Compare Meiji Draft
The Constitution of the Empire of Japan
Having, by virtue of the glories of Our Ancestors, ascended the throne of a lineal succession unbroken for ages eternal; desiring to promote the welfare of, and to give development to the moral and intellectual faculties of Our beloved subjects, the very same that have been favoured with the benevolent care and affectionate vigilance of Our Ancestors; and hoping to maintain the prosperity of the State, in concert with Our people and with their support, We hereby promulgate, in pursuance of Our Imperial Rescript of the 12th day of the 10th month of the 14th year of Meiji, a fundamental law of the State, to exhibit the principles, by which We are guided in Our conduct, and to point out to what Our descendants and Our subjects and their descendants are forever to conform.
The right of sovereignty of the State, We have inherited from Our Ancestors, and We shall bequeath them to Our descendants. Neither We nor they shall in future fail to wield them, in accordance with the provisions of the Constitution hereby granted.
We now declare to respect and protect the security of the rights and of the property of Our people, and to secure to them the complete enjoyment of the same, within the extent of the provisions of the present Constitution and of the law.
The Imperial Diet shall first be convoked for the 23rd year of Meiji, and the time of its opening shall be the date, when the present Constitution comes into force.
When in the future it may become necessary to amend any of the provisions of the present Constitution, We or Our successors shall assume the initiative right, and submit a project for the same to the Imperial Diet. The Imperial Diet shall pass its vote upon it, according to the conditions imposed by the present Constitution, and in no otherwise shall Our descendants or Our subjects be permitted to attempt any alteration thereof.
Our Ministers of State, on Our behalf, shall be held responsible for the carrying out of the present Constitution, and Our present and future subjects shall forever assume the duty of allegiance to the present Constitution.
Chapter I. The Emperor
Article 1.
The Empire of Japan shall be reigned over and governed by a line of Emperors unbroken for ages eternal.
Article 2.
The Imperial Throne shall be succeeded to by Imperial male descendants, according to the provisions of the Imperial House Law.
Article 3.
The Emperor is sacred and inviolable.
Article 4.
The Emperor is the head of the Empire, combining in Himself the rights of sovereignty, and exercises them, according to the provisions of the present Constitution.
Article 5.
The Emperor exercises the legislative power with the consent of the Imperial Diet.
Article 6.
The Emperor gives sanction to laws, and orders them to be promulgated and executed.
Article 7.
The Emperor convokes the Imperial Diet, opens, closes and prorogues it, and dissolves the House of Representatives.
Article 8.
The Emperor, in consequence of an urgent necessity to maintain public safety or to avert public calamities, issues, when the Imperial Diet is not sitting, Imperial Ordinances in the place of law.
(2) Such Imperial Ordinances are to be laid before the Imperial Diet at its next session, and when the Diet does not approve the said Ordinances, the Government shall declare them to be invalid for the future.
Article 9.
The Emperor issues or causes to be issued, the Ordinances necessary for the carrying out of the laws, or for the maintenance of the public peace and order, and for the promotion of the welfare of the subjects. But no Ordinance shall in any way alter any of the existing laws.
Article 10.
The Emperor determines the organization of the different branches of the administration, and salaries of all civil and military officers, and appoints and dismisses the same. Exceptions especially provided for in the present Constitution or in other laws, shall be in accordance with the respective provisions (bearing thereon).
Article 11.
The Emperor has the supreme command of the Army and Navy.
Article 12.
The Emperor determines the organization and peace standing of the Army and Navy.
Article 13.
The Emperor declares war, makes peace, and concludes treaties.
Article 14.
The Emperor proclaims the law of siege.
(2) The conditions and effects of the law of siege shall be determined by law.
Article 15.
The Emperor confers titles of nobility, rank, orders and other marks of honor.
Article 16.
The Emperor orders amnesty, pardon, commutation of punishments and rehabilitation.
Article 17.
A Regency shall be instituted in conformity with the provisions of the Imperial House Law.
(2) The Regent shall exercise the powers appertaining to the Emperor in His name.
Chapter II. Rights and Duties of Subjects
Article 18.
The conditions necessary for being a Japanese subject shall be determined by law.
