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Constitution of Japan (Postwar Constitution)

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.

SANPEI Seiji

SANPEI Seiji

SANPEI Seiji1
Revised Draft of the Constitution of Japan2
2013


Preamble

The Japanese people enact this Constitution of Japan through their earnest desire for coexistence and coprosperity with the people of the world, their confirmed support for the endeavor to create a society where people may live in peace and stability, based on liberty, equality and security.
Note: It is better to avoid a prescriptive reading of the Preamble.3


Chapter I. Basic Principles

Note: Prescribes [provisions for] Japan’s territories, its people, liberalism, democracy, pacifism and international cooperation. These rights are available not only to the Japanese people but to the people of all nations.
Article 1.
The territories of Japan shall consist of the islands of Honshū, Hokkaidō, Shikoku and Kyūshū.
Note: This declares that Japan does not aspire to territorial expansion as it did before.
(2) The people of Japan shall comprise the children of Japanese nationals and residents of Japan who have acquired Japanese nationality.4
Note: In the Constitution of the Empire of Japan (the Meiji Constitution), Japanese subjects comprised all those outside the Emperor, the imperial household and the court nobility.5 In the Constitution of Japan, we may consider the Emperor not to be a Japanese national, as the position bears no right to vote or to be elected. This draft Constitution maintains that the Emperor is included as a Japanese national, thus taking it as a matter of course that the position requires a residential registration. The Emperor here has individual constitutional rights. The position may be abdicated at will.
(3) Japan is a democratic republic and the people of Japan are its sovereigns.

Article 2.
The people of Japan shall enjoy liberty, equality and security.
(2) Politics shall be enacted by the chosen representatives of the people of Japan, and the people of Japan shall enjoy the benefits thereof.
(3) Important matters may be resolved by a referendum. A referendum shall be initiated by assemblies, the heads of executive offices, or 5% or more of the electorate, and shall be decided according to the majority of the total number of votes cast.
(4) Referendums shall be carried out by the direct vote of the people of Japan who are registered as citizens in administrative districts.
(5) The result of a referendum shall take precedence over law and ordinance. Assemblies may not change the result of a referendum for two years.
Note: Increasing the elements of direct democracy is a means of guaranteeing democratic politics.

Article 3.
The people of Japan shall carry out justice, rely on the fairness and fidelity of the people of all nations, and maintain subsistence and security in cooperation with them.
(2) The people of all nations have the affirmed right to subsist in liberty and equality, in a peace that is free from terror and want.
(3) The people of Japan shall follow justice and principles of international law in realizing peaceful means of resolving or moderating international conflicts and situations.
(4) The people of Japan are forever prohibited from waging wars of aggression on the people of other countries.
Note: These ideas are based on principles expressed in the Versailles Treaty of 1919, the 1920 Covenant of the League of Nations, and the 1928 General Treaty for Renunciation of War as an Instrument of National Policy, ratified by 15 participating nations including Japan, and which is succeeded by the current Charter of the United Nations.
(5) [The people of Japan] shall consent to restrictions on effecting their rights where necessary to securing order for peace and justice, based on terms equivalent to those imposed on the people of other countries.
Note: A concrete example of this is the International Criminal Court (ICC). This is the first permanent court in history that adjudicates individual responsibility for crimes against humanity including torture, massacre and genocide in conflict zones. It was established at the Hague in the Netherlands on May 17, 1998 by the United Nations Diplomatic Conference, based on the Regulations of the International Criminal Court. It has 139 signatories (Japan has yet to join), and has been ratified by 100 countries (not including Japan). Until the ICC, the Nuremberg Trials, the Tokyo Trials, the Yugoslavia International Criminal Tribunal, and the Rwanda International Tribunal were all separately established. 7 countries including the United States, China, and Israel voted against the Regulations of the International Criminal Court at the United Nations Diplomatic Conference. The United States strongly opposes it.

Article 4.
The Japanese language shall be the official language of Japan, and auxiliary languages may also be used.
(2) The national flag of Japan shall be the Rising Sun flag, consisting of a crimson circle on a white backdrop.


Chapter II. Supreme Law

Note: The stipulations on Supreme Law are important. They are thus placed at the head of the Constitution.
Article 5.
This Constitution is the supreme law of Japan, and any treaty, law, ordinance, order, or act of executive power that conflicts with its provisions, in whole or in part, shall be invalid.6
(2) Beginning with the Emperor and public officials, the people of Japan shall bear the obligation to faithfully observe and uphold the international laws established in this Constitution.

Article 6.
Enacting and amending the Constitution shall be decided by national referendum, initiated by the Diet, the Prime Minister, or 5% or more of the electorate, and according to a majority of votes in favor thereof from the total number of votes cast.
(2) Enactments and amendments when so ratified shall immediately be promulgated by the Emperor.7


Chapter III. Liberty

Note: Liberty is prescribed as the foremost category of human rights.
Article 7.
Liberty shall refer to the ability to do anything so long as it harms no other people.
(2) All human beings shall possess liberty.
(3) Liberty shall be a right conducted through personal responsibility that includes the obligation to tolerate the actions of other people.
(4) Liberty shall be tolerated within the bounds of the morality of a democratic society and the public good.

