Atarashii Kenpō o Tsukuru Kokumin Kaigi (2012)
新しい憲法をつくる国民会議 (Alternate name: Jishu Kenpō Seitei Kokumin Kaigi)
The people of Japan, in sympathy with our Emperor who is the symbol of Japanese culture and tradition, have induced no fractures of the state even whilst overcoming numerous trials and tribulations, building a peerless and particular history. Namely, we reject an ideology that takes a combative and conquering approach to nature, but seek instead to cultivate a national character that disdains conflict, where humans live in harmonious coexistence with nature as well as with one another; at the same time, we have employed an enterprising disposition in adopting other nations’ cultures and adapting it to create our own unique one.
We deeply love our native land and the everlasting goodness of its traditions, and wield a dignified, independent spirit in our duty to protect our homeland and compatriots; at the same time, we take a true democracy that aims to balance liberty and equality along with rights and duties as the basis of realizing a welfare society of just vitality that respects the family and esteems propriety, and which is, further, a sustainable society that bears in mind the happiness of future generations.
With the above we shall work to resolve, with justice and order, the myriad problems borne by the world, and in order to achieve an eternal peace for the entire world where all its peoples coexist harmoniously, in which the earth’s environment may also be fairly preserved; we shall play an active role for these ends in cooperation with the various peoples of the world. While we take pride in having accomplished, by the people’s own hands, the historical work of creating a Constitution, we remain fully apprised of the responsibilities that accrue thereby, and we hereby swear to exert all our efforts in becoming one with the people in working towards the independence and glory of the country of Japan, as well as for the peace of the world.
Chapter I. The Emperor
Article 1. (Status of the Emperor)
The Emperor is the head of state of Japan.
(2) The Emperor is the representative of Japan and the Japanese people to the outside world, as well as the symbol of Japanese tradition, culture, and unity of the people.
Article 2. (Imperial Succession, Reign Name)
The Imperial Throne shall be dynastic and succeeded to by a member of the imperial line in accordance with the Imperial House Law recognized by the Diet.
(2) The Imperial Reign Name shall be decided upon succession to the Imperial Throne.
Article 3. (Principles on Matters of State)
The Emperor shall perform acts in matters of state as are provided for in this Constitution.
(2) The Emperor shall perform acts in matters of state with the advice and approval of the Cabinet. The Cabinet shall be responsible for acts in matters of state by the Emperor.
(3) The Emperor may, in accordance with the Imperial House Law, delegate acts in matters of state to persons with the status of successors.
Article 4. (Regency)
Where the Emperor is not come of age, or where in accordance with the Imperial House Law, a Regency may be established. The Regent shall perform their acts in matters of state in the Emperor's name.
(2) Acts performed by the Regent are subject, mutatis mutandis, to the stipulations in paragraph two of the preceding article.3
Article 5. (Appointment Rights of the Emperor)
The Emperor shall, based on nominating the Diet, appoint the Prime Minister.
(2) The Emperor shall, based on nominating the Cabinet, appoint the Chief Justice of the Supreme Court.
(3) The Emperor shall, based on nominating the Cabinet, appoint the Chief Justice of the Constitutional Court.
Article 6. (Details of Acts of State)
The Emperor shall perform the following acts in matters of state.4
1. Receiving foreign ambassadors and ministers.
2. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
3. Affixation of personal signatures to and awarding of full powers and credentials to Ambassadors and Ministers, based on nomination by the Cabinet.5
4. Promulgation of the constitution, laws, cabinet orders and treaties.
5. Convocation of the Diet.
6. Dissolution of the Diet.6
7. Proclamation of general election of members of the Diet.
8. Attestation of the appointment and dismissal of Ministers of State and other government employees as provided for by law.
9. Attestation of amnesty, commutation of punishment, and restoration of rights.
10. Awarding of honors.
11. Performance of ritual and ceremonial functions.
Article 7. (Equivalent Acts of State of the Emperor)
Aside from the acts of state stipulated in the preceding article, all acts necessary to the Emperor being the representative of Japan and the Japanese people to the outside world, as well as the symbol of Japanese tradition, culture, and unity of the people, shall be deemed equivalent to acts of state.