Article 19.
Japanese subjects may, according to qualifications determined in laws or ordinances, be appointed to civil or military offices equally, and many fill any other public offices.
Article 20.
Japanese subjects are amenable to service in the Army or Navy, according to the provisions of law.
Article 21.
Japanese subjects are amenable to the duty of paying taxes, according to the provisions of law.
Article 22.
Japanese subjects shall have the liberty of abode and of changing the same within the limits of the law.
Article 23.
No Japanese subject shall be arrested, detained, tried or punished, unless according to law.
Article 24.
No Japanese subject shall be deprived of his right of being tried by the judges determined by law.
Article 25.
Except in the cases provided for in the law, the house of no Japanese subject shall be entered or searched without his consent.
Article 26.
Except in the cases mentioned in the law, the secrecy of the letters of every Japanese subject shall remain inviolate.
Article 27.
The right of property of every Japanese subject shall remain inviolate.
(2) Measures necessary to be taken for the public benefit shall be any provided for by law.
Article 28.
Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief.
Article 29.
Japanese subjects shall, within the limits of law, enjoy the liberty of speech, writing, publication, public meetings and associations.
Article 30.
Japanese subjects may present petitions, by observing the proper forms of respect, and by complying with the rules specially provided for the same.
Article 31.
The provisions contained in the present Chapter shall not affect the exercise of the powers appertaining to the Emperor, in times of war or in cases of a national emergency.
Article 32.
Each and every one of the provisions contained in the preceding Articles of the present Chapter, that are not in conflict with the laws or the rules and discipline of the Army and Navy, shall apply to the officers and men of the Army and of the Navy.
Chapter III. The Imperial Diet
Article 33.
The Imperial Diet shall consist of two Houses, a House of Peers and a House of Representatives.
Article 34.
The House of Peers shall, in accordance with the Ordinance concerning the House of Peers, be composed of the members of the Imperial Family, of the orders of nobility, and of those persons, who have been nominated thereto by the Emperor.
Article 35.
The House of Representatives shall be composed of Members elected by the people, according to the provisions of the Law of Election.
Article 36.
No one can at one and the same time be a Member of both Houses.
Article 37.
Every law requires the consent of the Imperial Diet.
Article 38.
Both Houses shall vote upon projects of law submitted to it by the Government, and may respectively initiate projects of law.
Article 39.
A Bill, which has been rejected by either the one or the other of the two Houses, shall not be again brought in during the same session.
Article 40.
Both Houses can make representations to the Government, as to laws or upon any other subject. When, however, such representations are not accepted, they cannot be made a second time during the same session.
Article 41.
The Imperial Diet shall be convoked every year.
Article 42.
A session of the Imperial Diet shall last during three months. In case of necessity, the duration of a session may be prolonged by the Imperial Order.
Article 43.
When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary one.
(2) The duration of an extraordinary session shall be determined by Imperial Order.
Article 44.
The opening, closing, prolongation of session and prorogation of the Imperial Diet, shall be effected simultaneously for both Houses.
(2) In case the House of Representatives has been ordered to dissolve, the House of Peers shall at the same time be prorogued.
Article 45.
When the House of Representatives has been ordered to dissolve, Members shall be caused by Imperial Order to be newly elected, and the new House shall be convoked within five months from the day of dissolution.
Article 46.
No debate can be opened and no vote can be taken in either House of the Imperial Diet, unless not less than one third of the whole number of the Members thereof is present.
Article 47.
Votes shall be taken in both Houses by absolute majority. In the case of a tie vote, the President shall have the casting vote.
Article 48.
The deliberations of both Houses shall be held in public. The deliberations may, however, upon demand of the Government or by resolution of the House, be held in secret sitting.
Article 49.
Both Houses of the Imperial Diet may respectively present addresses to the Emperor.
Article 50.
Both Houses may receive petitions presented by subjects.
Article 51.
Both Houses may enact, besides what is provided for in the present Constitution and in the Law of the Houses, rules necessary for the management of their internal affairs.
Article 52.
