, whether rich or poor.
6. Pay flatterers and deceivers no heed; punish the bad and reward the good.
7. Reward men of means with official status.
8. Labor diligently from early in the morning to late at night.
9. Work with sincerity.
10. Refrain from assuming that those of differing opinion are fools and that one is a sage. First reflect upon oneself.
11. Impartially conduct rewards and punishments.
12. Prohibit the local nobility from imposing public taxes at their own pleasure.
13. Have deep and proper discernment in one’s work.
14. Do not be envious of others.
15. Discard private interests and work for the public good.
16. Consider the situation of the masses when imposing forced labor.
17. Discuss and resolve crucial matters with the many; decide all other matters with the few.
Imperial Oath of Five Articles5
The oath that bound the Meiji Emperor and most clearly indicated the form of a modern nation-state.
1. Deliberative assemblies shall be widely established and all matters decided by public discussion.
2. All classes, high and low, shall unite in vigorously carrying out the administration of affairs of state.
3. The common people, no less than the civil and military officials, shall each be allowed to pursue his own calling so that there may be no discontent.
4. Evil customs of the past shall be broken off and everything based upon the just laws of Nature.
5. Knowledge shall be sought throughout the world so as to strengthen the foundations of imperial rule.
Thus did our ancestors provide us with the foregoing wisdom on how a state should be. We must inherit their will. Moreover, we must create an adamantine national polity for a new age that can abolish foreign dominance, humiliation and interference for the protection of our homeland.
The following text outlines the elements that compose our nation’s polity and their various roles as determined by the procedures of governmental management; this shall be our country’s Constitution.
Author’s Comment: We need not seek to make a new Constitution, for in fact our forebears have already created clear and perfect models of this standard of a nation-state. See the two texts above.
Nonetheless, those texts have portions that do not align with the modern situation, such as the injunction to “believe Buddhism”. Yet this article may be interpreted in the same sense as the one from the Imperial Oath of Five Articles on how “Knowledge shall be sought throughout the world so as to strengthen the foundations of imperial rule”. For Buddhism was the foremost imported knowledge (including its architectural techniques and other areas) during the time of Prince Shōtoku.
We should record the development of our country in its Constitution. In doing so, it would be desirable to record the history of our various constitutions in the preamble.
Our country has been formed through several thousand years’ worth of wisdom and effort. This did not suddenly burst forth. When prescribing a constitution as a standard of the nation-state, we must not be so arrogant as to completely sever ourselves from the wisdom of our ancestors.
We should declare clearly that we inherit our ancestors’ wisdom in the preamble, and affirm our respect for them. After that, we should then propose a new national polity that looks toward the future.
In any case, the two texts cited above are impeccable, by any consideration, as standards that that those who would repay their country should maintain. How politicians and public officials should behave is ultimately and perfectly stated in the Seventeen Article Constitution. How a modern nation-state should be is concisely stated in the Imperial Oath of Five Articles. It is all incredibly clear.
This author asserts that moralizing should be ejected from the Constitution. This is because moralizing discourse is already fully present in the Seventeen Article Constitution. There is no need to add dubious sermons on tacky things like “peace” or “human rights”. What we want to accomplish is at most the definition of a national framework that accords with modernity.
What follows is precisely that.
Chapter I. The Emperor
Article 1. (The Emperor)
The Emperor rules Japan as its sovereign and its highest authority.
Author’s comment: This defines the Emperor’s status in the political structure. Through placing the Emperor as the highest authority and the weakest powerholder without the right to stand for democratic election, while also stipulating the people as the highest powerholders, the complete separation of authority (the influence that is the bedrock of the country) and power (those with actual agency in the country) is realized. In this way the rise of a dictatorship (one who holds both authority and power) is completely prevented.
The word “rules” here originates in how the Emperor used to be called the “Sumeramikoto”.6
The current Constitution has no stipulations on the head of state. If a constitution is a document supposed to define the national policy, it is a hopelessly amateurish text. This personal draft clearly states that the Emperor is defined as the sovereign and the head of state.
