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.
Constitutional Investigation Committee Provisional Draft Published in the Mainichi Shimbun (February 1, 1946)
Constitutional Investigation Committee Provisional Draft Published in the Mainichi Shimbun1
February 1, 1946
Source: Charles L. Kades papers, Gordon W. Prange Collection, University of Maryland.
Chapter I. The Emperor
Article 1.
Japan is a monarchy.
“Absolute in light of remaining provisions.”
Article 2.
The Emperor is the monarch and exercises the rights of sovereignty according to provision of present constitution.
Article 3.
Imperial Throne shall be succeeded to by Imperial male descendants unbroken for ages eternal according to the provisions of the Imperial House Law.
Article 4.
The Emperor assumes no responsibility for his actions.
(One possible rendition of this reads “The Emperor shall not be punished for his actions”)
Article 5. (Same as present constitution)
The Emperor exercises the legislative power with the consent of the Imperial Diet.
Article 6. (Unchanged)
The Emperor gives sanction to laws and order them to be promulgated.
Leaves Emperor free to act without controls.
Article 7.
The Emperor shall convene the Diet and he shall order the opening, closing and prorogation of the Diet session and he shall order the dissolution of the Diet.
(Without control)
Article 8.
The Emperor in consequence of the need for the maintenance of public safety or to avoid public calamities, issues, with the approval of the Diet Deliberation Committee, Imperial Ordinances in place of law, and this Imperial Ordinance shall be submitted to the following Diet Session. If not approved by the Diet they shall become invalid for the future and this must be published (so as to inform) the public.
Article 9.
The Emperor issues or causes to be issued ordinances necessary for carrying out of the law. However, he cannot order the change of a law.
Article 10.
The Emperor determines the organization of all branches of administration and the salaries, appointments and dismissal of all civil officials. However, in special cases that apply to this constitution or other laws they will be determined by the respective articles (bearing thereon).
Acts clearly as the Executive. Absolute executive power.
Article 11. (Deleted)
This article stated that the Emperor has supreme command of the Army and Navy.
Article 12. (Deleted)
This article in the present constitution states that the Emperor determines the organization and peace standing of the Army and Navy.
Article 13.
The Emperor concludes treaties but treaties which concern matters which must be regulated by law and treaties which place important responsibilities upon the state require the approval of the Diet.
(2) The Emperor orders the promulgation and execution of treaties.
(3) Treaties become effective as laws with promulgation.
(No control by Cabinet)
Article 14.(Deleted)
This article states that the Emperor declares a state of siege.
Article 15.
The Emperor confers marks of honor.
Article 16. (Unchanged)
The Emperor orders amnesty, pardon, commutation of punishment and rehabilitation.
(Executive Power)
Article 17. (Unchanged)
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. (Unchanged)
The condition necessary for being a Japanese subject shall be determined by law.
Article 19.
Japanese subjects are equal before the law. Japanese subjects may according to the qualifications determined in laws and ordinances, be appointed to civil or other public offices without discrimination.
Article 20.
Japanese subjects are eligible for honorary appointments and other public offices according to provisions of the law.
Article 21. (Unchanged)
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 as well as the liberty of occupational choice.
(2) Restrictions required for public welfare shall be determined by law.
Article 23. (Unchanged)
No Japanese subject shall be arrested, detained, tried or punished, unless according to law.
Objections
No right of habeus corpus
Article 24. (Unchanged)
No Japanese subject shall be deprived of his right of being tried by the judges determined by law.
No protection for accused person.
Article 25.
No Japanese subject shall have his residence invaded and the restriction necessary to maintain public peace shall be under the provision of the law.
Article 26.
Any Japanese subject shall not be violated as regards privacy of personal correspondence, and the restrictions necessary to maintain public peace shall be under the provisions of the law.
No guarantee of speedy trial.
Article 27. (Unchanged)
The right of property of every Japanese subject shall remain inviolate.
No protection against forcible self incrimination.
Article 28.
Every Japanese subject shall have freedom of religious belief and the restrictions necessary to maintain public peace shall be under the provisions of the law.
No protection to other persons than Japanese subjects.
Article 29.
Every Japanese subject shall have freedom of speech, writing, publishing, meeting and association and the restrictions necessary to maintain public peace shall be under the provisions of the law.