No Member of either House shall be held responsible outside the respective Houses, for any opinion uttered or for any vote given in the House. When, however, a Member himself has given publicity to his opinions by public speech, by documents in print or in writing, or by any other similar means, he shall, in the matter, be amenable to the general law.
Article 53.
The Members of both Houses shall, during the session, be free from arrest, unless with the consent of the House, except in cases of flagrant delicts, or of offences connected with a state of internal commotion or with a foreign trouble.
Article 54.
The Ministers of State and the Delegates of the Government may, at any time, take seats and speak in either House.
Chapter IV. The Ministers of State and the Privy Council
Article 55.
The respective Ministers of State shall give their advice to the Emperor, and be responsible for it.
(2) All Laws, Imperial Ordinances, and Imperial Rescripts of whatever kind, that relate to the affairs of the State, require the countersignature of a Minister of State.
Article 56.
The Privy Councillors shall, in accordance with the provisions for the organization of the Privy Council, deliberate upon important matters of State, when they have been consulted by the Emperor.
Chapter V. The Judicature
Article 57.
The Judicature shall be exercised by the Courts of Law according to law, in the name of the Emperor.
(2) The organization of the Courts of Law shall be determined by law.
Article 58.
The judges shall be appointed from among those, who possess proper qualifications according to law.
(2) No judge shall be deprived of his position, unless by way of criminal sentence or disciplinary punishment.
(3) Rules for disciplinary punishment shall be determined by law.
Article 59.
Trials and judgments of a Court shall be conducted publicly. When, however, there exists any fear that, such publicity may be prejudicial to peace and order, or to the maintenance of public morality, the public trial may be suspended by provisions of law or by the decision of the Court of Law.
Article 60.
All matters, that fall within the competency of a special Court, shall be specially provided for by law.
Article 61.
No suit at law, which relates to rights alleged to have been infringed by the illegal measures of the executive authorities, and which shall come within the competency of the Court of Administrative Litigation specially established by law, shall be taken cognizance of by a Court of Law.
Chapter VI. Finance
Article 62.
The imposition of a new tax or the modification of the rates (of an existing one) shall be determined by law.
(2) However, all such administrative fees or other revenue having the nature of compensation shall not fall within the category of the above clause.
(3) The raising of national loans and the contracting of other liabilities to the charge of the National Treasury, except those that are provided in the Budget, shall require the consent of the Imperial Diet.
Article 63.
The taxes levied at present shall, in so far as are not remodelled by new law, be collected according to the old system.
Article 64.
The expenditure and revenue of the State require the consent of the Imperial Diet by means of an annual Budget.
(2) Any and all expenditures overpassing the appropriations set forth in the Titles and Paragraphs of the Budget, or that are not provided for in the Budget, shall subsequently require the approbation of the Imperial Diet.
Article 65.
The Budget shall be first laid before the House of Representatives.
Article 66.
The expenditures of the Imperial House shall be defrayed every year out of the National Treasury, according to the present fixed amount for the same, and shall not require the consent thereto of the Imperial Diet, except in case an increase thereof is found necessary.
Article 67.
Those already fixed expenditures based by the Constitution upon the powers appertaining to the Emperor, and such expenditures as may have arisen by the effect of law, or that appertain to the legal obligations of the Government, shall be neither rejected nor reduced by the Imperial Diet, without the concurrence of the Government.
Article 68.
In order to meet special requirements, the Government may ask the consent of the Imperial Diet to a certain amount as a Continuing Expenditure Fund, for a previously fixed number of years.
Article 69.
In order to supply deficiencies, which are unavoidable, in the Budget, and to meet requirements unprovided for in the same, a Reserve Fund shall be provided in the Budget.
Article 70.
When the Imperial Diet cannot be convoked, owing to the external or internal condition of the country, in case of urgent need for the maintenance of public safety, the Government may take all necessary financial measures, by means of an Imperial Ordinance.
(2) In the case mentioned in the preceding clause, the matter shall be submitted to the Imperial Diet at its next session, and its approbation shall be obtained thereto.
Article 71.
When the Imperial Diet has not voted on the Budget, or when the Budget has not been brought into actual existence, the Government shall carry out the Budget of the preceding year.
Article 72.
The final account of the expenditures and revenues of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the Imperial Diet, together with the report of verification of the said Board.