Article 2. (The Imperial Throne)
The position of the Emperor is from a line unbroken for ages eternal7 since the antiquity of Japan’s founding and for infinity,8 as symbolized by the Three Sacred Treasures of the Imperial regalia.9 The Crown Prince shall be a male of the first degree of kinship.10 Subsequent titles shall proceed in the order of relations.
Author’s comment: This defines the conditions for inheriting the Imperial Throne. Because it is hereditary, no powerholder, regardless of how much influence they have, may become the Emperor. Thus dictatorship can be prevented.
The term “infinity” is likely to produce dissent along the lines of “laws and constitutions are only valid for the duration of their promulgation. There isn’t any place for inserting words like ‘infinity’.” That sounds convincing and reasonable. Obviously, then, the current Constitution’s wording of “forever renounce war” is equally not fit to be legal language.11
However, the Constitution ought to reflect the traditional understanding of a national polity. In Japan’s history from time immemorial the Emperor constitutes its national polity. So I have used “infinity” only in regard to the Emperor.
Article 3. (Regency)
When the Emperor is unable to carry out their official functions, the Crown Prince shall take his place as the Regent.
Article 4.(Official Functions)
The Emperor shall carry out the following official functions. The Diet shall be responsible for items 2, 3 and 7. The Judicial House shall be responsible for items 2 and 5.12 The people of the domains shall be responsible for item 6. The Cabinet shall be responsible for all other items. The Emperor shall bear no responsibility for any consequence that may arise in their official functions.
1. Performing the Daijōsai, the Nīnamesai and other traditional ceremonies of the Imperial House.13
2. Convoking and announcing the opening of sessions for the Diet and the Judicial House.
3. Appointing the Prime Minister nominated by the Diet.
4. Appointing the Cabinet ministers nominated by the Prime Minister.
5. Appointing the Chief Justice of the Supreme Court nominated by the Judicial House.
6. Imperially appointing the domainal governor elected by the people of a domain.14
7. Promulgating the Constitution, laws, decrees, treaties and domainal divisions authorized by the Diet.
8. Changing the era name.
9. Conferring of decorations, rewards and general amnesty.
10. Attending diplomatic and ritual ceremonies.
Author’s comment: This defines the official functions of the Emperor.
Article 5. (Prohibitions on the Emperor)
The Emperor shall not perform the following acts:
1. Standing for candidacy in an election, or voting.
2. Assuming the position of a member of the Diet, the Prime Minister, a Cabinet minister, a domainal governor, or the Chief Justice of the Supreme Court.
3. Assuming the position of a government official.
4. Declaring support or opposition for any political party, politician or political ideology.
5. Payment of taxation, military service, or civilian service.
6. Abdicating the Imperial Throne in the absence of a Crown Prince who has completed the ceremony of investiture.15
Author’s comment: This defines the acts [of state] that the Emperor may not perform. The Emperor shall be separated from all power and all temporal affairs.
Chapter II. The People
Article 6. (The People)
The people are the supreme power-holders who constitute Japan.
Author’s comment: This defines the position of the people within the political structure.
Article 7. (Acquisition of Nationality)
Legitimate children of the people shall be members of the people. Legitimate children with one parent who is of the people may become Japanese in the absence of obtaining any other nationality.16
(2) Furthermore, foreigners who fulfill the following conditions may become naturalized citizens:
1. Pledging loyalty to Japan as their ancestral land.
2. Obtaining the joint approval of the Cabinet and the domain of their residence.
3. Completion of either military service or civilian service.
4. Basic conversant in the Japanese language.
5. Having a guarantor from the people. In case of marriage with a Japanese person, their spouse shall be the guarantor. For ten years following naturalization, the guarantor shall be liable.
6. The absence of a criminal record for at least ten years before naturalization.
In addition, within ten years of naturalization, if multiple households of neighborhood residents or one-hundredth of a domain’s people reject a foreigner’s naturalization, the naturalization will be rescinded.
