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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.
Sekai Seifu Kenkyūjo: World Government Institute Japan (SUZUKI Toshio)
World Government Institute Japan (SUZUKI Toshio)A DRAFT OF NEW CONSTITUTION OF JAPAN1
Toshio Suzuki
WORLD GOVERNMENT INSTITUTE JAPAN
Preamble
This is the Constitution of Japan. This Constitution shall be the supreme law of the State. No other law and treaty shall have legal force without following this Constitution. All people who have the nationality of Japan must respect and follow this Constitution.
When we think about what we must do in order to make our society better, we must have a clear and definite criterion for the top priority that we must give. The top priority that we must give changes according to the situation of age. It seems that in the primitive age we had to think of the happiness of local people rather than the world peace and the protection of the environment of the Earth. In the feudal age, it seems that we had to give the top priority to the peace and the happiness of people in each country while it was meaningless to think of the world peace and the protection of environment. But in the present age, 21st century, we must think of the world peace and the protection of environment of the Earth before thinking of the benefits of each country. Namely, we must not give the top priority to the benefits of each country. This Constitution was written based on the thought that we must give the top priority to the benefits of world as a whole or society as whole. If the world becomes better, each country will become better. If each country becomes better, our life will become better. So, we must think of the benefits of world as a whole. In the present age, when we think of the benefits of world as a whole or society as a whole, it seems that the termination of war, the eradication of poverty, and the protection of environment are the most important matters. We must think how we tackle these matters.
In the world or in our society, excluding our private life, the most important factor for our happiness is the political and economic system. The best political and economic system is possible under the separation of politics and religion. Here, the separation of politics and religion does not mean that we must not have faith in religion. We cannot spend a happy life without having faith in religion. But, religion of people is different from people to people. So, every religion must be allowed and respected under the political and economic system of society. This is why politics and religion must be separated. But, it is inevitable that religion affects the politics customarily. The separation of politics and religion means that the budget of government must not be allocated and particular facilities by government must not be given to particular religious organizations. Religious organizations may exist under the system of separation of politics and religion. Namely, religious organizations are maintained on the basis of offerings of believers. So, religion may customarily affect the politics even if the religion has no legal power.
Political power shall be divided into three powers, legislation, administration, and judicature. In these political powers, the President who is the top officer of the administration shall be the most important and responsible officer in politics. People must respect and follow her or him. This is the basic structure of the democratic political system of state.
This is the constitution for people who are the members of international society and who give the top priority to the benefits of world as a whole or society as a whole. Namely, this is the constitution of the World Citizen. The World Citizen is composed of people of all races, and religion is not an obstacle for any people to be a World Citizen. Here, we specify the Constitution of Japan for people who are the members of world society, namely, for people who are the World Citizen.
Chapter I. Sovereignty
Article 1. (Sovereign of Japan)
The sovereign of Japan is the people who have the nationality of Japan. This right, sovereignty, is not alienable.
Article 2. (Exercise of Sovereignty)
People who have the nationality of Japan shall exercise their sovereignty through the election of the National Diet members and the local assembly members and through the referendum for the amendment of constitution. People without the nationality of Japan shall have no right to stand for and to vote for the election of the National Diet members and the local assembly members and shall have no right to vote for the referendum.
Article 3. (Nationality and Territory)
The nationality of Japan and the territory of Japan shall be fixed by law.
Chapter II. International Relations
Article 4. (Position in the International Society)
All Japanese people shall understand that Japan is an independent country and, at the same time, a member of international society. And also all Japanese people shall understand and respect the justice, the happiness of people, and the benefits and the peace of world as a whole.
Article 5. (International Policy)
Basic international policy of Japan shall be to establish and maintain the world democracy.
Government of Japan shall make efforts to establish and maintain democratic international organizations that include the World Parliament.
Chapter III. Duties and Rights of the People
Article 6. (Duty to Maintain the Security)
All people shall have the duty to maintain the security of Japan by the constant endeavor respecting and following the President who is the most responsible officer of administration. After performing the duty, all people may have the rights guaranteed by this Constitution or fixed by law.