(2) The organization and competency of the Board of Audit shall be determined by law separately.
Chapter VII. Supplementary Rules
Article 73.
When it has become necessary in future to amend the provisions of the present Constitution, a project to that effect shall be submitted to the Imperial Diet by Imperial Order.
(2) In the above case, neither House can open the debate, unless not less than two thirds of the whole number of Members are present, and no amendment can be passed, unless a majority of not less than two thirds of the Members present is obtained.
Article 74.
No modification of the Imperial House Law shall be required to be submitted to the deliberation of the Imperial Diet.
(2) No provision of the present Constitution can be modified by the Imperial House Law.
Article 75.
No modification can be introduced into the Constitution, or into the Imperial House Law, during the time of a Regency.
Article 76.
Existing legal enactments, such as laws, regulations, Ordinances, or by whatever names they may be called, shall, so far as they do not conflict with the present Constitution, continue in force.
(2) All existing contracts or orders, that entail obligations upon the Government, and that are connected with expenditure, shall come within the scope of Article 67.
Pre-First Government Draft (February 13, 1946)
Pre-First Government Draft
February 13, 1946
Source: Charles L. Kades papers, Gordon W. Prange Collection, University of Maryland.1
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 the sovereignty of the people's will and do ordain and establish this Constitution, founded upon the universal principle that government is a. sacred trust 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; and we reject and revoke all constitutions, ordinances, laws and rescripts in conflict herewith.
Desiring peace for all time and fully conscious of the high ideals controlling human relationship now stirring mankind, we have determined to rely for our security and survival upon the justice and good faith of the peace-loving peoples of the world. desire to occupy an honored place in an international society designed and dedicated to the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance, for all time from the earth, we recognize and acknowledge that all peoples have the right to live in peace, free from fear and want.
We hold that no people is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is Incumbent upon all peoples who would sustain their own sovereignty and justify their sovereign relationship with other peoples.
To these high principles and purposes we, the Japanese People, pledge our national honor, determined will and full resources.
Chapter I. The Emperor
Article 1.
The Emperor shall be the symbol of the State and of the Unity of the People, deriving his position from the sovereign will of the People, and from no other source.
Article 2.
Succession to the Imperial Throne shall be dynastic and in accordance with such Imperial House Law as the Diet may enact.
Article 3.
The advice and consent of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor.
(2) The Emperor shall perform only such state functions as are provided for in this Constitution. He shall have no governmental powers, nor shall he assume nor be granted such powers.
(3) The Emperor may delegate his functions in such manner as may be provided by law.
Article 4.
When a regency is instituted in conformity with the provisions of such Imperial House Law as the Diet may enact, the duties of the Emperor shall be performed by the Regent in the name of the Emperor; and the limitations on the functions of the Emperor contained herein shall apply with equal force to the Regent.
Article 5.
The Emperor appoints as Prime Minister the person designated by the Diet.
Article 6.
Acting only on the advice and with the consent of the Cabinet, the Emperor, on behalf of the people, shall perform the following state functions:
1. Affix his official seal to and proclaim all laws enacted by the Diet, all Cabinet orders, all amendments to this Constitution, and all treaties and international conventions;
2. Convoke sessions of the Diet;
3. Dissolve the Diet;
4. Proclaim general elections;
5. Attest the appointment or commission and resignation or dismissal of Ministers of State, ambassadors and those other state officials whose appointment or commission and resignation or dismissal may by law be attested in this manner;
6. Attest grants of amnesty, pardons, commutation of punishment, reprieves and rehabilitation;
7. Award honors;
8. Receive ambassadors and ministers of foreign States; and
9. Perform appropriate ceremonial functions.
Article 7.
No grants of money or other property shall be made to the Imperial Throne, and no expenditures shall be made by the Imperial Throne, unless authorized by the Diet.
Chapter II. Renunciation of War
Article 8.
War as a sovereign right of the nation is abolished. The threat or use of force is forever renounced as a means for settling disputes with any other nation.
(2) No army, navy, air force, or other war potential will ever be authorized and no rights of belligerency will ever be conferred upon the State.