Article 8. (Property of the Imperial House)
The property of the Imperial House belongs to the national treasury. All expenses related to the Imperial House must be calculated in a budget bill and submitted to authorization by the Diet.
Chapter II. Rights and Duties of the People
Article 9. (Conditions of National Citizenship)7
Japanese nationals shall be persons with Japanese nationality. The conditions necessary for acquiring Japanese nationality shall be determined by law.
Article 10. (Enjoyment of Fundamental Human Rights)
All of the people enjoy fundamental human rights. The rights secured by this Constitution for the people are inviolable and entrusted to us.
(2) These fundamental human rights guaranteed to the people by this Constitution shall be applied to foreign nationals as provided by law.
Article 11. (Respect for Individuals, Freedom and Rights - Duty of Prohibiting Abuse and Proper Exercise Thereof)
All of the people shall be respected as members of society.8
(2) The fundamental human rights that this Constitution guarantees to the people shall not be restricted by law except to the extent necessary for securing the fundamental human rights of others, protecting constitutional order, and maintaining public life.9
(3) The people shall refrain from any abuse of the freedoms and rights secured by this Constitution and shall always be responsible for utilizing them for the general welfare.
Article 12. (Equality before the Law)
All of the people are equal before the law, and there shall be no irrational discrimination against them for reasons of race, creed, sex, social status, family origin, or mental and physical disability.
(2) No privilege shall accompany any award of honor, decoration or any distinction. However, this shall not apply to the provision of a pension and other economic benefits as provided for by law.
Article 13. (Moral Rights)
Honor, trust and other moral rights are guaranteed.
(2) All have the right to be free from arbitrary interference in their private affairs.
(3) The secrecy of any means of communications is guaranteed.
Article 14. (Freedom of Thought and Conscience)
Freedom of thought and conscience are guaranteed.
Article 15. (Freedom of Religion)
Freedom of religion is guaranteed to all.
(2) No person shall be compelled to take part in any religious act, celebration, rite or practice.
(3) The State and its organs shall refrain from maintaining relations with particular religious orders in excess of the bounds of social courtesy.10
(4) No religious organization shall receive any privileges from the State, nor exercise any political authority.
Article 16. (Academic Freedom)11
Academic freedom is guaranteed.
Article 17. (Freedom of Expression)12
Freedom of speech, press and all other forms of expression are guaranteed.
(2) No censorship shall be maintained.
Article 18. (Right to Know)
All citizens, to the extent that national security, public order and individual dignity are not infringed upon, have the right to acquire information from publicly available sources.
Article 19. (Freedom of Assembly and Association)
Every person has the freedom of assembly and association. However, associations which engage in specific activities to the detriment of constitutional order, or which aim to infringe on the people’s various rights are prohibited.
(2) No person shall be compelled to take part in any association against their will.
Article 20. (Freedom to Choose and Change Residence, Move to Foreign Countries, Divest Nationality, Prohibition on Deportation)
Every person has the freedom to choose and change their residence.
(2) All of the people are guaranteed the freedom to move to a foreign country and to divest themselves of their nationality.
(3) None of the people may, without due cause, be divested of their nationality, exiled, or delivered to a foreign government as a criminal.
Article 21. (Freedom of Occupation and Business)
All have the freedom to choose their occupation and business.
Article 22. (Freedom of and Right to Private Property)
Every person has the freedom of and right to own or hold property.
(2) Property rights shall be defined by law, in conformity with the public welfare.
(3) Private property may be taken for public use upon due compensation therefor.
(4) The State shall protect agriculture and guarantee the livelihood of agricultural homesteads.13
Article 23. (Obligation towards Family Household Management and Marriage, National Duty of Protecting Respect for Families)14
The family household is the most fundamental unit of society. All respectively bear responsibility for managing the family household to which they belong.
(2) Marriage shall be based on the mutual consent of both sexes and maintained through mutual cooperation with the equal rights of husband and wife as a basis.
(3) The State shall respect and protect the family household.
Article 24. (Right to Live, Social Mission of Nation)
All people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) Based on respect for each person’s character, the State shall use its endeavors for the promotion and extension of social welfare and security.15
(3) As related to the preceding paragraph, government shall render special consideration towards the mentally and physically disabled, the elderly, expectant and nursing mothers, and single-mother families.
(4) The State shall use its endeavors for the promotion and extension of public health.