Article 7. (Duty to Pay Taxes)
All people shall have the duty to pay taxes following law.
Article 8. (Duty and Right to Receive Education)
All people shall have the duty and the right to receive education correspondent to their ability following law.
(2) All people shall be obliged to have all children under their protection receive ordinary education.
(3) Compulsory education shall be free.
Article 9. (Duty and Right to Work)
All people shall have the duty and the right to work.
Article 10. (Right to Live as a Human)
All people shall have the right to live happily as a human, and this right is not alienable.
(2) In all spheres of life, the State shall have the duty to promote the happiness of all people.
Article 11. (Equality under the Law)
All people shall be equal under the law regardless of race, faith, sex, social status, family origin, education, property or income.
Article 12. (Freedom of Religion)
Freedom of religion is guaranteed. Any law of the State shall be neutral with regard to religion.
Article 13. (Freedom of Thought and Conscience)
Freedom of thought and conscience is guaranteed.
Article 14. (Freedom of Assembly and Association)
Freedom of assembly and association is guaranteed.
Article 15. (Freedom of Expression)
Freedom of speech, publication, and all other forms of expression is guaranteed.
Article 16. (Academic Freedom)
Academic freedom is guaranteed.
Article 17. (Marriage)
Marriage shall be based on the consent of both sexes that have the equal rights.
(2) With regard to choice of spouse, property rights, inheritance, divorce, and other matters related to marriage and family, laws shall be enacted from the standpoint of the individual dignity and the essential equality of both sexes.
Article 18. (Freedom of Migration and Changing Nationality)
Freedom of migration to foreign country and that of changing nationality is guaranteed.
Article 19. (Right of Workers)
The right of workers to gather and to bargain collectively is guaranteed.
Article 20. (Right of Private Property)
All people shall have the right to own private property. The property rights shall be defined by law.
(2) Private property may be taken by government for public use on condition that government compensates for it.
Article 21. (Right to Choose and Remove Public Officials, Role of Public Officials, Universal Suffrage, and Secret Ballot)
All people shall have the inalienable right to choose and remove, following the procedure stipulated by law, their public officials such as the National Diet members, the local assembly members, the chief executive officers of local public bodies, and other public officials stipulated by law.
(2) All public officials shall be servants of the whole community and not servants of any partial group of the community.
(3) Universal adult suffrage shall be 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 and privately, for the voter's choice.
Article 22. (Right of Access to the Courts)
No person shall be deprived of the right of access to the courts.
Article 23. (Right of Petition)
Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment or repeal or amendment of laws, and for other matters. Any person shall not be discriminated for implementing such a petition.
Article 24. (Right for Seeking Redress against the State or Public Body)
Every person may sue for redress from the State or a public body following law, in case the person has suffered damage through illegal act of any public official.
Article 25. (Crime and Punishment)
All People who committed crime must be punished through the procedure stipulated by law.
(2) No person shall be deprived of life or liberty, and no other criminal penalty shall be imposed without following the procedure stipulated by law.
Article 26. (Procedure for Arrest)
No person shall be arrested without warrant with clearly specified reason issued by a judge, except being arrested red-handed.
Article 27. (Searches of Home and Seizures of Belongings)
Home of all people shall not be searched and belongings of all people shall not be seized without warrant with clearly specified reason issued by a judge, except being arrested following the previous article.
Article 28. (Right of the Accused)
In all criminal cases, the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
(2) The accused shall be permitted full opportunity to examine all witnesses, and she or he shall have the right of compulsory process for obtaining witnesses on her or his behalf at public expenses.
(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 her or his own efforts, be assigned to her or his use by the State.
Article 29. (Prohibition of Torture)
Torture by public officer and cruel punishments are absolutely forbidden.
Article 30. (Invalidity of Forced Confession)
No person shall be forced to testify against her or himself.
(2) Confession by torture shall not be evidence.
(3) No person shall be convicted in cases where the only proof is her or his own confession.
Article 31. (Prohibition against Retroactive Punishment and Double Jeopardy)
No person shall be held criminally liable for an act that was lawful at the time it was committed or for an act that has been acquitted.