Chapter III. Rights and Duties of the People
Article 9.
The people of Japan are entitled to the enjoyment without interference of all fundamental human rights.
Article 10.
The fundamental human rights by this Constitution guaranteed to the people of Japan result from the age-old struggle of man to be free. They have survived the exacting test for durability in the crucible of time and experience, and are conferred upon this and future generations in sacred trust, to be held for all time inviolate.
Article 11.
The freedoms, rights and opportunities enunciated by this Constitution are maintained by the eternal vigilance of the people and involve an obligation on the part of the people to prevent their abuse and to employ them always for the common good.
Article 12.
The feudal system of Japan shall cease. All Japanese by virtue of their humanity shall be respected as individuals. Their right to life, liberty and the pursuit of happiness within the limits of the general welfare shall be the supreme consideration of all law and of all governmental action.
Article 13.
All natural persons are equal before the law. No discrimination shall be authorized or tolerated in political, economic or social relations on account of race, creed, sex, social status, caste or national origin.
(2) No patent of nobility shall from this time forth embody within itself any national or civic power of government.
(3) No rights of peerage except those of the Imperial dynasty shall extend beyond the lives of those now in being.
(4) No special privilege shall accompany any award of honor, decoration or other distinction; nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it.
Article 14.
The people are the ultimate arbiters of their government and of the Imperial Throne. They 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 special groups.
(3) In all elections, secrecy of the ballot shall be kept inviolate, nor shall any voter be answerable, publicly or privately, for the choice he has made.
Article 15.
Every person has the right of peaceful petition for the redress of grievances for the removal of public officials and for the enactment, repeal or amendment of laws, ordinances or regulations; nor shall any person be in any way discriminated against for sponsoring such a petition.
Article 16.
Aliens shall be entitled to the equal protection of law.
Article 17.
No person shall be held in enslavement, serfdom or bondage of any kind. Involuntary servitude, except as a punishment for crime, is prohibited.
Article 18.
Freedom of thought and conscience shall be held inviolable.
Article 19.
Freedom of religion is guaranteed to all. No religious organization shall receive special privileges from the State, nor exercise political authority.
(2) No person shall be compelled to take part in any religious acts, celebrations, rites or practices.
(3) The State and its organs shall refrain from religious education or any other religious activity.
Article 20.
Freedom of assembly, speech and press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
Article 21.
Freedom of association, movement and choice of abode are guaranteed to every person to the extent they do not conflict with the general welfare.
(2) All persons shall be free to emigrate end to change their nationality.
Article 22.
Academic freedom and choice of occupation are guaranteed.
Article 23.
The family is the basis of human society and its traditions for good or evil permeate the nation. Marriage shall rest upon the indisputable legal and social equality of both sexes, founded upon mutual consent instead of parental coercion, and maintained through cooperation instead of male domination. Laws contrary to these principles shall be abolished, and replaced by others viewing choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family from the standpoint of individual dignity and the essential equality of the sexes.
Article 24.
In all spheres of life, laws shall be designed for the promotion and extension of social welfare, and of freedom, justice and democracy. Free, universal and compulsory education shall be established.
(2) The exploitation of children shall be prohibited.
(3) The public health shall be promoted.
(4) Social security shall be provided.
(5) Standards for working conditions, wages and hours shall be fixed.
Article 25.
All men have the right to work.
Article 26.
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 27.
The right to own property is inviolable, but property rights shall be defined by law, in conformity with the public welfare.
Article 28.
The ultimate fee to the land and to all natural resources reposes in the State as the collective representative of the people. Land and other natural resources are subject to the right of the State to take them, upon just compensation therefor, for the purpose of securing and promoting the conservation, development, utilization and control thereof.
Article 29.
Ownership of property imposes obligations. Its use shall be in the public good. Private property may be taken by the State for public use upon just compensation therefor.
Article 30.
No person shall be apprehended except upon warrant Issued by a competent officer of a court of law specifying the offense upon which the person is charged, unless he is apprehended while committing a crime.
Article 31.
No person shall be arrested or detained without being at once informed of the charges against nor without the immediate privilege of counsel; he shall not be held incommunicado; he shall not 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 32.