Article 8.8
All of the people shall enjoy the following freedoms provided they conform to the public good:
1. Freedom to receive education, to think, and to pursue knowledge.
2. Freedom of political opinion based on personal free will.
3. Freedom to broadly circulate facts.
4. Freedom to travel and to choose their residence.
5. Freedom to marry anyone based on equal standing and mutual consent.
6. Freedom to choose their occupation.
7. Freedom to own property individually or jointly.
8. Freedom of peaceful assembly and association.
9. Freedom to declare their religion and faith and to peacefully participate in events and ceremonies.
10. Freedom to move to a foreign country and to divest themselves of their nationality.


Chapter IV. Equality

Note: Equality is prescribed as the second category of human rights.
Article 9.
Equality shall be held identically by all regardless of whether they are being protected or prosecuted by the law.
(2) All humans shall have equality in terms of dignity and rights.
(3) Equality shall be a right for the individual and an obligation to avoid discriminating against other people.
(4) Every person shall be guaranteed equality of rights in every area of economic, political and cultural life.

Article 10.
All shall be guaranteed the following forms of equality:
1. Equality of non-discrimination in race, birth and lineage.
2. Equality of non-discrimination in age and sex.9
3. Equality of non-discrimination in occupation.
4. Equality of non-discrimination in thought and religion.
5. Equality of non-discrimination in status and property.


Chapter V. Security

Note: Security is prescribed as the third category of human rights.
Article 11.
Security shall be guaranteed for all as the preservation of life, body, rights and ownership.
(2) Every person shall enjoy the right to a comfortable living environment and bear the obligation to protect it.10
(3) Every person shall be guaranteed the minimum necessary amount of medical care for living and maintaining their individual dignity.
(4) No person shall be compelled to take part in any religious education, rite, ceremony, practice and act.11
(5) Every person shall enjoy the right and the obligation to receive free primary and secondary education.12
(6) Parents shall have the preferential right to choose the type of education for their children.

Article 12.
Ownership shall be the right of every person to profit from and dispose of the results of their personal property, earnings and labor.
(2) Every person shall bear the obligation to use their ownership for the public good.
(3) Ownership of land shall be granted to those members of the people fit to manage it appropriately.
(4) Every person, should it be necessary for their property to be used for the public good as provided by law, will receive just compensation prior to its requisition.13

Article 13.
No person shall have their honor and trust infringed.
(2) No person shall have the stability of their residence infringed.
(3) No person shall be compelled to disclose their personal information except for the sake of the public good in matters provided by law.
(4) No person may disclose the personal information of any other person except in matters provided for by law and what any person has disclosed of their own volition.
(5) Every person shall have the right to access records pertaining to themselves in the possession of public organizations, and to demand the correction of errors therein.

Article 14.14
Every person shall have the right and the obligation to work.
(2) Employees shall have the right to be fairly treated, and to receive equal compensation for equal labor.
(3) Employees shall have the right to organize and to bargain and act collectively.
(4) Employees shall have the right to reasonable limits on working hours and regular paid leave, inclusive of leisure and rest time.
(5) The exploitation of children shall be prohibited.

Article 15.
Vulnerable members of society shall be attended to and protected.
(2) Infants, toddlers, schoolchildren and young people shall have their characters respected and specially protected.
(3) Pregnant and postpartum women shall be specially protected to maintain their health.
(4) The elderly and the disabled shall be protected.
(5) Every person shall have their family ties and the stability of their communal life protected.

Article 16.
The law may only provide prosecution that is clearly necessary.
(2) No person may be apprehended, detained, or prosecuted for acts following the enactment of a law, unless it is so provided by law.
(3) No person may be forcefully detained or imprisoned against their will except when they are punishable for a criminal offense.
(4) No person may receive inhumane or degrading treatment or penalties.
(5) The penalties of torture and cruelty are prohibited.
Note: Death by hanging is an inhumane and cruel punishment. Life imprisonment should be substituted.

Article 17.15
Every person shall have the right to an independent and fair trial and to receive a fair and transparent hearing.
(2) Every person shall be deemed innocent until proven guilty through the judgment of such a trial.
(3) No person may be apprehended unless in flagrante delicto, except when there is an order from a judge stating the reason therefor.
(4) Every person shall have the right to request the presence of an attorney during an investigation if they have been apprehended.
(5) The State shall refer a qualified attorney to defendants who are unable to hire one by their own means.
(6) When so demanded by an apprehended person, the reasons [for their arrest] must immediately be made public in an open trial attended by them and their attorney.
(7) No person shall be compelled to testify against themself.
(8) No person shall be convicted except by proof of testimony presented in a hearing at a fair trial.
Note: Investigation reports must be read aloud to defendants in an open court with the admissibility of each item thereof subject to confirmation by the defendant. Only items admitted by the defendant may be treated as evidence.
(9) No person shall be convicted by their own confession or when there is no evidence to support a testimony.
(10) No person shall be placed in double jeopardy for the same offence whereby a judgment has been finalized.
(11) Any person, in case they are acquitted or released from prosecution after they have been arrested or detained, may sue the State or their province for redress.