(2) No person shall be placed in double jeopardy.
Article 32. (Right to Require Criminal Indemnity)
Any person, in case she or he is acquitted after she or he has been arrested, may sue the State for criminal indemnity following law.
Chapter IV. Legislation
Article 33. (Legislative Power)
The legislative power shall belong to the National Diet except the case stipulated by this Constitution.
Article 34. (Bicameral Legislature)
National Diet shall consist of House of People and House of World Citizen.
(2) Bill may be submitted to either House except the case stipulated by this Constitution.
Article 35. (Organization of Both Houses)
Members of both Houses of National Diet shall be elected by people.
(2) The number of members of each House shall be fixed by law.
Article 36. (Qualification of Member and Elector)
Members of both Houses and their electors must have the nationality of Japan, and the age shall be fixed by law. However, there shall be no discrimination because of race, faith, sex, social status, family origin, education, property or income.
Article 37. (Term of Office of Members of House of People)
The term of office of members of House of People is 4 years.
(2) When it is necessary, the President may dissolve the House of People before the term is completed.
Article 38. (Term of Office of Members of House of World Citizen)
The term of office of members of House of World Citizen shall be 6 years, and election for half the members shall be conducted every 3 years.
Article 39. (Matters Related to Election)
Electoral districts, method of voting, and other matters related to the election of members of both Houses shall be fixed by law.
Article 40. (Ordinary Session of Both Houses)
An ordinary session of both houses of the National Diet shall be convoked by the President once in a year.
(2) The number of days of the session shall be fixed by law.
(3) Both houses may open the session and resolve when one-third or more of members is present.
Article 41. (Extraordinary Session)
The President may convoke the extraordinary session of both Houses.
(2) When a quarter or more of the total members of either House demands, the President must convoke the extraordinary session.
(3) The number of days of the session shall be fixed by law.
(4) Both houses may open the session and resolve when one-third or more of members is present.
Article 42. (Election of Officials, Rules for Each House, and Dismissal of Member)
Each House shall elect the chairperson and other officials.
(2) Each House shall establish its rules pertaining to meetings, internal discipline, and punishment of members for their disorderly conduct.
(3) In each House, when two-thirds or more of members present resolves on the dismissal of a member, the member shall lose the seat of the National Diet member.
Article 43. (Resolution)
A bill shall be passed, in both Houses, by more than a half of members present, except the case stipulated by this Constitution, and in case of a tie, the presiding chairperson shall resolve about the issue.
(2) The vote may not be entrusted to other member.
(3) A bill shall become a law when it is passed in both Houses, except the case stipulated by this Constitution.
Article 44. (Superiority of House of People in Resolution)
In case a bill that has been passed in the House of People is refused in the House of World Citizen, if House of People passes the bill again by more than two-thirds or more of members present, the bill shall become a law.
(2) In case the resolutions in each House are different, the House of People may hold the joint committee of both Houses following law.
(3) In case a bill is passed in the House of People, and the House of World Citizen cannot draw a conclusion on it within 60 days excluding the days session was closed, the House of People may judge that the House of World Citizen has rejected the bill.
Article 45. (Superiority of House of People on the Budget Bill)
The budget bill must first be submitted to the Houses of People.
(2) In either case below, the resolution in the House of People shall be the resolution of the National Diet.
1. The budget bill has been passed in the House of People but has been rejected in the House of World Citizen, and no agreement can be reached even through a joint committee of both Houses.
2. The budget bill that has been passed in the House of People is not passed in the House of World Citizen within 30 days excluding the days session was closed.
Article 46. (Superiority of House of People on the Ratification of Treaty)
The second and the third paragraph of preceding article shall apply also to the ratification of treaties by the National Diet.
Article 47. (Dissolution of House of People)
When the House of People is dissolved, general election must be held within 40 days from the day of dissolution, and the National Diet must be convoked within 30 days from the day of election.
(2) When the House of People is dissolved, the House of World Citizen is closed at the same time. However, the President may, in time of national emergency, convoke the House of World Citizen in emergency session.