No person shall be deprived of life or liberty, nor shall any criminal penalty be imposed, except according to procedures established by the Diet, nor shall any person be denied the right of appeal to the courts.
Article 33.
The right of the people to be secure in their persons, homes, papers and effects against entries, searches and seizures shall not be impaired except upon judicial warrant issued only for probable cause, and particularly describing the place to be searched and the person or things to be seized.
(2) Each search or seizure shall be made upon separate warrant issued for the purpose by a competent officer of a court of law.
Article 34.
The Infliction of torture by any public officer is absolutely forbidden.
Article 35.
Excessive bail shall not be required, nor cruel or unusual punishments inflicted.
Article 36.
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 cross-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 be unable to secure the same by his own efforts, be assigned to his use by the government.
Article 37.
No person shall be declared guilty of a crime except by a court of competent jurisdiction.
(2) No person shall be twice placed in jeopardy for the same offense.
Article 38.
No person shall be compelled to testify against himself.
(2) No confession shall be admitted in evidence if made under compulsion, torture or threat, or after prolonged arrest or detention.
(3) No person shall be convicted or punished in cases where the only proof against him is his own confession.
Article 39.
No person shall be held criminally liable for an act lawful at the time it was committed.
Chapter IV. The Diet
Article 40.
The Diet shall be the highest organ of state power and shall be the sole law-making authority of the State.
Article 41.
The Diet shall consist of one House of elected representatives with a membership of not less than 300 nor more than 500.
Article 42.
The qualifications of electors and of candidates for election to the Diet shall be determined by law, and in determining such qualifications there shall be no discrimination because of sex, race, creed, color or social status.
Article 43.
Members of the Diet shall receive adequate compensation from the national treasury as determined by law.
Article 44.
Members of the Diet shall in all cases, except those specified by law, be free from arrest while attending the sessions of the Diet or while traveling to and from such sessions; and for any speech, debate, or vote in the Diet, they shall not be held legally liable elsewhere.
Article 45.
The term of the members shall be four years, but it may be terminated at an earlier date by dissolution of the Diet as provided herein.
Article 46.
The method of election, apportionment, and voting shall be determined by law.
Article 47.
The Diet shall convene at least once in every year.
Article 48.
The Cabinet may call special sessions and shall do so on petition of not less than twenty per cent of the members of the Diet.
Article 49.
The Diet shall be the sole ;judge of the elections and the qualifications of its members. The denial of a seat to anyone who is certified to have been elected and whose right to the seat has been questioned shall require the vote of a majority of the members present.
Article 50.
A quorum to transact business shall consist of not less than one-third of all the members. Except as otherwise provided herein all actions of the Diet shall be by majority vote of those present. In case of a tie the presiding officer shall cast the deciding vote.
Article 51.
The Diet shall choose its presiding officer and other officials. It may determine the rules of its proceedings, punish members for disorderly behavior and expel them. On a motion for expulsion of a member a vote of not less than two- thirds of the members present shall be required to effect such expulsion.
Article 52.
No law shall be passed except by bill.
Article 53.
The deliberations of the Diet shall be public, and no secret sessions shall be held. The Diet shall maintain and publish a record of its proceedings and this record shall be made available to the public. The individual votes of members on any question shall be recorded in the journal upon the demand of twenty per cent of those present.
Article 54.
The Diet shall have the power to conduct investigations, to compel the attendance and testimony of witnesses and the production of records, and to punish for refusal to comply.
Article 55.
The Diet by a majority vote of those present shall designate the Prime Minister. The designation of a Prime Minister shall take precedence over all other business of the Diet.
(2) The Diet shall establish the several Ministries of State.
Article 56.
The Prime Minister and the Ministers of State whether or not they hold seats in the Diet may at any time appear before that body for the purpose of presenting and arguing bills, and shall appear when required to answer interpellations.
Article 57.
Within ten days after the passage of a resolution of non- confidence or the failure to pass a resolution of confidence by a majority of the total membership of the Diet, the Cabinet shall resign or order the Diet to dissolve. When the Diet has been ordered dissolved a special election of a new Diet shall be held not less than thirty days nor more than forty days after the date of dissolution. The newly elected Diet shall be convoked within thirty days after the date of election.