All provisions are subject to being negate by “law” etc.
Article 30.
Every Japanese subject shall be allowed to petition under the provisions of the law.
(2) Every Japanese subject shall have the right and duty to receive education under the provisions of the law.
(3) Every Japanese subject shall have the right and duty of labor under the provisions of the law.
(4) Every Japanese subject shall not have his freedom and right invaded without recourse to law except on the matters mentioned in this chapter.
No absolute freedom of speech, religion, etc.
Article 31. (Deleted) States that 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 national emergency.
Article 32. (Unchanged)
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 disciplines of the Army and Navy, shall apply to the offices and men of the Army of the Navy.
Chapter III. The Imperial Diet
Article 33.
The Imperial Diet shall consist of two Houses; the House of State Councillors (Sangi in) and the House of Representatives.
Article 34.
The House of State Councillors shall be organized by the members elected by every local deliberative assembly and the members who are the representatives of various occupations under the provisions of the House of State Councillors Law.
Article 35.
The House of Representatives shall be organized by the members elected in accordance with the fundamental principles of liberty, equality, fairness and secrecy under the provisions of the Election Law.
“With regulatory power vested in the Home Ministry.”
Article 36. (Unchanged)
No one can at one and the same time be a Member of both Houses.
Article 37. (Unchanged)
Every law requires the consent of the Imperial Diet.
“No provision for executive veto - may be a negative power when read with Article 40.”
Article 38. (Unchanged)
Both Houses shall vote upon projects of law submitted to it by the Government, and may respectively initiate projects of law.
Article 39. (Unchanged)
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. (Unchanged)
Both Houses can make representations to the Governments, 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.
Wholly inconsistent with Article 37.
Article 41. (Unchanged)
The Imperial Diet shall be convoked every year.
Indefinite.
Article 42.
The Imperial Diet shall have a session of three months. If necessary, the session shall be prolonged through an Imperial Ordinance or decision of each House.
Article 43.
If extraordinarily and urgently necessary, in addition to a regular session, an extraordinary session shall be convoked.
(2) Both Houses shall be allowed to ask convocation of an extraordinary session through agreement of more than one third of the members of each House.
“Merely right of petition.”
Amounts to a concurrent power with the Emperor to prolong session.
Article 44. (Unchanged)
The opening, closing, prolongation of session and prorogation of the Imperial Diet, shall be effected simultaneously for both Houses.
(2) If one House should be ordered to be dissolved the other one shall be naturally closed.
No provision for dissolution of the Diet.
Article 45.
If the House should be ordered to be dissolved, its members shall be immediately changed and an extraordinary session shall be convoked within three months from the day of dissolution.
(2) This rule, however, shall not be applicable when a regular session is convoked during that period.
Article 46. (Unchanged)
No debate can be opened and no vote can be take in either House of the Imperial Diet, unless not less than one third of the whole number of the Members thereof is present.
One third constitutes quorum.
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. (“Demand of the Government” is Deleted)
The deliberations of both Houses shall be held in public. The deliberations may, however, by resolution of the House, be held in secret sitting.
Article 49. (Unchanged)
Both Houses of the Imperial Diet may respectively present addresses to the Emperor.
Article 50. (Unchanged)
Both Houses may receive petitions presented by subjects.
Article 51. (Unchanged)
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. (Unchanged) 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 member 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 a state of internal commotion or with a foreign trouble.
(2) (Addition) Members arrested prior to opening of session may be released during the session when requested by the House.
Article 54.
The Minister of State and the Delegates of the Government may, at any time, take seats and speak in either House.
(2) The Investigation Committee of the Imperial Diet shall be established in the Imperial Diet under the provisions of the Parliamentary Law.
(3) The Investigation Committee of the Imperial Diet shall be organized by the members of both Houses.
(4) Even if every committeeman should lose his post as a member of the Diet on account of the expiration of this term of office or dissolution, he shall continue his duty till the successor takes up his post.
Chapter IV. The Minister of State and the Privy Council
Article 55.
Every state minister shall give his advice to the Emperor and be responsible for him.
(2) (Unchanged) All laws, Imperial Ordinances and Imperial Rescripts of whatever kind, that relate to the affairs of the State, require the counter-signature of a Minister of State.