Author’s comment: This defines the conditions of nationality.
Article 8. (Divestment of Nationality)
The people may divest themselves of their nationality. Once divested, nationality may never be re-obtained.
Author’s comment: This defines the conditions of divesting nationality.
Article 9. (Acts of the People)
The people shall perform the following acts:
1. Standing for candidacy or voting in elections for members of the Diet and members of the Judicial House. Alternately, to abstain.
2. Standing for candidacy or voting in elections for members of a domainal assembly. Alternately, to abstain.
3. Standing for candidacy or voting in elections for domainal governors. Alternately, to abstain.
4. Voting on a constitutional amendment initiated by the Diet. Alternately, to abstain.
5. Payment of taxes.
6. Military service imposed by the Cabinet or civilian service imposed by a domain.
7. Observing the laws and ordinances stipulated by the Diet and domainal assemblies.
Author’s comment: This defines the acts that the people will perform in relation to the political structure. I have added the right to abstain in voting. This is because the freedom to be free of politics is a crucial political freedom. There must be no social system that compels voting such as that of the former Soviet Union.
Article 10. (Prohibitions on the People)
The people may not perform the following acts:17
1. Assuming the title of Emperor.
2. Compelling the Emperor to speak on political matters.
3. Assuming the status of a domainal governor, the Prime Minister or a member of the Diet without election.
4. Instigation of foreign aggression or conspiracy to overthrow the State.
5. Instigation of foreign interference into domestic government.
6. Interference in government through violence, riot, and any other means not based on elections, candidacy or voting.
7. Tax evasion.
8. Gambling and prostitution.
9. Violating all other laws and ordinances.
10. Discriminating on the basis of birth, sex, race or religion in management, business and other public activities. However, this does not apply to distinctions made on the grounds of ability.
11. Compelling other members of the people to political speech or silence.
12. Possession of slaves.
Author’s comment: This clarifies the substance of instigation of foreign aggression and the continuity of the state. Prohibiting the people from involvement in gambling dens and prostitution makes these industries the sole business of executive organs like the Cabinet and the domains. These industries induce excessive profits and are unsuitable for the private sector. The just administration of gambling and the hygienic management of prostitution will create public revenue.
Under the current Constitution, the Emperor is used indiscriminately for political ends. Mainly by the Ministry of Foreign Affairs and newspaper journalists. The Ministry of Foreign Affairs forces the Emperor to engage in self-humiliating diplomacy and repeatedly compels him to “make apologies”. Journalists, meanwhile, constantly compel the Emperor to make political statements in press conferences.
Item 2 in this list of prohibitions will prevent compelling the Emperor to make political statements, and it is necessary to put a complete stop to this.
Article 11. (National Territory)
Our nation’s national territory shall range from Habomai and Shikotan to Takeshima, Ogasawara and Okinawa. Details are noted in the Regulations on National Territory.18
Author’s comment: This defines Japan’s national territory. The author is flabbergasted at the number of draft constitutions which fail to define this, the current Constitution included. Without the zone of survival that national territory constitutes, there can be no nation and its people, much less nice ideals.
Article 12. (Management of National Territory)
National territory shall be guaranteed by the Cabinet and managed by the Cabinet and the domains.
Author’s comment: By stipulating that the Cabinet and the domains manage national territory, the vested interests of landlords are curtailed. This benefits tenants and leaseholders and enables the promotion of land use in the public interest. Moreover, the guaranteeing of national territory is a matter of national defense. Clearly stipulating the Cabinet as the guarantor of national territory prevents the negligent management of territory as seen by successive governments with regards to the Northern Territories.
Chapter IV. National Flag, National Anthem and Reign Name19
Article 13. (National Flag)
The Hinomaru shall be the national flag. Details are noted in the Regulations on the National Flag.
Author’s comment: This defines the national flag. The Constitution should define such fundamental elements of a nation instead of meaningless policies.
Article 14. (National Anthem)
The Kimigayo shall be the national anthem.
