BLOGOS × Genron

BLOGOS × Genron¹
Genron Draft of a New Constitution of Japan²
July 26, 2012

Preamble

We the people of Japan declare that Japan is not confined to a homogenous territory or a homogenous culture; it is a created and evolving spiritual community that is comprised of the unceasing cooperation and mutual respect between the residents who share its territory as a living place, and its sovereign people who share a heterogenous history and tradition. On the basis of that premise, we respect the legacies of the traditions and cultures of Japan, and considering changes in the international situation, as well as innovation in the technologies of production, circulation and information communication, we adopt the following four principles to hereby determine a new Constitution that erects the foundation of the State.
 

• Japan must be a just country. We the people of Japan recognize that the authority of government derives solely from the people, and that the power of the State is wielded by representatives based in the trust of the people, for the happiness of the people and the residents of Japan. The people may not for any reason be discriminated against in their power to choose those representatives; moreover, the government may not interfere with the freedoms of the people and the residents of Japan without just and demonstrable cause. In order to realize this, we declare that in our country, all laws, ordinances and the Constitution shall have their reasoning and effects bear the constant duty of explanation that withstands the scrutiny of the people.
   
• Japan must be a peaceful country. We the people of Japan, who earnestly wish for eternal peace, shall renew our resolve to trust in the fairness and fidelity of the citizens who love peace, as well as to cooperate in the preservation of the security and survival of the world. We sincerely aspire to play an honorable role in the endeavors of international society to realize the earthly abolition of despotism and servitude, as well as oppression and intolerance; we shall stand on the recognition of the right of all peoples of the world to be free from terror and want, and to live in peace and freedom.
   
• Japan must be a flourishing country. We the people of Japan shall broadly establish economic, cultural and social activities, and take the peaceful and safe flourishing of our country as the foundation of the happiness of the people and all the residents of Japan. We shall recognize this flourishing as built on the basis of the autonomous and self-regulating choices of the people and the residents of Japan, and we shall endeavor to promote unfettered activity, as well as to pass the fruits of this prosperity down to our descendants, instead of allowing them to be monopolized by any particular generation.
   
• Japan must be an open country. We the people of Japan shall reflect on the long history of the building of prosperity for our state on the basis of gathering and melding the richness of cultures and traditions from all over the world; we shall affirm that the prosperity of a country is not merely for itself, but for contributing to the prosperity of the world through cooperation with its various peoples. In order to carry over this history into the future, we shall resolve to build prosperity and to tread this long history together with other peoples of similar ambition, and the residents of diverse origins who share our land.
  
  The new Constitution is the design of the institutions of governance of the country, comprised by the guarantee of the fundamental rights of the people and the residents of Japan. This Constitution is the supreme law of the land, and any law, ordinance or imperial rescript which violates its provisions shall possess no validity.³ Moreover, the fundamental rights that this Constitution guarantees to the people and the residents of Japan are the fruits of the many years that humanity has endeavored to attain of its own volition, and these rights are conferred on the current and future generations of the people and the residents of Japan in the recognition of being eternal and inviolate rights.⁴
  
  We the people of Japan pledge that we shall strive to the utmost in achieving the noble ideals and objectives stipulated in this Constitution, and to become a model for the peoples of the world.

   

  
  Part 1. Polity

  Chapter I. Head of State

  Article 1.⁵
  The Emperor is the symbolic head of state of Japan and the symbol of the unity of its tradition and culture.
  (2) The Emperor shall be the heir to the tradition and culture of Japan and perform ceremonies for its past, current and future people.
  
  Article 2.
  The status of the Emperor shall be based on the collective will of the sovereign people of Japan.
  
  Article 3.⁶
  The status of the Emperor shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.
  
  Article 4.⁷
  The advice and approval of the National Government Authority shall be required for all acts of the Emperor in matters of state, and the National Government Authority shall be responsible therefor.
  
  Article 5.
  The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and they shall not have powers related to government.
  (2) The Emperor may delegate the performance of their acts in matters of state as may be provided by law.
  
  Article 6.
  When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform their acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable.
  
  Article 7.⁸
  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 Diet.
  
  Article 8.⁹
  The Emperor, with the advice and approval of the Diet, shall perform the following acts in matters of state:
  1. Convocation of the Diet.
  2. Awarding of honors.
  3. Receiving foreign ambassadors and ministers.
  4. Attestation of full powers and credentials of Ambassadors and Ministers.
  5. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
  
  Article 9.
  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.
  