Article 18.
Every person shall have the right to press suit as based in law to protect their individual rights and benefits.
(2) Every person may sue for redress as provided by law from organizations that administering public functions, in case they have suffered damage through illegal act or grievous error committed by any agent involved in the execution of their public functions.16

Article 19.
Censorship is prohibited. The secrecy of any means of communication is guaranteed.


Chapter VI. Citizens

Note: Citizenship rights are the fourth category of human rights.
Article 20.
Referendums shall be the right and the duty of all people at least eighteen (18) years of age, except for those whose citizenship rights are in cessation.
(2) Referendums shall be carried out by universal voting. Universal voting shall be carried out by secret ballot directly, freely and equally.
(3) The election of public officials shall be the right and the duty of all people at least eighteen (18) years of age who are registered as citizens in administrative districts.
(4) The election of public officials shall be carried out by universal voting.
(5) The provision of information regarding referendums and the election of public officials shall not be restricted to any person or time period.
Note: This abolishes the Public Office Election Law and permits political movements, actions and reporting at all times.
(6) Bribery and entertainment thereof shall be prohibited in the election of public officials.
(7) A petition for the dismissal of an elected public official may be initiated with signatures from 5% or more of the electorate in a voting district.
(8) Within one month of receiving a valid petition for the dismissal of an elected public official, voting management councils must publicly announce the date of a referendum therefor.
(9) When a referendum on the dismissal of an elected public official yields a majority of votes in favor thereof, the official shall lose their status on the following day of the referendum date.
(10) When the heads of the executive offices are dismissed, elections to appoint their replacements shall be carried out.
(11) Voting management councils must publicly announce the date of a referendum on the appointment of a substitute for the head of an executive office within seven (7) days from the date of an announcement thereby, and set the date of a referendum therefor within one month.

Article 21.
Taxation shall be enacted fairly by law, to the minimum possible extent necessary for the benefit of the public.
(2) Every person shall be liable to taxation when they are eighteen (18) years of age, and have the right to receive reports on the uses of taxation thereby.
(3) Every person may sue for redress in case of the loss of public money through the misdemeanor or grievous error committed by any agent involved in the execution of their public functions.

Article 22.
Participation in religious activities, religious ceremonies and courtesies by the Emperor and public officials in executive offices shall be prohibited.
(2) Participation in religious activities, religious ceremonies and courtesies by all public officials as part of their functions shall be prohibited.
Note: The Prime Minister’s functions are around the clock, and there is no room to admit of their individual participation in religious courtesies in a public setting outside of their official functions.

Article 23.
The right of every person to peaceful petition shall be guaranteed.


Chapter VII. The Emperor

Note: The Emperor’s position must be stipulated prior the structure of governance. Before the Edo period, the political status of the Emperor varied without uniformity. In the Meiji period, the constitutional monarchy enacted by the Imperial Household Law and the Constitution of the Empire of Japan created a new “emperor system”. After Japan’s defeat in the Great East Asia War during the Shōwa period, a new “symbolic emperor system” was created via the democracy enacted by the Constitution of Japan.
Article 24. 
The Emperor shall be the symbol of the unity of the people, deriving his position via appointment by the people who possess sovereign power.17
(2) The functions of the Emperor are acts in matters of state as provided in the Constitution, and their status shall be that of a special public official.
Note: Translating “tennō” as “The Emperor” often leads to misunderstandings about the office’s ruling powers. It should be rendered as “The Tenno”.
(3) The firstborn child of the Emperor shall be the Crown Prince.
(4) The Crown Prince shall ascend to the imperial throne on abdication by the Emperor.
(5) The honorific title for the Emperor shall be “Majesty”.
(6) The honorific title for the spouse, ascendants, and children of the Emperor shall be “Highness”.
Note: There are those who assert that it is Japanese tradition for males of the paternal lineage to continuously succeed a “line of Emperors unbroken for ages eternal”. The idea of a “a line of Emperors unbroken for ages eternal” is a fantasy based in superstition.
(7) The advice and approval of the Prime Minister shall be required for all acts of the Emperor in matters of state, and the Prime Minister shall be responsible therefor.18
(8) The Emperor may delegate the performance of his acts in matters of state as may be provided by law.19

Article 25.20
The Emperor, with the advice and approval of the Prime Minister, shall perform the following acts in matters of state on behalf of the people:
Note: As distinct from a monarchy, the Emperor will not appoint, but rather attest; attestation refers to the notarization of the precise process by which those entitled must wield their powers.
1. Attestation of constitutional enactment, laws and ordinances.
2. Attestation of the Prime Minister.
3. Attestation of full powers and credentials of Ambassadors and Ministers.
4. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
5. Receiving foreign ambassadors and ministers.
6. Receiving foreign government officials.
7. Awarding of honors.
8. Performance of ceremonial functions.