Article 15. (Era Name)20
The reign name shall be the era name. The reign name shall be changed when the Imperial Throne is inherited by a successor.
Chapter V. The Government
Article 16. (The Government)
The government shall be a congress for the purpose of upholding Japan, protecting the sovereignty of its state, and publicly realizing the welfare of its people. It shall be entrusted with the authority of the Emperor and the power of the people. In those capacities it shall be divided into the Diet, the Cabinet, the Judicial House, the domains, and the domainal assemblies.
Article 17. (Prohibitions on the Government)
The Diet, the Cabinet, the Judicial House, the domains, the domainal assemblies and all other organs of the government may not perform the following acts. Furthermore, the Diet and the assemblies may not authorize any law or ordinance which permits these acts.
1. Compelling or interfering with the people’s candidacy and their votes.
2. Spying on the content of a ballot before ballot counting, or taking measures that effectively permit doing so.
3. Restricting or interfering with political speech and statements from members of the people who do not belong to government assemblies, or who are not public officials under government jurisdiction.
4. Interfering with the cultural and the economic activities of the people.
5. Ceding the political power of the people, defined as the legislative, executive and judicial powers entrusted to the various government organs by the people, to foreign countries or terrorists. For example, accepting interference by foreign governments or terrorists in the exercise of those powers.
6. Working to benefit specific members of the people. For instance, allowing one particular group of the people to access public information, as in the case of press conferences.
7. Giving undue political power to specific members of the people. For instance, allowing lawyers’ groups and bureaucrats powers of final authority over personnel matters.
[The author’s comment on this article is exceedingly lengthy and is summarized as follows: it denounces the privileged access of reporters to official information, and calls for the government to directly broadcast information to the people instead of going through closed-door press conferences; it then critiques what the author views as the undemocratic elitism of the Japan Federation of Bar Associations (Nichibenren) in their influence on the Supreme Court.]
Chapter VI. Legislation of National Law
Article 18. (The Diet)
The Diet shall be the organization that wields national legislative power on behalf of the people.
Article 19. (Conditions for Establishing the Diet)
The Diet shall be composed of members of the Diet elected by the people. The Diet shall be formed upon convocation by the Emperor. However, all actions of the Diet are invalid in case of foreign interference that impacts the enactment of a constitution, law, ordinance or other matter.
(2) The members of the Diet will consist of one person from each domain.
Author’s comment: This defines the conditions for establishing the Diet as such. The bicameral system shall be abolished because it is useless. The present House of Councillors shall be made into the Judicial House, which may be thought of as a judicial Diet. The Judicial House will conduct reviews of the constitutionality of laws and other such matters. Moreover, election districts will be minimized in the one-domain-one-representative system to prevent the superfluous increase of Diet members.
Article 20. (Matters Performed by the Diet)
The Diet shall perform the following acts. However, any Diet actions deemed unconstitutional by the Judicial House shall be invalid.
1. Resolving and authorizing laws, decrees, and ordinances for reporting to the Emperor.
2. Nominating or dismissing the Prime Minister for reporting to the Emperor.
3. Making domainal divisions for reporting to the Emperor.
4. Appointing assembly heads and other personnel necessary for the management of assemblies.
5. Authorizing the budget bill proposed by the Cabinet.
6. Disclosing the contents of Diet resolutions.
7. Proposing constitutional amendments to the people. When, as a result of a national referendum, the revised constitution garners more votes than the present constitution, the revised contents of the constitution shall be reported to the Emperor.
Article 21. (Prohibitions on Government Assemblies)
The Diet, the Judicial House, the domainal assemblies and all other government assemblies may not perform the following acts:
1. Concealing Diet proceedings and resolutions from the people.
2. Holding Diet proceedings at a venue inaccessible to the people.
3. Interfering with executive and judicial power.
4. Authorizing laws or ordinances on human trafficking.
5. Authorizing laws or ordinances prohibiting opposition parties.
6. Authorizing laws or ordinances that grant extraterritoriality to foreigners residing in Japan.21
7. Promulgating resolutions before thirty days have passed from the date of their resolution.
Author’s comment: In order to allow the Judicial House to conduct reviews on constitutionality, laws, decrees, and ordinances require thirty days or more after resolution until their promulgation.