  Article 10.
  The Prime Minister is the reigning head of state of Japan and bears ultimate responsibility for the power of the Executive.
  
  Article 11.
  The Prime Minister shall execute the Constitution of Japan through the command and management of the State to realize the freedoms and rights guaranteed to the people and the residents in this Constitution.
  (2) The Prime Minister shall have no power to contravene the Constitution; all their acts shall be constrained by the law of the Diet.
  (2) The Prime Minister shall collect taxes, as provided for by law, to fund the management of the State.
  
  Article 12.
  The Prime Minister must possess Japanese nationality.
  
  The Prime Minister shall be designated from the people by the Diet through direct election by the people of Japan, as provided for by law.
  (2) The term of office of the Prime Minister shall be provided in law.
  
  Article 14.¹⁰
  The Prime Minister, representing the National Government Authority,¹¹ submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.
  
  Article 15.¹²
  The Prime Minister, in addition to the provisions of the preceding article, shall perform the following functions:
  1. Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
  2. Dissolution of the House of the Residents.¹³
  3. Proclamation of election of members of the Diet.
  4. Attestation of the appointment and dismissal of Heads of Prefectures and other public officials as provided in law.
  5. Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
  6. Administer the public officials, in accordance with standards established by law, and in cooperation with the President of the National Personnel Authority.¹⁴
  7. Prepare the budget, and present it to the Diet.
  8. 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.
  9. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.

  
  Chapter II. Governance

  Article 16.¹⁵
  The people of Japan shall be those who possess Japanese nationality.
  
  Article 17.
  The residents of Japan shall be those who reside continuously and legally within the territory of Japan for a period provided by law.
  
  Article 18.¹⁶
  The people and the residents of Japan forever renounce war as the threat or use of force as means of settling international disputes. The right of belligerency of the state will not be recognized.
  
  Article 19.
  The people and the residents of Japan shall have the right to mutually aid and engage in the self-defense of one another, according to their respective capacities, in response to natural or man-made disasters that threaten the preservation of their lives, liberty or property.
  
  Article 20.¹⁷
  The people and the residents of Japan shall establish a Self-Defense Force to achieve the objective of the preceding article.
  (2) The Self-Defense Force may engage in overseas activities, based on the limits of the law and the consent of the various peoples, and in observation of the spirit of international mutual aid.
  
  Article 21.¹⁸
  The people and the residents of Japan shall choose their public officials and dismiss them as provided for by law.
  (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.
  
  Article 22.
  In matters relating to the election of the Prime Minister and members of the Diet, the people and the residents of Japan who are electors shall not be discriminated against in their residence, generation, sex, race, creed, social status, family origin, education, property or income; all may wield their right of election equally as provided by law.
  
  Article 23.
  The people and the residents of Japan shall consign governance to the basic governing bodies and the State.
  
  Article 24.¹⁹
  The basic governing bodies shall enact ordinances and conduct administration on matters concerning the management and maintenance of their local community, including the implementation of support for the subsistence, livelihood, childbirth, child-rearing, and education of residents. However, this shall not apply to matters delegated to the authority of the State by law.
  (2) The State shall enact laws and conduct administration on matters relating to national survival, matters that require external national representation, and matters relating to increasing the welfare of the people and the residents of Japan.
  
  Article 25.²⁰
  The organization and form of the management of the basic governing bodies shall be based on the collective and creative will of their residents, in accordance with the principles of residential and community self-governance.
  
  Article 26.²¹
  The basic governing bodies may collectively undertake their management according to necessity.
  (2) The basic governing bodies may establish charters for organizations that serve as broad-based administrative entities, as based on the collective will of their residents.
  
  Article 27.²²
  Ordinances provided by the basic governing bodies and the broad-based administrative entities, the priority of applicable laws and all other general regulations shall be provided for by law.
  (2) Matters relating to the organization and management of the basic governing bodies and the broad-based administrative entities shall be provided for by ordinance and by law.

  
  Chapter III. Executive

  Article 28.
  The organization of the Executive necessary to conduct the functions of the Prime Minister shall be provided in this Constitution and in law.
  