Article 26.21
The Imperial Household shall consist of the Emperor, their spouses, and their lineal ascendants and descendants.
Note: On the Emperor’s accession to the throne, their siblings shall be withdrawn from the Imperial Household. A special pension system for people with specific ties to the Emperor should be established.
(2) All property of the Imperial Household shall belong to the State.
(3) All expenses of the Imperial Household shall be appropriated by the Diet in the budget.
(4) When the royal family inherits or transfers assets, it is based on the decision of the National Diet.


Chapter VIII. Separation of Powers

Note: Separation of powers is prescribed as the second element in the structure of governance.
Article 27.
The people of Japan entrust their sovereignty to assemblies and executive offices that are divided amongst the State, local governing bodies, and regional governing bodies.
Note: Unlike the Constitution of Japan, which sweepingly entrusts the people’s sovereignty to the Diet as the highest organ of State power, sovereignty is hereby delegated at six levels to the State, provinces, municipal assemblies and the heads of executive offices.22

Article 28.
The State shall have exclusive oversight of enacting and amending the Constitution, as well as enacting, revising or abolishing laws, and over foreign relations, the conclusion of treaties, trials, defense, currency issuance, and the management of (2) The State may join international organs and delegate part of its sovereign acts where necessary to protect the liberty, equality and security of the people, or to maintain peace.
(3) The State shall defend the people when their survival or other rights are infringed.
(4) The State shall form a defense corps that wields the power of self-defense for the people.
Note: The Self-Defense Forces shall be renamed the “Defense Corps”. The scope of self-defense covers protecting the items stipulated in the sections on human rights, but it is expected that the various administrative organs [concerned] will divide responsibilities on issues that present difficulties [in this area].
(5) It may further participate in collective security systems for the mutual maintenance of peace.
Note: Inter-state conflicts cannot be resolved by a single country. As one example, we may consider the NATO army.

Article 29.
Provinces shall be established as local governing bodies.
Note: This replaces the former administrative divisions of metropole and prefectures.
(2) The provinces are as follows in Japanese alphabet order:
Sapporo Province shall consist of the total extent of the current Hokkaidō.
Sendai Province shall consist of Aomori, Iwate, Miyagi, Akita, Yamagata, Fukushima and Niigata.
Tokyo Province shall consist of Ibaraki, Tochigi, Gunma, Saitama, Chiba, Yamanashi, Tokyo and Kanagawa.
Nagoya Province shall consist of Toyama, Ishikawa, Fukui, Nagano, Gifu, Shizuoka and Aichi.
Osaka Province shall consist of Mie, Shiga, Kyoto, Osaka, Hyōgo, Nara and Wakayama.
Hiroshima Province shall consist of Tottori, Shimane, Okayama, Hiroshima, Yamaguchi, Tokushima, Kagawa, Ehime and Kōchi.
Fukuoka Province shall consist of Fukuoka, Saga, Nagasaki, Kumamoto, Ōita, Miyazaki, Kagoshima and Okinawa.
(3) Provinces shall divide administrative responsibilities related to the enactment of ordinances and the integrated administration of large regions.
(4) Provinces shall have jurisdiction over forest conservation and flood control, local transport and the promotion of local industry.

Article 30.
Cities shall be established as local governing bodies.
Note: Tokyo shall be a special district, and cities designated by cabinet order, regular cities, towns and villages shall all be classified as cities.
(2) Cities shall have jurisdiction over matters related to enacting local ordinances, the registration of local citizens, as well as the use of civil rights by and the welfare of their local citizens.
(3) Cities shall support their local citizens in the use of their public rights.
(4) Cities shall be merged with their neighboring counterparts if their population is less than ten thousand (10,000).

Article 31.
The State, provinces and cities shall be fully independent in the management of their respective finances.