Article 22. (Prohibitions on the Diet)
The Diet may not perform the following act:
1. Making domainal divisions without regard for the cultural background of localities.22
Article 23. (Prohibitions on Members of Government Assemblies)
Members of the Diet, the Judicial House, the domainal assemblies and all other government assemblies may not perform the following acts:
1. Interfering with the progress of proceedings.
2. Accepting bribes.
Article 24. (Prohibitions on Members of the Diet)
Members of the Diet may not perform the following acts:
1. Jointly serving as a member of the Judicial House.
2. Jointly serving as a member of a domainal assembly.
3. Jointly serving as a domainal governor.
Author’s comment: Joint appointments are disallowed under the principle of the separation of powers.
Chapter VII. Administration of Government Policy
Article 25. (The Cabinet)
The Cabinet shall carry out all administration of government excepting its legislative and judicial functions. All power shall be vested in the Prime Minister. The Prime Minister shall appoint Cabinet officials and public officials of the State and deputize part of the administration of government to them.
Author’s comment: This defines the place of the Cabinet in the political structure. It prevents the recklessness and arbitrary decision-making of many such present Cabinet officials who have demeaned their role as politicians and granted authority over personnel. This will strengthen a social structure where representatives of the people, not Cabinet officials, carry out politics, in other words democracy.
Article 26. (Conditions on Becoming the Prime Minister)
Plan 1: Parliamentary Cabinet
The Prime Minister shall be selected by the nomination of the Diet. They shall assume office after appointment by the Emperor. Their maximum term of office shall be ten years.
Plan 2: Public Election
The Prime Minister shall be elected by the following processes. Their term of office shall be five years and the maximum duration of their office shall be ten years.
1. If the current Prime Minister gets more votes against than for them from the people, or if there is a month left before their term of office expires, the Emperor shall request members of the Diet to openly run in elections for the Prime Minister.
2. Members of the Diet with at least two terms of experience in office shall stand for candidacy on receiving support from at least 20% of all members of the Diet.
3. The Emperor shall announce the election for Prime Minister to the people.
4. The people shall vote.
5. The member of the Diet who earns the greatest amount of votes from the people shall be appointed by the Emperor as the Prime Minister.
Author’s comment: Terms of office are needed to prevent a dictatorship. I have included the ever-fashionable electoral method of choosing a Prime Minister as I have yet to decide on one.
Article 27. (Matters Performed by the Cabinet)
The Cabinet shall perform the following acts:
1. Upholding the Imperial House.
2. Organizing the military to protect the lives and property of the people, as well as national territory, from foreign invasion, terrorism and disaster. It will also prevent occupations by foreign armies and maintain the sovereignty of the state.
3. Maintaining security.
4. Conducting diplomacy.
5. Making and submitting budget bills and bills to the Diet.
6. Carrying out large-scale or broad-based public infrastructural works that cannot be done in a minority of domains.
7. Protecting and promoting cultural activities of the people with national benefit, and assisting in large-scale economic activities.
8. Educating the people about their national culture.
9. Issuing currency.
10. Investigating whether the organizational structure of the domains, the contents of domainal governance, and the acts of the people are in violation of the Constitution, laws and ordinances, and filing suit in the courts therefor.
11. Making domainal divisions for submission to the Diet.
12. Providing public access to information about contractors, contracted work, funds for contracted work and other related government policies.
13. Tax collection and distribution of supplementary funds from the domains to correct for wealth gaps between the domains.
14. Executing criminal penalties issued by the courts and other executive affairs.
Author’s comment: The domains shall fundamentally carry out social welfare and other matters. I have here only noted things that a central government must unavoidably perform, such as national defense and large-scale social infrastructure.