Article 58.
The Diet shall constitute from among its members a court of impeachment to try members of the judiciary against whom removal proceedings have been instituted.
Article 59.
The Diet shall enact all laws necessary and proper to carry into execution the provisions of this Constitution.
Article 60.
The executive power is vested in a Cabinet.
Article 61.
The Cabinet consists of a Prime Minister, who is its head, and such other Ministers of State as may be authorized by the Diet.
(2) In the exercise of the executive power, the Cabinet is collectively responsible to the Diet.
Article 62.
The Prime Minister shall with the advice and consent of the Diet appoint Ministers of State.
(2) The Prime Minister may remove individual Ministers at will.
Article 63.
Whenever a vacancy occurs in the office of Prime Minister or upon the convening of a new Diet, the Cabinet shall collectively resign and a new Prime Minister shall be designated.
(3) Pending such designation, the Cabinet shall continue to perform its duties.
Article 64.
The Prime Minister introduces bills on behalf of the Cabinet, reports to the Diet on general affairs of State and the status of foreign relations, and exercises control and supervision over the several executive departments and agencies.
Article 65.
In addition to other executive responsibilities, the Cabinet shall:
1. Faithfully execute the laws and administer the affairs of State;
2. Conduct foreign relations;
3. Conclude such treaties, international conventions and agreements with the consent of the Diet by prior authorization or subsequent ratification as it deems in the public interest;
4. Administer the civil service according to standards established by the Diet;
5. Prepare and submit to the Diet an annual budget;
6. Issue orders and regulations to carry out the provisions of this Constitution and the law, but no such order or regulation shall contain a penal provision; and
7. Grant amnesty, pardon, commutation of punishment, reprieve and rehabilitation.
Article 66.
The competent Minister of State shall sign and the Prime Minister shall countersign all acts of the Diet and executive orders.
Article 67.
Cabinet Ministers shall not be subject to judicial process during their tenure of office without the consent of the Prime Minister, but no right of action shall be impaired by reason hereof.
Chapter VI. Judiciary
Article 68.
A strong and independent judiciary being the bulwark of the people's rights, the whole judicial power is vested in a Supreme Court and in such inferior courts as the Diet shall from time to time establish.
(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 enacted pursuant thereto.
Article 69.
The Supreme Court is vested with the rule-making power under which it determines the rules of practice and of procedure, the admission of attorneys, the internal discipline of the courts, the administration of judicial affairs, and such other matters as may properly affect the free exercise of the judicial power.
(2) Public procurators shall be officers of the court and subject to its rule-making power.
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.
Article 70.
Removals of judges shall be accomplished by public impeachment only and no disciplinary action shall be administered them by any executive organ or agency.
Article 71.
The Supreme Court shall consist of a chief justice and such number of associate justices as may be determined by the Diet, All such justices shall be appointed by the Cabinet and shall hold office during good behavior but not after the attainment of the age of 70 years, provided however that all such appointments shall be reviewed at the first general election held…[illegible] election held immediately following the expiration of ten calendar years from the next prior confirmation. Upon a majority vote of the electorate not to retain the incumbent the office shall become vacant.
(2) All such justices shall receive, at regular, stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 72.
The judges of the inferior courts shall be appointed by the Cabinet from a list which for each vacancy shall contain the names of at least two persons nominated by the Supreme Court, All such justices shall hold office for a term of ten years with privilege of reappointment and shall receive, at regular, stated intervals, adequate compensation which shall not be decreased during their terms of office. No judge shall hold office after attaining the age of 70 years.
Article 73.
The Supreme Court is the court of last resort, where the determination of the constitutionality of any law, order, regulation or official act is in question, the judgment of the Supreme Court in all cases arising under or involving Chapter III of this Constitution is final; in all other cases where determination of the constitutionality of any law, ordinance, regulation or official act is in question, the judgment of the Court is subject to review by the Diet.
(2) A judgment of the Supreme Court which is subject to review may be set aside only by the concurring vote of two-thirds of the whole number of representatives of the Diet, The Diet shall establish rules of procedure for reviewing decisions of the Supreme Court.