Chapter IX. Assemblies23

Note: Assemblies are prescribed as the third element in the structure of governance.
Article 32.24
Assemblies shall be established in the State, provinces and cities for representatives of the people to conduct investigations, deliberations, legislation, audits and resolutions for the people.
(2) The selection of members for the various assemblies shall be derived from a register of names of candidates who are at least eighteen (18) years of age, which shall be based on their ranking by vote of the various political parties, and separate registers of names of candidates thus ranked shall also be maintained at the levels of voting blocks in the State and the provinces, whereby the seats in the various assemblies shall be proportioned according to the distribution of votes earned by political parties in each voting block. The people shall cast their votes to choose their political parties.
Note: It is appropriate to take voting blocks at the unit of provinces in the State, and at the unit of prefectures within the provinces. [A candidate] may have their name entered repeatedly within the nomination lists for State, province and city. Before the actual vote occurs, each political party will engage in an internal vote to produce their register of names and to choose their candidates and policies. A proportional representation system is considered comparatively more accurate in reflecting the political will of the sovereign people. Marking-type and machine ballots are suitable for use in voting.
(3) When a member of an assembly loses their standing, their successor shall be appointed.
Note: In cases of death or expulsion from a political party, the successor shall be elected based on the order of names in the party’s register of names. This will prevent vacancies in membership. The register of names is valid for the duration of an assembly member’s term.
(4) Assembly seats for political parties shall be apportioned according to the total number of votes garnered by ordinary election, and proportionally distributed by the number of votes garnered by each voting block at the levels of the State and the provinces.
Note: Apportioning assembly seats according to the number of votes cast means that non-voters will have no representation. A single-choice voting system means that there is no difference whether or not individual votes are cast.25
(5) Members of the assemblies shall receive appropriate compensation according to the substance of their work.
(6) Members of the assemblies may not hold other concordant positions as public officials.
(7) No person who is serving in an executive office or holding a position in an organization or a related group that has conducted business with administrative organs within the previous year may assume office as a member of an assembly.
(8) Members of the assemblies shall work for the benefit of all their constituents.
(9) Political parties shall be prohibited from accepting donations and gifts from corporations and groups for any reason whatsoever.
(10) From three years prior to the date of assuming office, members of the assemblies shall be prohibited from accepting donations and gifts from corporations and groups for any reason whatsoever. Furthermore, members of the assemblies shall be prohibited from giving donations and gifts to corporations, groups and individuals for any reason whatsoever.
Note: This prevents assembly members from receiving income related to budget allocations and business operations funneled back through tax payments from corporations and groups.

Article 33.
All the assemblies shall commence sitting from noon on January 5 and continue until closing on December 27. Their recess period shall be determined during July and August.
Note: It is anticipated that a year-long session will enable assembly members to focus on their functions while in session.
(2) The assignment of the chair and the vice-chair of an assembly shall take precedence on the first day of session over other measures.
(3) Assembly proceedings shall require the attendance of a majority of the total number of its members, and resolutions shall require the approval of a majority of the total number of its members.
(4) Assemblies may conduct investigations and audits on executive offices and administrative organs, and demand the presence and testimony of witnesses.
(5) Members of the assemblies may demand the submission of records from executive offices and administrative organs.
(6) Members of the assemblies may individually propose measures.
(7) All assembly meetings shall be made public.
(8) Assemblies shall hold public hearings before deliberating measures.
(9) Assemblies shall preserve minutes of their meetings and make them publicly available.
(10) Assemblies shall judge disputes over matters related to the qualifications of their constituent members.

Article 34.
If an assembly considers the head of an executive office unfit to carry out their functions, it may initiate a petition for their dismissal.
Note: Assemblies may only require referendums and have no powers of dismissal.

Article 35.
Members of the assemblies may not be apprehended without the approval of their assembly except in flagrante delicto.
(2) Members of the assemblies shall not held be responsible outside their assembly for statements, debates and votes made inside their assembly.

Article 36.
The Diet shall be established as the national assembly.

Article 37.
A bill becomes a law on passage by the Diet and on signature by the Prime Minister.
(2) A law takes effect after promulgation.

Article 38.
The number of members of the Diet shall be fixed at 160.
Note: The Diet shall be unicameral. In the current Constitution, the Diet is bicameral and composed of the House of Representatives and the House of Councilors, but this may be considered as a doubling of two Houses with few differences between them. The current House of Representatives has a fixed number of 480 members, while the current House of Councilors has 242.
(2) The term of office of members of the assemblies shall be fixed at four years, starting from January 1 and ending on December 31. Elections for half of the fixed number of members of the Diet shall take place every two years.

Article 39.
An impeachment tribunal comprising seven members of the Diet shall be set up for the purpose of trying those judges against whom removal proceedings have been instituted.

Article 40.
Provincial assemblies shall be established as assemblies for the provinces.
(2) The number of members of the provincial assemblies shall be fixed at sixty (60).
Note: The upper limit of the fixed number of members of assemblies for the current metropole and prefectures under local autonomy law in Japan is 130.
(3) The term of office of members of the provincial assemblies shall be fixed at four years, starting from January 1 and ending on December 31. Elections for half of the fixed number of members of the provincial assemblies shall take place every two years.

Article 41.
A proposal for a provincial ordinance shall become a proper ordinance on passage by a provincial assembly and on signature by a provincial governor.
(3) A provincial ordinance takes effect after promulgation.

Article 42.
City assemblies shall be established as assemblies for the cities.
(2) The fixed number of members of the city assemblies shall start at eight, adding one member for every ten thousand residents of a city, and shall not exceed forty (40).
Note: The upper limit of the fixed number of members of city assemblies under local autonomy law in Japan is 96.
(3) The term of office of members of the city assemblies shall be fixed at four years, starting from January 1 and ending on December 31. Elections for half of the fixed number of members of the city assemblies shall take place every two years.

Article 43.
A proposal for a city ordinance shall become a proper ordinance on passage by a city assembly and on signature by a mayor.
(2) A city ordinance takes effect after promulgation.