  Article 29.²³
  The Prime Minister shall appoint the Chief Ministers of each Ministry from persons of Japanese nationality, and may dismiss the various Chief Ministers at will.
  (2) The Government shall consist of the Prime Minister, the various Chief Ministers, and authorities equivalent to the various Chief Ministers designated by the Prime Minister, as provided in law; the Prime Minister shall form the National Government Authority as a council of these entities.
  (3) The Government must consist of civilians.
  (4) The National Government Authority, commanded by the Prime Minister, shall decide on important matters as provided in law, including the executive plan submitted to the Diet by the Prime Minister.
  
  Article 30.²⁴
  If the House of the Residents passes a non-confidence resolution, or rejects a confidence resolution, the National Government Authority shall resign en masse, unless the House of the Residents is dissolved within ten (10) days.
  
  Article 31.²⁵
  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 the Residents, the National Government Authority shall resign en masse.
  
  Article 32.²⁶
  In the cases mentioned in the two preceding articles, the National Government Authority shall continue its functions until the time when a new Prime Minister is appointed.
  
  Article 33.²⁷
  All laws and cabinet orders shall be signed by the competent Chief Minister and countersigned by the Prime Minister.
  
  Article 34.²⁸
  The Government, during its 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.
  
  Article 35.
  The National Investigation Authority and the National Personnel Authority shall be established as special organs of the Executive.
  (2) The functions of the National Investigation Authority and the National Personnel Authority shall be presided over by Chief Officers.
  (3) The Prime Minister may only direct the Chief Officers of the National Investigation Authority and the National Personnel Authority to disclose matters on the functions under their respective jurisdictions; the Prime Minister may not wield authority in any such functions.
  (4) The Chief Officers of the National Investigation Authority and the National Personnel Authority may not be members of the Government.
  
  Article 36.
  The National Personnel Authority shall administer the human resources of the national public officials.
  (2) The Chief Officer of the National Personnel Authority shall be an adult member of the people of Japan, as designated by a resolution of the House of the Residents.
  (3) The term of office of the Chief Officer of the National Personnel Authority shall be four years. No person may hold this office for more than eight years.
  
  Article 37.
  The National Personnel Authority shall exclusively perform the following functions:
  1. Submission of bills related to the system of human resources for the national public officials to the Diet.
  2. Enactment of orders related to the system of human resources for the national public officials.
  3. Transference and dismissal of the national public officials in cooperation with the National Government Authority.
  4. Seeking consent from the House of the Residents in relation to the preceding item on important matters as provided for in law.
  5. Deciding on remuneration and punishment for the national public officials in cooperation with the National Government Authority.
  
  Article 38.
  The National Investigation Authority shall administer investigations into governance.
  (2) The Chief Officer of the National Investigation Authority shall be an adult member of the people of Japan, as designated by resolution of the House of the People.
  (3) The term of office of the Chief Officer of the National Personnel Authority shall be six years. No person may hold this office for more than six years.
  
  Article 39.
  The National Investigation Authority shall exclusively perform the following functions:
  1. Matters relating to the implementation of audits on the National Government Authority and the acts of the National Personnel Authority.
  2. Auditing of accounts and submission of the results thereof to the Diet.
  3. Submission of budget proposals to the Diet.

  
  Chapter IV. Legislative

  Article 40.²⁹
  The Diet shall be the sole law-making organ of the State.
  
  Article 41.
  The Diet shall consist of the House of the Residents and the House of the People.
  (2) The House of the Residents shall decide on matters directly concerning all the residents of Japan related to the jurisdiction and administration of the State.
  (3) The House of the People shall oversee and direct the House of the Residents and the Prime Minister on matters directly concerning all the people of Japan, to protect the sovereignty of the people as a whole.
  
  Article 42.³⁰
  The House of the Residents shall consist of members elected from the adult people of Japan, representative of all the residents of Japan.
  (2) The House of the People shall consist of members elected from the people of Japan residing in Japan or in other territories, who possess superior insight according to conditions provided in law, regardless of nationality or residence. All members of the House of the People shall be considered residents of Japan for the duration of their office.
  (3) The number of the members of each House shall be fixed by law.
  
  Article 43.³¹
  The term of office of members of the House of the Residents shall be four years. However, the term shall be terminated before the full term is up in case the House of the Residents is dissolved.
  
  Article 44.³²
  The term of office of members of the House of the People shall be six years, and election for half the members shall take place every three years.
  
  Article 45.
  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 46.
  No person shall be permitted to be a member of both Houses simultaneously.
  