Article 25. (Duty of Promoting Science, Art and Culture)
The State shall endeavor to promote science, art and other cultural forms.
Article 26. (Environmental Rights and Responsibilities)
Every person, while having the right to enjoy a good environment, bears the responsibility to maintain it and to pass it down to future generations.
(2) The State shall endeavor to maintain and improve a good environment.
Article 27.(Right to Education, Healthy Raising of Children and Minors, Social Mission of Nation)
All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
(2) All people shall be obligated to have all children and minors under their protection receive ordinary education as provided for by law. Such compulsory education as provided for by law shall be free.
(3) The State shall strive to promote the morals, intelligence, and physical fitness of children and minors, determining the contents of their education and making other special considerations in view of promoting their healthy development.
(4) Children and minors shall not be exploited.
Article 28. (Right of Workers to Organize)
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 29. (Security of Appropriate Measures, No Punishment Without Law, Prohibition on Ex-Post Facto Law, Double Jeopardy)
No person shall be deprived of life or have their liberty restricted, nor shall any other criminal penalty be imposed, nor any sort of disadvantage be conferred, for an act that was lawful at the time it was committed, and according to procedure established by law.16
(2) No person shall be held liable under criminal law for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy.17
Article 30. (Prohibition on Inhumane Punishment and Treatment)
No person shall receive torture or any other sort of inhumane punishment or treatment.
Article 31. (Requirements for the Exercise of Public Office, Rights and Duties of Choosing and Dismissing Public Officials, Security of Indirect and Direct Popular Vote, Security of Voter Secrecy, Disposition of Public Officials)
Public officials must be Japanese nationals.18
(2) The people have the inalienable right to choose their members of the Diet, local public entities and members of their boards, as well as to dismiss public officials unfit for office; moreover, the use of this right is their duty as citizens.
(3) Universal adult suffrage is guaranteed with regard to the indirect and direct popular vote of public officials.19
(4) In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.
(5) All public officials are servants of the whole community of the people.20
(6) Regarding the rights and functions of public officials, there shall be no interference in applying the minimum necessary amount of restrictions to their rights, or aggravations to their obligations, according to the character of their office.
Article 32. (Right to Petition)21
Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, amendment or repeal of laws, ordinances or regulations and for other matters.
(2) No person shall in any way be discriminated against for sponsoring such a petition, nor shall they suffer any disadvantage.
Article 33. (Redress Obligations of the State and Local Public Entities)
Every person may sue for redress as provided by law from the State or a public entity in cases where they have suffered damage through the illegal acts of any public official.
Article 34. (Duty of Observing Law)
The people shall bear the duty of faithfully observing the Constitution and the law.
Article 35. (Duty of Taxpaying)22
The people shall be liable to taxation as provided by law.
Article 36. (Duty of National Defense)
The people shall bear the duty of defending the country.
Article 37. (Duty of Cooperation in National Emergencies)
All of the people, when a state of national emergency is declared as stipulated in Article 78, shall bear the duty of following orders from the Cabinet and cooperating with Cabinet activities.
Article 38. (Duty of Protecting Public Property)
The people shall bear the duty of protecting cultural properties and other public property.
Chapter III. The Diet
Article 39. (Status of the Diet, Legislative Power)
The Diet shall be independent of the executive, judiciary and all other state organs; as the representative office of the people, it shall have the right to wield legislative power, pass budget bills, administer state government and other functions as provided for in the Constitution and by law.
Article 40. (Formation of the Diet)
The Diet shall consist of a single House whose members are directly elected by popular vote of the people.23
Article 41. (Diet Members’ Representativeness of All People)
Members of the Diet shall be representatives of all the people, and must perform their office with the benefit of all the people in mind.
Article 42. (Qualifications of Diet Members and Electors)
The qualifications of members of the Diet and their electors shall be fixed by law.
Article 43. (Matters Pertaining to the Election of Diet Members, Establishment of Third-Party Organs)
Electoral districts, method of voting and other matters pertaining to the method of election of members of the Diet shall be fixed by law. However, in order to draft protocol for electoral law, an impartial third-party organ must be established as provided for by law.24
Article 44. (Terms of Office for Diet Members)
The term of office of members of the Diet shall be four years. However, the term shall be terminated before the full term is up in case the Diet is dissolved.