Article 74.
In all cases affecting ambassadors, ministers and consuls of foreign states, the Supreme Court has exclusive original jurisdiction.
Article 75.
Trials shall be conducted and judgment declared publicly, Where, however, 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 of the press, and cases therein the rights of citizens as reserved in Chapter III of this Constitution are in question, shall be conducted publicly without exception.
Article VII. Finance
Article 76.
The power to levy taxes, borrow money, appropriate funds, issue and regulate the value of coins and currency shall be exercised through the Diet.
Article 77.
No new taxes shall be imposed or existing ones modified except by action of the Diet or under such conditions as the Diet may prescribe.
(2) All taxes in effect at the time this Constitution is promulgated shall continue to be collected under existing regulations until changed or modified by the Diet.
Article 78.
No contract shall be entered into in the absence of an appropriation therefor, nor shall the credit of the State be pledged except as author! zed by the Diet.
Article 79.
The Cabinet shall prepare and submit to the Diet an annual budget setting forth the complete government fiscal program for the next ensuing fiscal year, including all proposed expenditures, anticipated revenues and borrowings.
Article 80.
The Diet may disapprove, reduce, increase or reject any item in the budget or add new items.
(2) The Diet shall appropriate no money for any fiscal year in excess of the anticipated income for that period, including the proceeds of any borrowings.
Article 81.
In order to provide for unforeseen deficiencies in the budget a reserve fund may be authorized to be expended under the direct supervision of the Cabinet.
(2) The Cabinet shall be held accountable to the Diet for all payments from the reserve fund.
Article 82.
All property of the Imperial Household, other than the hereditary estates, shall belong to the nation. The income from all Imperial properties shall be paid into the national treasury, and allowances and expenses of the Imperial Household, as defined by law, shall be appropriated by the Diet in the annual budget.
Article 83.
No public money or property shall be appropriated for the use, benefit or support of any system of religion, or religious Institution or association, or for any charitable, educational or benevolent purposes not under the control of the State.
Article 84.
A final audit of all expenditures and revenues of the State shall be made annually by a board of audit and submitted by the Cabinet to the Diet during the fiscal year immediately following the period covered.
(2) The organization and competency of the board of audit shall be determined by the Diet.
Article 85.
At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of public finances.
Chapter VIII. Local Government
Article 86.
The governors of prefectures, the mayors of cities and towns and the chief executive officers of all other subordinate bodies politic and corporate having taxing power, the members of prefectural and local legislative assemblies and such other prefectural and local officials as the Diet may determine, shall be elected by direct popular vote within their several communities.
Article 87.
The Inhabitants of metropolitan areas, cities and towns shall be secure in their right to manage their property, affairs and government and to frame their own charters within such laws as the Diet may enact.
Article 88.
The Diet shall pass no local or special act applicable to a metropolitan area, city or town where a general act can be made applicable, unless it be made subject to the acceptance of a majority of the electorate of such community.
Chapter IX. Amendments
Article 89.
Amendments to this Constitution shall be Initiated by the Diet, through a concurring vote of two- thirds of all its members, 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 such election as the Diet shall specify.
(2) Amendments when so ratified shall immediately be proclaimed by the Emperor, in the name of the People, as an integral part of this Constitution.
Article X. Supreme Law
Article 90.
This Constitution and the laws and treaties made In pursuance hereof shall be the supreme law of the nation, and no public law or ordinance and no imperial rescript or other governmental act, or part thereof, contrary to the provisions hereof shall have legal force or validity.
Article 91.
The Emperor, upon succeeding to the Throne, and the Regent, Ministers of State, Members of the Diet, Members of the Judiciary and all other public officers upon assuming office, shall be bound to uphold and protect this Constitution,
(2) All public officials duly holding office when this Constitution takes effect shall likewise be so bound and shall remain in office until their successors are elected or appointed.
Chapter XI. Ratification
Article 92.
This Constitution shall be established when ratified by the Diet by roll-call vote of two- thirds of the members present.
(2) Upon ratification by the Diet, the Emperor shall immediately proclaim, in the name of the People, that this Constitution has been established as the supreme law of the nation.