In order to close the gap between domains I propose the collection and distribution of supplementary funds. By making it clear that these funds are to correct for wealth gaps between domains those beggar domains will be made to understand what burdens they are on their fellow domains. We may expect greater efforts to help themselves through this.
Article 28. (Prohibitions on Administration)
The Cabinet, the domains and other executive organs may not perform the following acts:
1. Detaining members of the Diet while the Diet is in session without the approval of the Diet.
2. Detaining members of a domainal assembly while the domainal assembly is in session without the approval of the domainal assembly.
3. Concealing information about contractors, contracted work, and funds for contracted work unrelated to national defense and the maintenance of national security.
4. Giving access to information about individual citizens to a third party. Contractors may not be individuals.
5. Ceding or selling national territory or the people to a foreign country.
6. Distributing supplementary funds in excess of a domain’s tax revenue.
7. Stationing more than one one-hundredth of the Japanese military in a foreign country except in an emergency; allowing a foreign military in excess of the Japanese military to be stationed in Japan except in an emergency.
8. Ceding national assets in excess of one one-hundredth of the budget to a foreign country; ceding national assets to nuclear weapons states in the vicinity of Japan.23
9. Issuing government bonds whose interest is in excess of one one-hundredth of the national budget.
10. Taxation without legal basis.
11. Using budgetary funds without the approval of the Diet.
12. Granting permanent residency to anyone who is not a member of the Japanese people.
[The author’s comment on this article is exceedingly lengthy and is summarized as follows: domains may not receive any more financial assistance than their tax revenue, in order to incentivize them to increase their own income; the Prime Minister shall appoint government personnel to prevent interference with government policy by Cabinet officials; Overseas Development Assistance is an extension of a postwar policy that disadvantages Japan financially; any increase of national debt via the issuing of bonds not governed by the stipulation in item 9 of this article is tantamount to a betrayal of future generations.]
Article 29. (Prohibitions on the Prime Minister)
The Prime Minister may not perform the following act:
1. Appointing a relative within three degrees of consanguinity as a Cabinet official or a member of government.
Author’s comment: This prevents the nepotistic governance which is a tendency of dictatorial states.
Chapter VIII. The Judiciary
Article 30. (The Judicial House)
The Judicial House shall be the organization that wields judicial power on behalf of the people.
(2) The Judicial House and the courts of Japan shall wield judicial power over all extant persons on Japanese soil, regardless of nationality or military status.
Article 31. (Conditions for Establishing the Judicial House)
The Judicial House shall be composed of members of the Judicial House who are elected by the people. The Judicial House shall be formed upon convocation by the Emperor. The Judicial House shall have a maximum of thirty (30) members.
Author’s comment: This defines the conditions for constituting the Judicial House. It is capped at thirty members to prevent the gratuitous increase thereof.
Article 32. (Matters Performed by the Judicial House)
The Judicial House shall perform the following acts:
1. Nominating and dismissing the Chief Justice of the Supreme Court for reporting to the Emperor.
2. Appointing the heads of assemblies and other personnel necessary to the management of government assemblies.
3. Reviewing the constitutionality of legislation, ordinances, judgments and administration.
4. Reviewing the legality of cases where it has determined the necessity thereof.
5. Ordering government assemblies, administration and the courts to execute of the outcomes of its reviews in the foregoing paragraphs.
Author’s comment: Reviewing the constitutionality of judgments here does not refer to judgments on constitutionality, but whether or not the judgment of a court is itself constitutional. In passing, a judge who is deemed to have passed an unconstitutional judgment should be seen as deviating from the will of the people and so demoted to a lower court or removed to a different office. In this way judges may be compelled to render judgments according to the will of the people.
Article 33. (The Supreme Court)
The Supreme Court shall administer justice. All judicial power shall be vested in the Chief Justice of the Supreme Court. The Chief Justice of the Supreme Court shall appoint the judges of the inferior courts to perform part of their judicial power.
Article 34. (Conditions on Becoming the Chief Justice of the Supreme Court)
The Chief Justice of the Supreme Court shall be selected by nomination of the Judicial House. They shall be appointed by the Emperor. The maximum term of office shall be ten years.
