Compare Meiji Draft

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 B)

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

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

Chapter I. The Emperor

Article 1.
(A)
The Emperor of a line unbroken through ages eternal combines in himself the rights of sovereignty, which he exercises according to the provisions of this Constitution.

Article 4. (Delete)

(B)
Japan’s sovereign rights are combined in the Emperor of a line unbroken through ages eternal, who exercises them in accordance with the provisions of this Constitution.

Article 4. (Delete)

(C)
Japan shall be a monarchy headed by the Emperor of a line unbroken through age eternal.

Article X.
The Emperor combines in himself the rights of sovereignty, and he exercises them according to the provisions of this Constitution.

(D)
Japan shall be reigned over by the Emperor of a line unbroken through ages eternal.

Article X.
The Emperor exercises the rights of sovereignty according to the provisions of the Constitution.

Article 3.
(A)

The Emperor shall is responsible to none in exercising the rights of sovereignty.
(Add) The persons of Emperor is inviolable.
(B)
The Emperor is the head of state; he is inviolable.
(C)
The person of the Emperor is inviolable.

Article 4. (See under Article 1 above)

Article 5. (No Revision)

Article 6.
The Emperor gives sanction to laws, and orders them to be promulgated.

Article 7.
The Emperor convokes the National Diet, and orders the opening, closing and prorogation thereof.
(2) The Emperor orders the dissolution of the House of Representatives. But he may not order it dissolved again for the one and same reason.

Article 8.
The Emperor, in the case of an urgent necessity to maintain public safety or to avert public calamities, issues, when the National Diet is not sitting, Imperial Ordinances in the place of law by consulting the Diet Standing Committee.
(2) Such Imperial Ordinances shall be laid before the National Diet at its next session; and when the Diet does not approve them, the government shall declare them to be invalid for the future.

Article 9.
The Emperor issues, or causes to be issued, the Orders necessary to administrative purposes excepting on the matter which under this Constitution are to be determined by law. But no law may be altered by such Order.

Article 10.
The Emperor appoints and dismisses officials of the government.

Article 11. (Delete)

Article 12. (Delete)

Article 13.
The Emperor concludes treaties. But the conclusion of such treaties as relate to the matters which under this Constitution are to be determined by law, or which impose serious obligations upon the State, he shall obtain the approval of the National Diet.
(2) In the cases mentioned in the preceding Paragraph, where there exists an urgent necessity allowing no time for convocation of the Diet, consultation with the Diet Standing Committee shall suffice. In such a case, the treaty shall be submitted for approval to the National Diet at its next session.
(3) A treaty takes the effect of law upon its promulgation.

Article 14. (Delete)

Article 15.
The Emperor awards honors.

Article 16. (No revision)

Article 17. (No revision)


Chapter II. Rights and Duties of the People

Article 18. (No revision)

Article 19.
All Japanese may, according to qualifications determined in laws and ordinances, join civil service equally.

Article 20. (Delete)

Article 21. (No revision)

Article 22.
All Japanese have the liberty of abode and of changing the same.
(2) Such restrictions as are necessary for public interests shall be fixed by law.

Article 23. (No revision)

Article 24. (No revision)

Article 25.
The residence of all Japanese is inviolate. Such restrictions as are necessary for public interests shall be fixed by law.

Article 26.
The secrecy of the letters of every Japanese is inviolate.
(2) Such restrictions as are necessary for public interests shall be fixed by law.

Article 27. (No revision)

Article 28.
All Japanese shall [enjoy the liberty of?] religious belief.
(2) Such restrictions as are necessary for public interests shall be fixed by law.

Article 29.
All Japanese shall enjoy the liberty of speech, writing, publication, public meetings and associations.
(2) Such restrictions as are necessary for public interests shall be fixed by law.

Article 30.
All Japanese may present petitions according to the provisions to the law.

Article 30.2.
All Japanese have the right and obligation to acquire education, as provided for by law.

Article 30.3.
All Japanese have the right and the obligation to work, as provided for by law.

Article 30.4
The liberties or rights of no Japanese, other than those mentioned in the present Chapter, shall be curtailed except as provided for by law.

Article 31. (Delete)

Article 32. (Delete)


Chapter III. The National Diet

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

Article 34.
(A)

The House of Representatives shall be composed of Members elected according to the principles of universal and equal suffrage and of direct and secret voting, as provided for by law.
(B)
The House of Representatives shall be composed of Members publicly elected according to the provisions of the law.
 

Article 35.
(A)

The House of Councillors shall be composed of Members elected publicly, or appointed by the Emperor, according to occupational fields, geographical areas, and learning and experience, as provided for by law.
(B)
The House of Councillors shall be composed of Members elected publicly, or appointed by the Emperor, from among occupational and regional representatives and persons of learning and experience, as provided for by law.
(C)
The House of Councillors shall be composed of Members elected publicly, or appointed by the Emperor, as provided for by law.