(3) Measures taken in the above emergency session are provisional. If the measures are not recognized by the House of People within 10 days after the opening of next session, they shall lose their force.
Article 48. (Publicity of the Session and of the Record of the Proceedings)
Session of each House shall be publicized to the public. However, a secret session may be held when two-thirds or more of the members present resolve on it.
(2) Each House shall keep a record of proceedings, and this record shall be published. However, when two-thirds or more of the members present resolve to keep it in secret, it may be kept in secret.
(3) Upon demand of one-fifth or more of the members present, votes of members on any matter shall be recorded in the record of the proceedings.
Article 49. (Prohibition of Simultaneous Membership)
No person shall be permitted to be a member of both Houses simultaneously.
Article 50. (Compensation to National Diet Members)
Members of both Houses shall receive appropriate compensation from the national treasury in accordance with law.
Article 51. (Privilege of National Diet Member of Exemption from Arrest)
Except in cases provided by law, members of both Houses shall be exempt from arrest while the National Diet is in session. Any members arrested before the opening of the session shall be freed during the term of session upon demand of the House.
Article 52. (Privilege of National Diet Member of Exemption from Liability)
Members of both Houses shall not be liable outside the House for their speeches, debates, and votes cast inside the House.
Article 53. (Right to Conduct Investigations in Relation to Policy of Government)
Each House may conduct investigations in relation to the policy of government, and, in this investigation, may demand the presence and the testimony of witnesses, and the presentation of records.
Article 54. (Rights and Duties of the President and Other Ministers of State to Appear in Either House)
The President and other Ministers of State may, at any time, appear in either House to speak on bills, regardless of whether they are members of the House or not.
(2) If the House resolves that they must appear, they must appear in order to give answers or explanation.
Article 55. (Impeachment Court)
The National Diet shall set up an impeachment court that is composed of members of both Houses in order to try judges against whom removal proceedings have been instituted.
(2) Matters relating to impeachment shall be fixed by law.
Chapter V. Administration
Article 56. (Supreme Authority)
The supreme authority of the administration shall be the President. The President shall be civilian. At the time of inauguration, the President shall swear to people that she or he will follow the Constitution and will do best in order to accomplish her or his mission.
Article 57. (Election and Qualification of the President)
The President shall be directly elected by people following the procedure fixed by law.
(2) The President must have been born in Japan and shall have the nationality of Japan.
(3) The President shall be 30 years old or older.
Article 58. (Term of Presidency)
The term of the Presidency shall be 4 years. The President may be elected for 2 terms only.
Article 59. (Functions of the President)
The President shall perform the following functions:
1. Perform the general administrative functions.
2. Administer the law faithfully and conduct affairs of the State.
3. Exercise control and supervision over various administrative branches.
4. Submit bills to the National Diet.
5. Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the National Diet.
6. Report on general national affairs and international relations to the National Diet.
7. Prepare the budget bill, and submit it to the National Diet.
8. Enact government ordinances. However, such government ordinance shall not include penal provisions unless authorized by law.
9. Dissolve the House of People when it is necessary.
10. Decide on amnesty, on restoration of rights, and on other related issues.
Article 60. (Vice President)
The Vice President shall be appointed and removed by the President.
(2) The Vice President shall function as the President when the President cannot accomplish her or his duty. When the Vice President cannot accomplish her or his duty, one of the Ministers of State shall function as the President. At least 3 ministers who function as the President and the order of substitute by the ministers shall be specified by the President.
(3) When the President has passed away, the Vice President shall be the President and shall appoint the Vice President and other substitutes. The term of the new president shall be the remaining term of the former president.
Article 61. (Ministers of State and Ministries)
President shall appoint and remove the Ministers of State of each ministry. More than half of Ministers of State shall be the member of National Diet, and Ministers of State shall be civilian.
(2) Ministers of State shall appoint and remove any officers in the ministry, except the case stipulated by law, and shall administer the Ministry of State.
(3) Ministries and their functions shall be stipulated by law.
(4) President may appoint and remove any government officers including officers in ministry but excluding judges of court. This right is superior to that of the Ministers of State, and no law shall deny this right.