Chapter X. Executive Offices

Note: Executive offices are prescribed as the fourth element in the structure of governance.
Article 44.
Executive offices shall be established as organs that execute on behalf of the people for residents at the various levels of the cities, the provinces, and the State.
(2) The Prime Minister shall be the head of the executive office of the State.
(3) Governors shall be the heads of the executive offices of the provinces.
(4) Mayors shall be the heads of the executive offices of the cities.

Article 45.
The heads of the executive offices shall be appointed by ordinary election.
(2) Candidates for the heads of the executive offices shall be at least eighteen (18) years of age and selected by internal voting from each political party. Nominations of seven members of the Diet for the office of the Prime Minister, three members of the provincial assemblies for the office of governor, and one member of the city assembly for the office of mayor shall be mandatory.
(3) If no candidate obtains a majority of the total number of votes in an ordinary election, a secondary election shall be held fourteen (14) days later for the two candidates with the first and second largest number of votes respectively.
Note: The condition here is the obtaining of an absolute majority of votes. If votes are split across several candidates, a relative majority may result in the election of a candidate who is only supported by a minority of voters. 
(4) The term of office for heads of the executive offices shall be fixed at four years, starting from January 1 and ending on December 31.
(5) A candidate may not be appointed for more than two consecutive terms of office.
(6) The heads of the executive offices may not be apprehended or prosecuted during their term of office.
Note: Heads of executive offices must be enabled to act immediately during a state of emergency and must therefore be exempted from arrest and detention.
(7) No person who has served in the military, police or administrative civil service may serve as the head of an executive office until at least three years after resignation from their previous position in these organizations.
(8) From three (3) years prior to the date of assuming office, the heads of the executive offices shall be prohibited from accepting donations and gifts from corporations and groups for any reason whatsoever. Furthermore, the heads of the executive offices shall be prohibited from giving donations and gifts to corporations, groups and individuals for any reason whatsoever.

Article 46.
The heads of the executive offices shall appoint executive public officials to staff the executive offices.
(2) The heads of the executive offices shall form administrative organs to carry out executive functions.
(3) The heads of the executive offices shall execute budgets, constitutional laws, laws and ordinances authorized by the assemblies.
(4) The heads of the executive offices shall prescribe regulations on executing budgets, constitutional laws, laws and ordinances.
Note: Executive offices are defined as political organizations (the Cabinet, etc.) comprising executive public officials, while administrative organs are defined as administrative organizations comprising administrative public officials (the various ministries and agencies, etc.)
(5) The public officials of the executive offices and the administrative organs shall bear the obligation of devoting themselves to their functions.

Article 47.
The drafting of a budget shall be the prerogative of the head of an executive office, and the assemblies may revise a draft of a budget.
(2) When a budget draft fails to be passed, the head of an executive office shall be permitted to use one-twelfth of the budget for the preceding fiscal year for each month, and this expenditure must be reported to the assemblies every month.
Note: It is anticipated that budgets will be passed via referendum.26
(3) In case of a state of emergency that directly endangers the life or the property of residents, the head of an executive office may take immediate administrative measures and report this to the assemblies for their approval within four weeks.

Article 48.
The executive office of the State shall be comprised of the Prime Minister, the Deputy Prime Minister appointed by the Prime Minister, the Secretary of State and other related public officials.
(2) The Prime Minister shall require authorization by the Diet for the appointment of the Deputy Prime Minister and the Secretary of State.
(3) The Prime Minister may dismiss the Deputy Prime Minister, the Secretary of State and other executive public officials in their office at will.

Article 49.
The Prime Minister shall prescribe basic policy and execute it by directing and supervising the administrative organs under their jurisdiction.
(2) The Prime Minister may propose bills to the Diet as the representative of the executive office of the State.
(3) The Prime Minister shall report to the people and the Diet on general matters of state and foreign relations.
(4) The Prime Minister shall sign budgets and laws that have been authorized by the Diet within seven days of their authorization.
(5) The Prime Minister may demand the re-deliberation of budgets or laws not authorized by the Diet within seven days.
(6) The Prime Minister, the Deputy Prime Minister and the Secretary of State shall order the execution of duties based in the Constitution or in law via documentation.
Note: Documentation here refers to any form of record that may be preserved and reproduced, including paper, electronic mail, and digital records.
(7) The Prime Minister shall organize, direct and supervise the Defense Corps.
(8) The Prime Minister shall wield supreme command of the Defense Corps along with the ability to appoint and dismiss military commanders.
(9) The Defense Corps may not be mobilized without an order from the Prime Minister.
Note: Routine mobilizations shall be carried out under the stipulation of specific conditions and regulations.
(10) The Prime Minister may order the commutation of the sentences of individual convicts.

Article 50.
The Deputy Prime Minister shall temporarily assume the office of the Prime Minister if the Prime Minister is unable to execute their functions.
(2) The Secretary of State, as provided by law, shall temporarily assume the office of the Prime Minister if the Prime Minister and the Deputy Prime Minister are unable to execute their functions.

Article 51.
The executive office of a province shall be comprised of a governor, a deputy governor appointed by the governor and other related public officials.
(2) A governor shall require authorization by their provincial assembly for the appointment of a new deputy governor.
(3) A governor may dismiss a deputy governor and other executive public officials in their office at will.