  Article 47.³³
  Members of the House of the Residents shall receive appropriate annual payment from the national treasury in accordance with law.
  (2) Members of the House of the People shall receive no remuneration. However, they shall receive all necessary funds for expenditure on activities as members of the Diet from the national treasury in accordance with law.
  
  Article 48.
  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 49.
  Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.
  
  Article 50.
  An ordinary session of the Diet shall be convoked once per year.
  
  Article 51.
  The Prime Minister 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 Prime Minister must determine on such convocation.
  
  Article 52.³⁴
  When the House of the Residents is dissolved, there must be a general election of members of the House of the Residents 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 the Residents is dissolved, the House of the People is closed at the same time. However, the Prime Minister may in time of national emergency convoke the House of the People in emergency session. In this case, the House of the People may decide on matters for the House of the People as assigned by the Prime Minister.
  (3) Resolutions taken at such session as mentioned in the proviso of the preceding paragraph shall be taken as the resolution of the House of the People. However, these shall be provisional and shall become null and void in future unless agreed to by the House of the People within a period of ten (10) days after the opening of the next session of the Diet.
  
  Article 53.
  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 54.³⁵
  Business cannot be transacted in either House unless one-third or more of total membership is present.
  (2) Methods of remote attendance by members in each House through communications technology shall be provided for by law.
  (3) 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 55.³⁶
  Deliberation in each House shall be public in both physical and remote proceedings held through communications technology according to law. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor.
  (2) Members of the House of the People may view the sessions of the House of the Residents, and may attend such sessions to express their opinions therefor. The same shall be enabled to the greatest extent for members of the House of the People participating remotely through communications technology. Members of the House of the People who participate in secret session of the House of the Residents shall be obligated to maintain secrecy thereon.
  (3) The collective opinion of the people gathered through communications technology and other means as provided for by law must be presented in sessions of the House of the People, secret session excepted. The presentation of such opinion must also be enabled, to the greatest extent possible, to members of the House participating remotely through communications technology.
  (4) 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.
  (5) Upon demand of one-fifth or more of the members present, votes of members on any matter shall be recorded in the minutes.
  
  Article 56.³⁷
  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 57.³⁸
  A bill becomes a law on passage by the House of the Residents, in the absence of a vote of rejection by three-fourths or more of present members of the House of the People within sixty (60) days, except as otherwise provided by the Constitution.
  (2) A bill rejected by the House of the People as provided in the preceding paragraph becomes a law when passed a second time by the House of the Residents by a majority of its members. However, this shall not apply to bills resolved on the basis of the provisions in items two and four of Article 59 and submitted to the House of the Residents under item one of the same article.
  (3) The provision of the preceding paragraph does not preclude the House of the Residents from calling for the meeting of a joint committee of both Houses, provided for by law.
  
  Article 58.
  The House of the Residents, aside from bills and budget bills, shall decide on the following matters. The House of the People may not decide on these matters:
  1. Approval of treaties.
  2. Confidence or non-confidence in the Prime Minister and the Government Authority.
  3. Dissolution of the House of the Residents.
  4. Constitutional amendments.
  
  Article 59.
  The House of the People, aside from matters provided for elsewhere in this Constitution, shall decide on the following matters. The House of the Residents may not decide on these matters:
  1. Submission of bills to the House of the Residents.
  2. Matters related to investigations into accounting and governance.
  3. Submission of motions on confidence or non-confidence in the Prime Minister and the Government Authority to the House of the Residents.
  4. All other matters provided for in law concerning the duties of the House of the People.
  
  Article 60.
  Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records.
  
  Article 61.³⁹
  The Prime Minister and other members of the Government Authority 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 62.
  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. Judiciary

  Article 63.
  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 64.
  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 65.
  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 66.⁴⁰
  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 Prime Minister.
  (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 the Residents following their appointment, and shall be reviewed again at the first general election of members of the House of the Residents 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 67.
  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 68.
  The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.
  
  Article 69.
  The Supreme Court shall investigate not only specific cases but also whether laws and orders adequately satisfy Article 73 of this Constitution.
  
  Article 70.⁴¹
  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 Part II of this Constitution are in question shall always be conducted publicly.

  
  Part 2. Rights

  
  Chapter VI. Principles

   Article 71.⁴²
  The people and the residents shall not be prevented from enjoying any of the fundamental human rights provided in the International Covenants on Human Rights.⁴³ These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people and the residents of this and future generations as eternal rights which the government may not violate.
  