Article 62. (Defense Forces)
Japan shall have its own defense forces. Structure of defense forces shall be stipulated by law.
(2) The President shall be the Commander-in-Chief of the defense forces. The President may appoint and remove any officers in the defense forces.
Article 63. (Competence of Investigations)
The President shall have the competence to conduct the investigations on the policy of each office of the government and on all the people in the State on condition that the investigation is opened to the public.
(2) The President shall have the competence to demand the presence and the testimony of people in the meeting that the President convokes on condition that the meeting is opened to the public, and shall have the right to demand the presentation of records.
Article 64. (Signature to Laws and Government Ordinance)
All laws and government ordinances shall be signed by the competent Minister of State and countersigned by the President.
Article 65. (Privilege of Minister of State)
The Minister of State shall not be subject to legal action without the consent of the President. However, the right to take that action is not impaired hereby.
Article 66. (Resignation of the President)
The President may resign her or his presidency when she or he thinks it necessary.
(2) In case the budget bill is not passed within the period fixed by this Constitution, the President shall resign.
(3) Election for the new President shall be conducted within 40 days from the resignation. The term of the new President shall be 4 years.
Article 67. (Impeachment)
The process of the impeachment of the President shall start when two-thirds or more of the attending members resolve in both Houses to carry out the national referendum for the impeachment.
(2) When more than half of votes of the national referendum support the removal of the President, the President shall be removed from the office. The process of the referendum shall be fixed by law.
(3) After the removal, the Vice President shall become the President, and the election for the new President shall be conducted within 40 days from the removal. The term of the new President shall be 4 years.
Article 68. (Veto)
The President may veto the resolutions made by the National Diet. When a resolution is vetoed, it shall be effective if the vetoed resolution is passed by two-thirds or more of members present in both Houses.
Chapter VI. Judiciary
Article 69. (Judicial Power)
The whole judicial power shall be vested in a Supreme Court and other inferior courts. Here, inferior courts shall be established following law.
(2) The Supreme Court shall be the court of last resort with power to determine the constitutionality of any law, treaty, order, regulation, and official act.
(3) No extraordinary court shall be established, except the case National Diet sets up a court of impeachment following this Constitution.
(4) No administrative organ or agency shall be given the final judicial power.
(5) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
Article 70. (Rule-Making Power of Supreme Court)
The Supreme Court shall be vested with the rule-making power that determines the procedures of trial, the matters relating to attorneys, the internal discipline of the court, and the clerical procedures of judicial affairs.
(2) Public prosecutors, attorneys, and others relating to trial shall be subject to the rules fixed by the Supreme Court.
(3) The Supreme Court may delegate the power to make rules for the inferior courts to the inferior courts.
Article 71. (Judges of the Supreme Court)
The judges of the Supreme Court shall consist of a Chief Judge and other judges. The number of judges shall be fixed by law. The Chief Judge and other judges shall be appointed by the President.
(2) The term of office of the judges of the Supreme Court shall not be limited. However, the judges of Supreme Court shall be retired when they reached the age fixed by law.
(3) The judges of Supreme Court shall receive, at regular intervals, adequate compensation that shall not be decreased during their terms of office.
Article 72. (Judges of the Inferior Court)
The judges of inferior courts shall be appointed by the President from the list submitted by the Supreme Court.
(2) The judges of inferior courts shall hold office for a term of 10 years, may be reappointed, and shall be retired when they reached the age fixed by law.
(3) The judges of inferior court shall receive, at regular intervals, adequate compensation that shall not be decreased during their term of office.
Article 73. (Guarantee of Status of Judge and Impeachment of Judge)
Judges shall not be impeached by any procedure except the following procedures:
1. All Judges may be impeached when the Court of Impeachment that is composed of members of both Houses of National Diet resolves on it.
2. All Judges may be removed when a trial has judged them to be mentally or physically incompetent to perform official duties.
3. Judges of Supreme Court may be impeached by referendum. If more than half of voters support the removal, the judge is removed. The procedure of referendum is fixed by law.
(2) No disciplinary action against judges shall be administered by any administrative organ or agency.