Article 52.
A governor shall prescribe basic policy and execute it by directing and supervising the administrative organs under their jurisdiction.
(2) A governor may propose bills to their provincial assembly as the representative of the executive office of the province.
(3) A governor shall report to their people and their provincial assembly on general matters of administration.
(4) The governor shall sign budgets and laws that have been authorized by their provincial assembly within seven days of their authorization.
(5) A governor may demand the re-deliberation of budgets or laws not authorized by their provincial assembly within seven days.
(6) A governor shall order the execution of duties based in the Constitution, in law or in ordinance via documentation.

Article 53.
A deputy governor shall temporarily assume the office of a governor if a governor is unable to execute their functions.
(7) An executive public servant from the provincial assembly, as provided by law, shall temporarily assume the office of a governor if the governor and the deputy governor are unable to execute their functions.

Article 54.
The executive office of a city shall be comprised of a mayor, a deputy mayor appointed by the mayor and other related public officials.
(2) A mayor shall require authorization by their city assembly for the appointment of a new deputy mayor.
(3) A mayor may dismiss the deputy mayor and other executive public officials in their office at will.

Article 55.
A mayor shall prescribe basic policy and execute it by directing and supervising the administrative organs under their jurisdiction.
(2) A mayor may propose bills to their city assembly as the representative of the executive office of the city.
(3) A mayor shall report to their people and their city assembly on general matters of administration.
(4) A mayor shall sign budgets and laws that have been authorized by their city assembly within seven days of their authorization.
(5) A mayor may demand the re-deliberation of budgets or laws not authorized by their city assembly within seven days.
(6) A mayor shall order the execution of duties based in the Constitution, in law or in ordinance via documentation.

Article 56.
A deputy mayor shall temporarily assume the office of a mayor if the mayor is unable to execute their functions.
(2) An executive public servant from the city assembly, as provided by law, shall temporarily assume the office of a mayor if the mayor and the deputy mayor are unable to execute their functions.


Chapter XI. Judiciary

Note: The judiciary is prescribed as the fifth element in the structure of governance.
Article 57.
Judicial power shall be vested in the Constitutional Court, the Supreme Court and in such inferior courts as are established by law.
Note: A Constitutional Court shall be newly established. When the Supreme Court needs to make decisions related to the Constitution, it is a lengthy process due to the Court’s needing to hear appeals from inferior courts. There is thus a need for quick judgments relating to constitutionality or lack thereof. I do not consider it necessary to have a military court.
(2) All trials shall be conducted by fair and open examination.

Article 58.
The Constitutional Court shall judge the constitutionality of treaties, laws, regulations, executive acts and trials.
(2) The Constitutional Court shall be composed of nine judges.
(3) The judges of the Constitutional Court shall be members of the people, with three members nominated by the Diet, three members nominated by the Prime Minister, and three members nominated by the chief judge of the Supreme Court, for appointment by the Prime Minister.
(4)The Prime Minister shall nominate the chief judge of the Constitutional Court.
(5) The term of office for judges of the Constitutional Court shall be fixed at six (6) Constitutional trials shall be held on an annual basis as joint sessions of all the judges of the courts to judge the constitutionality of the cases presided over by the various judges of the courts.
(7) Any treaty, regulation and executive act judged to be unconstitutional in a constitutional trial shall be nullified.
(8) In case a constitutional trial judges a past trial to be unconstitutional, the Constitutional Court shall overturn the decision of the Supreme Court and the other courts and order a retrial.

Article 59.
The Supreme Court is the court of last resort for ordinary trials.
(2) The Supreme Court shall be composed of fifteen (15) judges.
(3) The judges of the Supreme Court shall be members of the people, appointed by the Prime Minister, with one person from that number nominated as the chief judge.
(4) The term of office for judges of the Supreme Court shall be fixed at six years.
(5) 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.27

Article 60.
When judges from the inferior courts are judicially declared mentally or physically incompetent to perform their official duties, or judged to have clearly committed infractions in carrying out their official functions, the Supreme Court shall file suit for their dismissal in an impeachment court.28
(2) The Supreme Court shall issue warnings or suspensions of office to judges of the inferior courts who have damaged the honor and trust of the judiciary through the imposition by trial of limitations on their authority as judges.

Article 61.
The judges of the inferior courts shall be members of the people, appointed by the Prime Minister, and nominated from a list of names drawn up by qualified judges from the Supreme Court.
(2) The term of office for judges of the inferior courts shall be fixed at six years.