  Article 72.⁴⁴
  The freedoms and rights guaranteed to the people and the residents by this Constitution shall be maintained by the constant endeavor of the people; the people and the residents shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.
  
  Article 73.
  When the Diet and the government adopt any measures that reduce the freedoms and the rights guaranteed to the people and the residents by this Constitution, they must substantiate such measures based on the legitimacy of their objective, the necessity thereof, and the correspondence of this objective and necessity as based in fact. Moreover, the adoption of such measures to achieve an objective shall be to the least extent restrictive of the freedoms and the rights of the people and the residents.
  
  Article 74.⁴⁵
  All of the people and the residents are equal under the law and they shall receive the same treatment in law that provides for 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 75.⁴⁶
  In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice they have made.

  
  Chapter VII. Freedoms

  Article 76.
  No [person shall be held in] bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.⁴⁷
  (2) The infliction of torture by any public officer and cruel punishments are absolutely forbidden.⁴⁸
  
  Article 77. 
  Academic freedom and freedom of thought and conscience shall not be violated.⁴⁹
  
  Article 78.
  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 79.⁵⁰
  Freedom of expression, press and all other forms of expression are guaranteed. This freedom includes the seeking, receiving and transmission of information and thought by any means, regardless of national boundaries.
  (2) No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
  (3) No person shall have information relating to their private life unjustly disclosed or used without permission, and their reputation and honor shall not be infringed, except as punishment for a crime. In case of such interference, they shall have the right to the protection of the law.
  (4) The government shall endeavor to guarantee the freedoms and the rights provided in this article, regardless of national boundaries, through international cooperation.
  
  Article 80.⁵¹
  Freedom of assembly and association are guaranteed.
  
  Article 81.⁵²
  Freedom to organize and to bargain and act collectively are guaranteed.
  
  Article 82.
  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 83.
  Every person shall have freedom to choose and change his residence and to choose their 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.

  
  Chapter VIII. Subsistence

  Article 84.⁵³
  All people and residents, as provided for by law, and to the extent allowed by their physical and environmental situation, shall have the right to maintain a high standard of wholesome and cultured living.
  
  Article 85.⁵⁴
  All people and all residents shall have the right to receive an education correspondent to their ability, as provided by law. Such compulsory education shall be free.
  
  Article 86.⁵⁵
  All people and all residents shall have the right to work.
  (2) Standards for wages, hours, rest and other working conditions shall be fixed by law.
  (3) Children shall not be exploited.

  
  Chapter IX. Property

  Article 87.
  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 88.
  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.

  
  Chapter X. Security

  Article 89.
  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 90.
  No person shall be denied the right of access to the courts.
  
  Article 91.
  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 they are apprehended, the offense being committed.
  
  Article 92.
  No person shall be arrested or detained without being at once informed of the charges against them or without the immediate privilege of counsel; nor shall they be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in their presence and the presence of their counsel.
  
  Article 93.
  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 91.
  (2) Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.
  
  Article 94.
  In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
  (2) They shall be permitted full opportunity to examine all witnesses, and they 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 their own efforts, be assigned to their use by the State.
  
  Article 95.
  No person shall be compelled to testify against themself.
  (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 them is their own confession.
  
  Article 96.
  No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which they have been acquitted, nor shall they be placed in double jeopardy.
  
  Article 97.
  Any person, in case they are acquitted after they have been arrested or detained, may sue the State for redress as provided by law.

  
  Part 3. Supplementary Provisions

  
  Chapter XI. Amendments

  Article 98.⁵⁶
  Amendments to Part 1 of this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of both the House of the Residents and the House of the People, 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.
  
  Article 99.⁵⁷
  Additions to rights of the people and the residents enumerated in Part 2 of this Constitution shall be initiated by the Diet, through a concurring vote of a majority of all the members of the House of the Residents, which shall be submitted to the House of the Residents and the House of the People for ratification, and which shall require the affirmative vote of a concurring vote of two-thirds or more of the total members of each House.
  (2) The rights of the people and the residents enumerated in Part 2 of this Constitution may not be eliminated.
  
  Article 100.⁵⁸
  Amendments when ratified shall immediately be promulgated by the Prime Minister in the name of the people, as an integral part of this Constitution.