Article 74. (Open Trial)
Trials shall be opened to the people.
(2) Where a court unanimously determines that publicity is dangerous to public order or moral, a trial may be conducted without publicizing it. But trials of cases of political offences, cases related to the press, and cases related to the rights of people guaranteed in this Constitution shall be conducted publicly.
Chapter VII. Finance
Article 75. (Principle of Finance)
The power to administer the national finance shall be exercised following the resolutions by the National Diet.
Article 76. (Taxation)
No new taxes shall be levied or no existing ones shall be modified without following law.
Article 77. (National Expenditures and Debts)
Expenditures of the money of the State and the creation of debts of the State shall be possible under the authorization of the National Diet.
Article 78. (Budget)
President shall formulate a budget bill for each fiscal year and submit it to the National Diet for its consideration and resolution.
(2) In case the budget bill is not passed in the National Diet before the beginning of the fiscal year concerned, President may implement necessary expenditure following law for 3 months and within the expenditure of one-fourth of the budget of last fiscal year. When the budget bill is not passed within 3 months and within the expenditure of one-fourth of the budge of the last fiscal year, the President shall resign.
(3) In case the expenditure has been implemented without passed budget bill, it shall be reported to the National Diet after the fact.
Article 79. (Reserve Fund)
In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the National Diet to be expended upon the responsibility of the President.
(2) The payments from the reserve fund shall be reported to the National Diet.
Article 80. (Limitation on Use of Public Fund and Property)
No public fund or other property shall be expended for any religious organizations, or, for any charitable or educational organizations that are not under the control of the public authority.
Article 81. (Submission of the Final Accounts)
Final accounts of the revenue and expenditure of the State shall be audited annually by a Board of Audit. In the next fiscal year, the President shall submit the final accounts to the National Diet.
(2) The organization and competence of the Board of Audit shall be stipulated by law.
Article 82. (Report on the State of National Finances)
At least annually, the President shall report the state of national finances to the National Diet and the people.
Chapter VIII. Local Autonomy
Article 83. (Principle of Local Autonomy)
Organization of local public bodies shall be stipulated by law.
Article 84. (Local Assembly and Election)
The local public bodies shall establish the local assemblies following law.
(2) The chief executive officers of all local public bodies, the members of their assemblies, and the other local public officials specified by law shall be elected by the direct vote of residents in local communities concerned.
Article 85. (Competence of Local Public Bodies)
Local public bodies shall have the competence to manage their property, affairs, and administration and to enact their own regulations within law.
(2) Local tax may be levied by enacting the regulations within law.
Chapter IX. Amendment and Others
Article 86 (Amendment)
Amendment to this Constitution may be initiated by either House of National Diet.
(2) The bill of amendment shall be passed when two-thirds or more of all the members of each House support the amendment in both Houses. The passed bill of amendment is sent to national referendum following the procedure specified by law. When more than half of votes support the amendment, the Constitution shall be amended.
(3) When the Constitution is amended, the President shall pledge the allegiance to the Constitution, and the Constitution shall be immediately promulgated by the President.
(4) The amended constitution shall be enforced 6 months after the promulgation.
(5) When the first President has not been elected yet, the Prime Minister shall perform the function of the President.
Article 87. (Validity of Existing Laws)
All laws that have existed under the previous constitution shall be valid as far as they are not amended.
(2) New laws shall follow the new constitution.
Article 88. (Members of National Diet and Local Assembly)
Under the new constitution, members of House of the Representatives shall be the members of the House of People, and members of the House of Councilors shall be the (2) Under the new constitution, members of local assemblies shall be the members of the same assembly.
Article 89. (Contradiction between the Existing Laws and the New Constitution)
In international and domestic issues, in case an existing law that has existed under the previous constitution contradicts with the new constitution, the President may decide a policy following the new constitution.
(2) In local issues, in case an existing law that has existed under the previous constitution contradicts with the new constitution, the chief executive officers of local public bodies concerned may decide a policy following the new constitution.
(3) Decisions made by the President or the chief executive officers following the new constitution without following the existing law shall be, immediately after the fact, reported to the National Diet or to the local assembly.