Article 62.
All judges of the ordinary courts shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.29
(2) Trials shall rationally judge the empirical facts of events and agents.
(3) Trials shall minimize the burden to the litigant parties and conclude in the shortest possible time.
(4) Criminal trials shall judge continuous acts as individual cases, for which the criminal penalties shall comprise imprisonment for life, imprisonment for term, penal servitude for term, detention for short term, restriction of movement, fines and petty fines. Confiscation and suspension of civil rights shall be added as supplementary penalties.
Note: In the current penal code of Japan, which does not have life imprisonment, the second severest penalty is penal servitude without term. Penal servitude without term is in substance a penalty that allows for provisional release after 16 to 20 years. The people of Japan presently support the death penalty out of the sense that a penalty which is, at maximum, 25 years long, is inadequate. The introduction of life imprisonment would remove the need for the death penalty.
The Covenant on the Abolition of the Death Penalty (the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims to abolish the death penalty) was adopted by the United Nations General Assembly on December 15, 1989, and there are an increasing number of countries ratifying this covenant to abolish the death penalty compared to those countries in which it remains. In particular, few countries amongst those considered “advanced” retain the death penalty.

Article 63.
The people and residents of Japan shall in principle receive trials in Japan.
Note: The courts of Japan shall have jurisdiction even in cases involving the Internet or which take place in crimes and conflict overseas. Where judicial jurisdiction overlaps, there shall be accommodations made via a treaty between Japan and the respective country involved.
(2) Cases that occur within Japan shall in principle be under the jurisdiction of courts in Japan.
Note: This shall also apply to foreign travelers involved in domestic cases.

Article 64.
All the judges of the various courts shall receive, at regular stated intervals, appropriate compensation during their terms of office.


Chapter XII. Finance

Note: The financial structure is prescribed as the sixth element in the structure of governance.
Article 65.
The assessment and collection of taxation shall be executed under the stipulation of conditions provided for by law or by ordinance.

Article 66.
The fiscal year shall begin on January 1 and end on December 31.
Note: For outdoor work conducted in snow zones, this enables the fiscal year to end before the period of heavy snow (i.e. by December 31).

Article 67.
Executive offices shall prepare and submit to the relevant assemblies for their consideration and decision a revenue budget for each fiscal year. Expenditure proposals may in part be proposed and submitted during the fiscal year.
(2) Budgets shall strive to balance natural revenue and expenditure.
(3) Continuing expenditure for measures over multiple years may not be released without a re-assessment each fiscal year.

Article 68.
Executive offices and administrative organs shall require authorization by the relevant assemblies for undertaking expenditure, debt and debt guarantees.

Article 69.
For unforeseen deficiencies in a budget, a reserve fund may be established.
(2) All payments from a reserve fund must be authorized by the relevant assembly within thirty (30) days.

Article 70.
Executive offices and administrative organs shall maintain accounts of income, expenditure, property, profit and loss in multiple forms of records.
(2) Executive offices must report to the relevant assemblies and residents in their jurisdiction at regular intervals, at least once annually, on the itemized contents of local finance, property, debt and debt guarantees.

Article 71.
No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association.
(2) No public money shall be expended for the use of charitable, educational or benevolent enterprises not subject to audit by an auditing organ or other organizational oversight unless by a bilateral contract provided by private law.
Note: Supplementary funds provided to private schools have become a problem. Schools not subject to audit by an auditing organ should not receive funding, and money should be dispensed to students and schoolchildren via scholarships.

Article 72.
Auditing organs shall be attached to the assemblies.
(2) Auditing organs shall annually audit the bases for all income and expenditure for the executive offices and the administrative organs, the legitimacy of their accounts therefor, and the effect of their expenditure, for submission by report to the assemblies and the executive offices in the proceeding fiscal year.
(3) Auditing organs shall annually audit the bases for all income and expenditure for groups and corporate bodies financed by the executive offices and the administrative organs, the legitimacy of their accounts therefor, and the effect of their expenditure, for submission by report to the assemblies and the executive offices within the fiscal year.

Article 73.
The State shall issue subsidies to the provinces and the cities to preserve fiscal equilibrium.
(2) The following standard shall guide the distribution of subsidies: sixty percent according to population as a proportion of the national population, and forty percent according to the total area.
Note: The current subsidies issued to local governments are calculated according to what central government officials think is needed. There is no room for localities to use this money creatively. How much and how to use theses subsidies should be left up to each locality.

Article 74.
Supplementary payments made amongst the State, the provinces and the cities are prohibited.
Note: Local and regional measures are controlled by the State’s use of supplementary payments. This should be prohibited to reduce unnecessary annual expenditures.
(2) Joint expenditure is prohibited during the same fiscal year on the same measure by the State and a province or a city, or by a province and a city.


Chapter XIII. Supplementary Provisions

Note: Supplementary provisions prescribe the procedures originally stipulated during the enactment of the Constitution.
Article 75.
After the promulgation of the enactment of the Constitution, the first referendums for electing public officials shall adhere to the following schedule:
(2) Referendums for the heads of executive offices shall be carried out on the second Sunday of November.
(3) Referendums for the members of the assemblies shall be carried out on the fourth Sunday of November.
(4) Re-elections that take place thereafter shall adhere to the same schedule.
(5) The term of office for these officials shall begin on January 1 and end on December 31.
(6) Members of the assemblies elected during the first referendums shall be allotted terms of office according to their rank based on the number of votes obtained, whereby higher-ranking members shall receive longer terms of office.