(2) The term of office of members of the Diet may be extended by Diet authorization during a state of emergency, in cases of such emergencies where holding general elections for members of the Diet is unsuitable.
Article 45. (Oath of Office for Diet Members)
Members of the Diet must take the following oath on assuming their office:
“I swear that I shall respect and defend the Constitution and the law, that I shall accept no donations or engagements from anyone concerning my office, and that I shall strive with utmost effort in endeavoring to promote the development of the country and the felicity of the people.”
(2) Anyone who refuses to take the oath or who takes it conditionally shall be deemed to have relinquished their position as a member of the Diet.
Article 46. (Disqualification of Diet Members)
Members of the Diet shall forfeit their positions for the following reasons:
1. Directly or indirectly leasing or purchasing public property.
2. Directly or indirectly making contracts with the State or its organs in the areas of construction agreements, goods requirements, or any other contract prohibited by law.
3. Assuming executive or legal consultant positions at for-profit companies which have contract relationships with the State or its organs.
4. Assuming attorney or counsel positions in lawsuits associated with the State.
5. Entering negotiations concerning affairs which are the responsibility of the State or its organs for the purpose of a third party’s benefit, or compelling the performance of such negotiations.
6. Absence without due cause from more than one-third of meetings when the Diet is in session.
Article 47. (Annual Payment of Diet Members)
Members of the Diet shall receive appropriate annual payment from the national treasury in accordance with law.
(2) The amount of remuneration may be increased or decreased according to Diet authorization. However, authorizations of increases require a majority vote of two-thirds of members present, and shall take effect after general elections for members of the successive Diet.
Article 48. (Immunity from Arrest of Diet Members)25
Members of the Diet shall not be apprehended when the Diet is in session, excepting cases provided for by law.
(2) Members of the Diet apprehended before the start of a session must be released if so requested by the Diet.
Article 49. (Exemption of Responsibility for Statements and Votes)26
Members of the Diet shall not held be responsible outside the Diet for statements, debates and votes made inside the Diet.
Article 50. (Ordinary Sessions)27
Ordinary meetings of the Diet shall be convened twice annually.
Article 51. (Extraordinary Sessions)
The Cabinet may determine to convoke extraordinary sessions of the Diet.
Aside from the preceding paragraph, when a quarter or more of all members of the Diet makes the demand, the Cabinet must determine the convocation of an extraordinary session.
Article 52. (Dissolution of the Diet, Special Sessions)
When the Diet is dissolved, there must be a general election of members of the Diet within forty (40) days from the date of dissolution, and the Diet must be convoked within thirty (30) days from the date of the election.28
Article 53. (Examination of Qualification Disputes)29
The Diet shall judge disputes related to qualifications of its members.
In order to divest any member of their seat, it is necessary to pass a resolution by a majority of two-thirds or more of the members present.
Article 54. (Quora and Resolutions)30
Business cannot be transacted in the Diet unless one-third or more of its total membership is present.
(2) All Diet matters shall be decided by a majority of those present, except as elsewhere provided in the Constitution, and in case of a tie, the presiding officer shall decide the issue.
Article 55. (Public Availability of Proceedings, Closed-Door Sessions, Minutes of Proceedings, Records of Resolutions)31
Deliberation in the Diet shall be public.
(2) Regardless of the preceding paragraph, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor.
(3) The Diet shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy.
(4) Upon demand of one-fifth or more of the members present, votes of members on any matter shall be recorded in the Diet Records.
Article 56. (Selection of Officials, Diet Regulations, Punishments)
The Diet shall designate its own president and other officials.
(2) The Diet shall establish its rules pertaining to meetings and proceedings, and may punish members for disorderly conduct or for conviction in a criminal trial.
(3) Regarding the preceding paragraph, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.32
Article 57. (Passage of Bills)
A bill shall be passed by a quorum of one-quarter or more of all members of the Diet or by the Cabinet.33
(2) A bill becomes a law on passage by the Diet, except as otherwise provided by the Constitution.
Article 58. (Passage of Budget Bills)
A budget bill becomes an approved budget on passage by the Diet.34
Article 59. (Passage of Treaty Approvals)
The preceding article applies also to the Diet approval required for the conclusion of treaties.35
Article 60. (Right to Investigation of Government)
The Diet may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records.