(3) Every state minister shall need the confidence of the Imperial Diet on his being in office. If one House should decide the want of confidence in any state minister, the government shall be allowed to petition to the Emperor to dissolve that House. However, if that House should decide the want of confidence in him again at the next session, the state minister shall retire from office.
Gets up an invincibility of Ministers. Gives Emperor sole power to dissolve the Diet.
Article 56.
All the state ministers shall organize a cabinet.
(2) The system and official powers shall be fixed by the law.
Chapter V. Judicature
Article 57. (Unchanged)
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. (Unchanged)
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.
No safeguards for independent judiciary.
Article 59. (Unchanged)
Trials and judgements 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 provision of law or by the decision of the Court of Law.
Article 60. (Unchanged)
All matters that fall within the competency of a special Court shall be specially provided for by law.
Article 61.
Every law suit against any administrative government office for infringement on rights by illegal measures or any other law suits concerning administrative affairs shall fall under the jurisdiction of a judicial court.
Chapter VI. Finance
Article 62. (Unchanged)
The imposition of a new tax or the modification of the rates (on 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.
The raising of national loans and the contracting of other liabilities to the charge of National Treasury, except those that are provided in the Budget, shall require the consent of the Imperial Diet.
Article 63. (Unchanged)
The taxes levied at present shall, in so far as they are not remodeled by a new law, be collected according to the old system.
Article 64. (Unchanged)
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. (Unchanged)
The Budget shall be first laid before the House of Representatives.
(2) If the House of Representatives should remove or eliminate any article or item of the budget, the House of State Councillors shall not be allowed to restore it.
Article 66.
The expenses of the Imperial Court shall be paid out of the Treasury every year at the especially fixed constant sum, and approval of the Imperial Diet shall be unnecessary except where the increase of the sum be necessary.
Article 67.
“The determined annual expenditure based on constitutional sovereignty” is eliminated.
Article 68. (Unchanged)
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. (Unchanged)
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.
(2) Where a reserve fund be appropriated for necessary expenditure other than by the budget, a debate at the Investigation Committee of the Imperial Diet shall be necessary.
(3) If a reserve fund should be paid, it shall be necessary to ask approval of the Imperial Diet later.
Article 70.
“Through the debate of the Investigation Committee of the Imperial Diet” is added after “If impossible.”
Article 71.
If the budget should fall to secure Parliamentary approval within the fiscal year, the government shall make a temporary budget with the period of 3 months within the limits of the budgets of the preceding fiscal year under the provision of the Financial Law and enforce it. In the case of the preceding item if the Imperial Diet should be out of session, the government shall immediately convoke a session and submit the budget which is removed the part concerning the period of that fiscal year fixed in the preceding item. If the budget fixed in the preceding item should fail to secure Parliamentary approval within the period fixed in Item 1, the Government shall make and enforce a temporary budget according to Item 1. The rule of the preceding item shall be applicable correspondingly to this case.
Provision negatives the authority of the Diet to establish the budget.
Article 72. (Unchanged)
The final account of the expenditures and revenue of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government of the Imperial Diet, together with the report of verification for the said Board.
(2) The organization and competency of the Board of Audit shall be determined by law separately.
Chapter VIII. Supplementary Rules
Article 73. (Unchanged)
When it has become necessary in future to amend the provisions of the present Constitution, a project to the effect shall be submitted to the Imperial Diet by Imperial Order.
(2) The members of both Houses shall be allowed to propose a revision of the Constitution through agreement of more than one third of all the members of each House.
(3) Both Houses shall not be allowed to debate on the revision of the constitution, if more than two thirds of the members of each House should not be present. Both Houses shall not be allowed to decide the revision if more than two thirds should not agree.
(4) The Emperor shall sanction the revision of the constitution decided at the Imperial Diet and order its promulgation and enforcement.
Leaves absolute power of constitution revision in the hand of the Emperor as he alone can submit proposed revisions to the Diet. Should it fail to pass measure the Emperor still has the power by Imperial Ordinance.
Article 74. (Unchanged)
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. (Unchanged)
No modification can be introduced into the Constitution, or into the Imperial House Law, during the time of a Regency.
Article 76. (Unchanged)
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 order, that entail obligations upon the Government, and that are connected with expenditure, shall come within the scope of Ar. 67.