Author’s comment: In the current Constitution the Chief Justice of the Supreme Court and the judges of the inferior courts are all appointed by the Prime Minister. This muddies the separation of powers. Draft constitutions that propose the Diet nominate the judiciary creates the same problem. This draft provides for the Judicial House to appoint the Chief Justice of the Supreme Court, and the judges of the inferior courts to be nominated by the Chief Justice of the Supreme Court.
Article 35. (Matters Performed by the Courts)
The courts shall perform the following acts:
1. Reviewing the constitutionality of ordinances, edicts and administration.
2. Reviewing legality.
3. Reviewing compliance with ordinances.
4. Ordering the administration and the people to execute the results of the above reviews.
Article 36. (Prohibitions on the Judiciary)
The Judicial House and the courts may not perform the following acts:
1. Passing a judgment contrary to a judicial precedent of a higher court within ten years of a judgment in a higher court.
2. Having a trial period for a criminal case longer than two years.
3. Having a trial period for all other cases except a criminal case longer than one year.
4. Revealing information about a victim or their bereaved relatives.
5. Ignoring a victim’s request for a private trial.
6. Concealing trials and judgments, except for private trials requested by a victim or their bereaved relatives.
7. Permitting extraterritoriality.
Author’s comment: “Passing a judgment contrary to a judicial precedent of a higher court within ten years of a judgment in a higher court” serves the purpose of preventing legal inequality. It is unfair for a similar case to have a different degree of penalty. Moreover, trial periods are fixed to avoid lengthy trials.
Chapter IX. The Domains
Article 37. (The Domains and the Domainal Governors)
The domains shall be local executive units based on divisions made by the Diet. The domains shall carry out all domainal governance except for the authorization of ordinances. All power shall be vested in the domainal governor. The domanial governor shall appoint the domainal officials and deputize part of the administration of domainal government to them.
Author’s comment: This defines the position of the domains in the political structure. The so-called prefectural system will be abolished. Because it is useless. Central and domainal (local) governments suffice.
Article 38. (Conditions on Becoming a Domainal Governor)
The domainal governor shall be elected by the domainal citizens. They shall assume their position on appointment by the Emperor.
Author’s comment: This defines the conditions for becoming a domainal governor. Appointment by the Emperor is necessary. This is based on the custom in the Edo period where domainal lords had the title of “Lord of [place in Japan]”, which they received from the Emperor before assuming their position (however, the place name in their title bore no relation to the domain they governed.) I have made the title relevant to their land, such that the domainal governor of Namba shall be the “Governor of Namba” and the domainal governor of Setagaya shall be the “Governor of Setagaya”.
Article 39. (Matters Performed by the Domains)
The domains shall perform the following acts:
1. Making and submitting budget bills and bills to the domainal assemblies.
2. Carrying out public welfare.
3. Maintaining social infrastructure.
4. Protecting and promoting the traditional cultural activities of the domainal citizens.
5. Assisting the domainal citizens with their economic activities.
6. Educating the domainal citizens on their local culture.
7. Providing public access to information about contractors, contracted work, funds for contracted work and other related domainal policies.
8. Preventing the inducement of starvation and infringement of human rights for the domainal citizens.
9. Gambling, prostitution, and public utility works.
10. Cooperating with the Cabinet on national crisis defense.
Article 40. (Prohibitions on the Domains)
The domains may not perform the following acts:
1. Seceding from Japan.
2. Providing education or instigation against the State or the people.
3. Preventing citizens of other domains from entering a domain without the authorization of the Cabinet.
4. Prohibiting citizens of other domains from moving to a domain without the authorization of the Cabinet.
5. Forming a military or a domainal defense organization in possession of lethal weapons without the authorization of the Cabinet.