Article 61. (Right and Duty of Diet Attendance for Ministers of State)
The Prime Minister and other Ministers of State may, at any time, appear in the Diet for the purpose of speaking on bills, regardless of whether they are members of the House or not.
(2) The Prime Minister and other Ministers of State must appear in the Diet when their presence is required in order to give answers or explanations except in cases provided for by law.36
Article 62. (Impeachment Courts)
The Diet shall set up an impeachment court composed of members of the Diet for the purpose of trying those judges from the judicial courts and the Constitutional Court against whom removal proceedings have been instituted.
(2) Matters relating to impeachment shall be provided by law.37
Chapter IV. The Cabinet
Article 63. (Status of the Cabinet, Executive Power)
Executive power shall be vested in the Cabinet.
(2) The Cabinet shall wield executive power based in the law.
Article 64. (Organization of the Cabinet)
The Cabinet shall consist of the Prime Minister and other Ministers of State, as provided for by law.38
(2) The Prime Minister shall command the Ministers of State.
(3) The Prime Minister and other Ministers of State must not hold current affiliations with the national defense forces.39
(4) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.
(5) Cabinet resolutions shall require a majority. Should the Prime Minister oppose the Cabinet, their consent to the latter’s resolutions shall still be assumed unless they resign.
Article 65. (Designation of the Prime Minister)
The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business.
Article 66. (Appointment and Removal of Ministers of State)40
The Prime Minister shall appoint the Ministers of State. A majority of their number must be chosen from among the members of the Diet.
(2) The Prime Minister may, as he chooses, remove the Ministers of State.
Article 67. (Acting Deputy of the Prime Minister)
Concurrent to the establishment of the Cabinet, the Prime Minister must designate a Minister of State to carry out their functions as the acting Prime Minister in cases where they are incapacitated or there is a vacancy in the post of Prime Minister.
Article 68. (Oath of Office for Ministers of State)
The Prime Minister and other Ministers of State shall take the following oath on assuming their office:
“I swear that I shall devote myself to the utmost in performing my functions for the promotion of Japan’s development and the felicity of the Japanese people, and to respect and defend the Constitution and the law.”
Article 69. (Limits on Acts by Ministers of State)
The Prime Minister and other Ministers of State, during their term, must not engage in any sort of acts that injure the dignity of their office, or that require disqualification as specified in paragraphs 1 and 5 of Article 46.
Article 70. (Effect of Non-Confidence Resolution on Cabinet)41
If the Diet passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days.42
(2) Confidence and non-confidence resolutions on the Cabinet may only be carried out after forty-eight (48) hours of the resolution’s submission to the Diet.
Article 71. (Absence of Prime Minister, Convocation of New Diet and Resignation En Masse of Cabinet)
When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Diet after its dissolution, the Cabinet shall resign en masse.43
Article 72. (Cabinet After Resignation En Masse)
In the cases mentioned in the preceding article and in paragraph one of Article 70, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.
(2) In the case of the preceding paragraph, the Cabinet may not dissolve the Diet.
Article 73. (Functions of the Prime Minister)
The Prime Minister, representing the Cabinet, submits bills and other measures, and reports on general national affairs and foreign relations to the Diet.44
Article 74. (Presiding Rights of the Prime Minister)
The Prime Minister shall preside over various administrative branches.45
Article 75. (Functions of the Cabinet)46
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
1. Administer the law faithfully; preside over and manage administrative functions.
2. Manage foreign affairs.
3. Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
4. Administer the civil service, in accordance with standards established by law.
5. Prepare the budget and present it to the Diet.
6. Enact cabinet orders in order to execute the provisions of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
7. Decide on amnesty, commutation and reprieve of punishment, and restoration of rights.
8. Decide on the conferring of honors.
Article 76. (Signing of Laws and Cabinet Orders)
All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister.
Article 77. (Principles of Public Access to Administrative Information)
Administrative information shall fundamentally belong to the people.
(2) The Cabinet shall make information from the various administrative organs they preside over public, except in the following cases:
1. When there is risk of a threat to national security.
2. When there is risk of damage to public order.
3. When there is risk of damage to public morals.
4. When there is risk of defamation of parties concerned, or damage to their private interests.
(3) Procedures concerning public access to administrative information shall be provided by law.