Article 36. (No revision)

Article 37. (No revision)

Article 38. (No revision)

Article 39. (No revision)

Article 39.2
A Bill which has been approved in the House of Representatives three times in succession by a majority of more than two-thirds of the total members of the House, and transmitted to the House of Councillors, shall be considered as having been approved by the National Diet regardless of what action the House of Councillors may, or may not, take upon the bill.

Article 40. (No revision)

Article 41. (No revision)

Article 42.
A session of the National Diet shall last not less than three months. The duration shall be fixed by imperial order.
(2) It may, if necessary, be prolonged by Imperial Order or by decision of the Diet.

Article 43.
When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary one.
(2) Members of both Houses may, with the concurrence of more than one-third of the total members of their respective Houses, demand convocation of the Diet.
(3) The duration of an extraordinary session shall be fixed by Imperial Order. It may, if necessary, be prolonged by Imperial Order, or by decision of the Diet.

Article 44.
The opening, closing, prolongation of session and prorogation of the National Diet shall be effected simultaneously for 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 an extraordinary session shall be convoked within three months from the day of dissolution, unless an ordinary session is convoked within the period.

Article 46. (No revision)

Article 47. (No revision)

Article 48.
The Deliberation of both Houses shall be held in public. But they may, by resolution of the House, be held in secret sitting.

Article 49. (No revision)

Article 50. (No revision)

Article 51. (No revision)

Article 52. (No revision)

Article 53.
No member of either House, shall, during a session, be arrested without the consent of his house, except in cases of flagrant delicts, or of offenses connected with a state of internal [commotion?] or with a foreign trouble. Any member, who has been arrested prior to the session shall be set free, if so demanded by his House.

Article 54. (No revision)

Article 54.2
There shall be established in the National Diet a Standing Committee in accordance with the provisions of the Diet Law.


Chapter IV. The Ministers of State

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 that relates to the affairs of the State, require the counter-signature of a Minister of State.
(3) (Add a third Paragraph)
(4) A Minister of State, on whom the House of Representatives has passed a vote of non-confidence, shall not remain in office except in the case of a dissolution of the House.

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

Article 56. (Delete)


Chapter V. The Judicature

Article 57. (No revision)

Article 58. (No revision)

Article 59. (No revision)

Article 60. (No Revision)

Article 61.
(A)
All suits at Law relating to administrative matters shall come within the competency of the Courts, as provided for separately by law.
(B)
(Add a second Paragraph to Article 57)
(2) All suits at law relating to administrative matters shall come within the competency of the Courts, as provided for separately by law.


Chapter VI. Finance

Article 62. (No revision)

Article 63. (No revision)

Article 64. [First Paragraph: No revision, delete Paragraph 2?]

Article 65.
(First paragraph: No revision)
(2) (Add a second Paragraph)
(3) No revision for an increase shall be made by the House of Councillors on a budget transmitted by the House of Representatives.

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, and shall not require the approval of the Diet, except in case an increase thereof is found necessary.

Article 67.
(Delete the following passage: “Those already fixed expenditures based by the Constitution upon the powers appertaining to the Emperor, and”)

Article 68. (No Revision)

Article 69.
(First Paragraph: No revision)
(Add the following Paragraphs):
(2) (Second Paragraph):
In order to apply the Reserve Fund to necessary expenditures that have arisen…[illegible] Diet Standing Committee shall be consulted.
(3) (Third paragraph):
When disbursements are made from the Reserve Fund, the approval of the Diet shall be obtained later.

Article 70.
(First Paragraph): In case there has arisen urgent need for the maintenance of public safety, and when the National Diet cannot be convoked owing to the external or internal condition of the country, the government may, after consultation with the Diet Standing Committee, take all necessary financial measures by means of Imperial Ordinance.
(2) (Second Paragraph): No revision

Article 71.
(A)
(First Paragraph): When the Budget has not been brought into actual existence the government shall draw up and execute a Provisional Budget for a period not exceeding three months and within the limit of the onetwelfth of the Budget for the Preceding year per month. In this case, the government shall speedily compile the Budget for the year excepting the items provided for in the Provisional Budget, and obtain the approval thereto of the Diet.
(2) (Second Paragraph): The Provisional Budget mentioned in the preceding Paragraph, shall be submitted to the Diet for approval.
(B)
(First Paragraph): When the Budget has not been brought into actual existence before the commencement of the fiscal year, the government shall compile a Provisional Budget, as provided for in the Account Law, and execute the same until the Budget is brought into existence.
(2) (Second Paragraph): In the case mentioned in the preceding Paragraph, the National Diet, if not in session, shall be speedily convoked, and the Budget for the year submitted to it.

Article 72. (No revision)


Chapter VII. Supplementary Rules

Article 73.
(First Paragraph): No revision
(2) (Second Paragraph): Members of both houses may with the concurrence of more than one-third of the total members of their respective Houses submit a project for a revision of this Constitution.
(3) (Third Paragraph): In the cases mentioned in the preceding two Paragraphs, 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 members present is obtained.
(4) (Fourth Paragraph): The Emperor gives sanction to amendments to the Constitution and causes the same to be promulgated.

Article 74. (No revision)

Article 75. (No revision)

Article 76. (No revision)