6. Interfering with the investigations of the Cabinet or the judiciary.
7. Ceding or selling domainal territory or the domainal citizens to other domains or to foreign countries.
8. Neglecting to cooperate with the Cabinet in the management of national crisis defense.
Chapter X. Legislation of Ordinances
Article 41. (The Domainal Assemblies)
The domainal assemblies shall be organizations that carry out the ordinance-making and legislative power of the domainal citizens.
Article 42. (Conditions for Establishing the Domainal Assemblies)
The domainal assemblies shall be composed of members of the domainal assemblies elected by the domainal citizens.
Author’s comment: This defines the conditions for forming a domainal assembly as such.
Article 43. (Matters Performed by the Domainal Assemblies)
The domainal assemblies will perform the following acts:
1. Resolving on, authorizing and promulgating ordinances.
2. Appointing the assembly heads and other personnel necessary to the management of domainal assemblies.
3. Authorizing the budget bill proposed by the domainal governor.
4. Providing public access to information about domainal assembly resolutions.
Chapter XI. Public Officials
Article 44. (Public Officials)
Public officials, including the Prime Minister, the Chief Justice of the Supreme Court, the domainal governors, shall be members of the people who carry out their functions as representatives of the people.
Article 45. (Appointment of Public Officials)
Public officials shall be appointed and dismissed by the Prime Minister, the Chief Justice of the Supreme Court, the domainal governors, and other supreme authorities in their various jurisdictions. Public officials must be members of the people who have completed either military service or civilian service.
[The author’s comment on this article is exceedingly lengthy and is summarized as follows: there is an argument for the centralization of authority in each jurisdiction, particularly in the office of the Prime Minister; the right to appoint personnel is linked to the protection of the authority of high office and prevent dissent in the ranks. South Korea’s mandatory military service is cited as an example of how and why national service should be instituted to cultivate patriotism in public officials; the author also desires that women should be given the opportunity to become public officials after completing civilian service such as eldercare.]
Article 46. (Prohibitions on Public Officials)
Public officials may not perform the following acts:
1. Damaging the authority of the Emperor.
2. Damaging the political power of the people. In other words, to ignore or to work against the orders of the Prime Minister, the Chief Justice of the Supreme Court, the domainal governors, and other representatives of the people in their jurisdiction.
3. Engaging in political, ideological and religious activities for the duration of their office.
4. Accepting bribes.
5. Misappropriation of public resources. In other words, the embezzling of material resources, real estate or funds owned by the government, as well as engaging in union activities or other private affairs during work hours.
6. Using the authority of public office for private objectives.
7. Receiving employment in any organization contracted for public work, or any entity that does business with such an organization, for the duration of and after resignation from office.
8. Becoming management personnel or a shareholder of any organization contracted for public work, or any entity that does business with such an organization.
Chapter XII. Political Parties
Article 47. (Political Parties)
Political parties shall be assemblies of the people who share common political principles. They shall put forward candidates for various categories of elections, and aim to realize their political principles.
(2) Any political organization that fulfills the foregoing conditions, and which has in fact assembly members and an executive head, shall be considered a political party even without self-identifying as such.
Article 48. (Prohibitions on Political Parties)
The political parties may not perform the following acts:
1. Selecting the supreme authority or leader of a party by any method other than a secret election by the members of a party.
2. Prohibiting the members of a party from criticizing the central administration of a party, the policies of a party, or the political principles of a party.
3. Plotting to seize political power by any means other than an election, such as revolution, instigation of riots, or solicitation of foreign interference.
4. Brainwashing members of a party by confinement or intimidation.
5. Forming a military organization.
Author’s comment: This article essentially forbids dictatorial political parties. The Communist Party would surely oppose a draft constitution that proposes this. Well and good. The article above is an exceedingly ordinary requirement of political parties in a democratic state. The Communist Party’s opposition to this will signal to all that they are a dictatorial political party. In any case, the Communist Party will undoubtedly oppose the enactment of a new Constitution. Including this article in this present draft of a new constitution can advertise that the Communist Party’s opposition to enacting a new Constitution is no more than a dislike of an article prohibiting dictatorial political parties.