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Constitution of the Empire of Japan (Meiji Constitution)

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.

MATSUMOTO Jōji (Plan A)

Matsumoto Jōji
Tentative Revision of the Meiji Constitution (Plan A)1
January 4, 1946

Source: Charles L. Kades papers, Gordon W. Prange Collection, University of Maryland.

Article 3.
The Emperor is exhalted and inviolable.

Article 6.
The Emperor convokes the Imperial Diet, opens, closes, and prorogues it.
(2) The Emperor dissolves the House of Representatives; but he may not dissolve it over again for the one and same reason.

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. But in so doing, he shall consult the Diet Standing Committee in advance, according to the provision of the Diet Law.
(2) Such Imperial Ordinances are to be laid before the Imperial Diet at its next sessions, 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 Orders necessary for executing the laws, or for accomplishing administrative aims. But no Order shall in any way alter any of the existing laws.

Article 11.
The Emperor has the supreme command of the armed forces. The organization and peace standing of the armed forces shall be determined by law.

Article 12.
The Emperor declares war and makes peace, with the advice and approval of the Imperial Diet.
(2) As regards the provision of the preceding paragraph, in the case of emergency when the conditions at home and abroad allow no time for convocation of the Imperial Diet, prior consultation with the Diet Standing Committee as provided by law shall suffice. But in such a case, the action shall be laid before the Imperial Diet for approval at its next session.

Article 13.
The Emperor concludes various treaties, provided that in order to conclude treaties such as concern the matters that must be determined by law, or that may place a serious burden on the State Treasury, he shall obtain prior approval of the Imperial Diet.
(2) As regards the above provision, in case of emergency similar to that mentioned in Paragraph 2 of the preceding Article, the provision of the said Article shall apply.

Article 15.
The Emperor awards honors.

Article 20.
Japanese subjects are amenable to service, according to the provisions of the law.

Article 28.
Japanese subjects shall, within limits not prejudiced to peace and order, enjoy freedom of religious belief.

Article 31.
All rights and liberties of Japanese subjects, besides those mentioned in the preceding several Articles, shall not be impaired in all circumstances except by law.

Article 32. (Delete)

Article 33.
The Imperial Diet shall consist of two Houses, a House of Councillors and a House of Representatives.

Article 34.
The House of Councillors shall, in accordance with the provisions of the House of Councillors Law, be composed of members elected or appointed by the Emperor.

Article 39.2
A Bill which, after having been passed three times in succession of the House of Representatives by majority of more than two-thirds, is sent to the House of Councillors shall be considered as approved by the Imperial Diet regardless of whether or not it is adopted by the House of Councillors.

Article 42.
A session of the Imperial Diet shall last during a period, not less than three months, as is provided for by the Diet Law. In case of necessity the session may be prolonged by Imperial Order.

Article 43.
When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary session.
(2) The duration of an extraordinary session shall be determined by Imperial Order.
(3) The members of both Houses may, with the concurrence of more than one-third of the total members of their respective Houses, may apply for convocation of an extraordinary session.

Article 44.
The opening, closing, prolongation of the Imperial Diet, shall be effected simultaneously by both Houses.
(2) In case the House of Representatives has been ordered to dissolve, the House of Councillors shall at the same time be closed.

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 Imperial Diet shall be convoked within three months from the day of dissolution.

Article 48.
The deliberations of both Houses shall be held in public. The deliberations may, however, by decision of the respective Houses, be held in secret sitting.

Article 53.
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 offenses connected with internal commotion or foreign trouble. Any member who has been arrested prior to the session shall upon demand of the House be released for the duration of the session.

Article 55.
The respective Ministers of State shall render assistance and advice to the Emperor, and be responsible to the Imperial Diet with respect to all affairs of the State.
(2) All laws, Imperial Ordinances and Imperial Rescripts relating to the affairs of the State require the countersignature of a Minister of State. The same provision shall apply to those relating to the Supreme Command of the armed forces.
(3) In case the House of Representatives has passed a vote of non-confidence against a Minister of State, he shall not remain in office except in the case the House has been dissolved.

Article 55.2
The Cabinet shall be composed of the Ministers of State.
(2) The organization of the Cabinet shall be determined by law.

Article 56.
The Privy Councillors shall deliberate upon important matters of State, when they have been consulted by the Emperor.
(2) The Organization of the Privy Council shall be determined by law.

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.
(3) All cases of administrative litigation shall be under the jurisdiction of the Courts of Law, as provided for separately by law.

Article 61. (Delete)

Article 65.
The Budget shall be first laid before the House of Representatives. A Budget passed by the House of Representatives shall not be amended by the House of Councillors for any increase thereof.

Article 66.
The expenditures of the Inner Court of the Imperial House shall be defrayed every year out of the National Treasury, according to a 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.
Such annual expenditures as may have arisen by the effect of the law, or that appertain to the legal obligation of the Government, shall be neither rejected nor reduced by the Imperial Diet, without the concurrence of the Government.

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 for.
(2) In case disbursements are to be made outside the Budget in order to supply deficiencies, which are unavoidable, in the Budget, or to meet requirements unprovided for in the same, the provision of the preceding Paragraph shall apply.

Article 70.
In case of urgent need for the maintenance of public safety, the Government, when the Imperial Diet cannot be convoked owing to the external and internal condition of the country, may take all the necessary financial measures through an Imperial Ordinance, provided that the Diet Standing Committee shall be consulted in advance according to the provisions of the Diet Law.
(2) In the case mentioned in the preceding Paragraph, the matter shall be submitted to the Imperial Diet at its next session, and its approval thereon shall be obtained.

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 compile a provisional Budget according to the provisions of the Account Law, and carry it out until the regular Budget is brought into existence.
(2) In the case mentioned in the preceding Paragraph, the Imperial Diet, if not in session, shall be speedily convoked, and the Provisional Budget shall be submitted to it for approval.

Article 73.
When it has become necessary to amend the provisions of the present Constitution, a project to that effect shall be submitted to the Imperial Diet by Imperial Order.
(2) Members of both Houses may with the concurrence of not less than one half of the total members of their respective Houses, propose deliberation on the project.
(3) In the case mentioned in the preceding two Paragraphs, neither House may open the debate, unless not less than two-thirds of the whole number of Members are present; and no amendment may be passed, unless a majority of not less than two-thirds of the Members present is obtained.
(4) The Emperor approves the amendments to the Constitution passed by the Imperial Diet, and orders the promulgation and enforcement thereof.

Article 75. (Delete)

Supplementary Rules
The Orders currently in force, which specify matters to be determined by law under the provision of the present Constitution, shall remain valid until they are repealed or revised.
(2) Of the present amendments to the Constitution, those under Articles 8, 12, 13, 33, 34, 39.2, 52, 54, 55.2, 56, 57, 61, 66, 69, 70, and 71, shall not come into effect until the necessary laws and order are promulgated and enforced and the provisions of the old laws shall meanwhile remain in force.