Article 78. (National States of Emergency)
The Prime Minister may declare a state of emergency and issue emergency orders thereof in cases of threats to national independence and security, or to people’s livelihoods, bodies and property. However, emergency orders must have a limited duration.
(2) In the case of the preceding paragraph, the declaration of a national state of emergency and emergency orders require preceding authorization from the Diet, or consequent authorization thereof depending on the circumstances.
(3) The Cabinet may effect emergency measures on taxation and other dues requiring urgent imposition, and the pricing of government-monopoly items or currency. However, following the promulgation of these measures, Diet authorization must be obtained within one week of its session, or during the next session after the closure or dissolution of a Diet session.
Article 79. (Legal Action Against Ministers of State)
The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.
Chapter V. The Courts
Article 80. (Status of Courts, Judicial Powers)
The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
Article 81. (Trials by Executive Organs)
No organ or agency of the Executive, except in cases provided by the Constitution, shall be given final judicial power. However, this shall not preclude the establishing by law of administrative courts with jurisdiction over preliminary trials for special persons or incidents.
Article 82. (Independence of Judges, Guarantee of Status)
All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
(2) Judges shall not be removed unless by public impeachment unless judicially declared mentally or physically incompetent to perform their official functions. No disciplinary action against judges shall be administered by any executive organ or agency.47
Article 83. (Supreme Court Judges, Terms, Retirement, Remuneration)
The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law.48
(2) Judges for the Supreme Court excepting the Chief Judge shall be appointed by the Cabinet.
(3) All such judges shall hold office for a term of ten (10) years with privilege of reappointment.49
(4) All such judges shall be retired upon the attainment of the age as fixed by law.
(5) All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 84. (Inferior Court Judges, Terms, Retirement, Remuneration)50
The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court.
(2) All such judges shall hold office for a term of ten (10) years with privilege of reappointment,
(3) All such judges shall be retired upon the attainment of the age as fixed by law.
(4) All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 85. (Rule-Making Power of Supreme Court)
The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs.
(2) Public procurators shall be subject to the rule-making power of the Supreme Court.
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.
Article 86. (Public Access to Trials)
Trials shall be conducted and judgment declared publicly.
(2) A court may determine, in the following cases, that a trial be conducted privately:
1. When there is risk of a threat to national security.
2. When there is risk of damage to public order.
3. When there is risk of damage to public morals.
4. When there is risk of defamation of parties concerned, or damage to their private interests.
Chapter VI. The Constitutional Court
Article 87. (Status of Constitutional Court, Right to Review Statutes)
The Constitutional Court shall have the power to determine whether all laws, ordinances, regulations and official acts conform to the Constitution.
(2) All judges of the Constitutional Court shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
(3) The Constitutional Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of related matters.
Article 88. (Filing Suit in Constitutional Court)
The Constitutional Court shall review whether all laws, ordinances, regulations and official acts conform to the Constitution as provided for by law at the request of the Cabinet, or of two-thirds or more of all members of the Diet.
(2) The Constitutional Court shall review whether specific lawsuits and related matters conform to the Constitution as provided for by law, when so requested by the Supreme Court, inferior courts, or administrative courts.
(3) The Constitutional Court shall judge objections made by concerned parties to specific lawsuits arising from constitutional trials carried out by the Supreme Court as provided for by law.
Article 89. (Validity of Judgements)
All of the people shall be bound by the Constitutional Court’s determinations on all laws, ordinances, regulations and official acts not conforming to the Constitution, except in cases as otherwise provided for by law.
(2) Judgements by the Constitutional Court shall take effect the day following their promulgation except as otherwise provided for by law.
Article 90. (Guarantee of Status for Constitutional Court Judges)
Judges of the Constitutional Court shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform their official duties. No disciplinary action against judges of the Constitutional Court shall be administered by any executive organ or agency.
Article 91. (Constitutional Court Judges, Terms, Retirement, Remuneration)
The number of judges of the Constitutional Court shall be fixed at fifteen (15), of which one-third shall be appointed by the president of the Diet, the Prime Minister, and the Chief Justice of the Supreme Court. The Chief Justice of the Constitutional Court shall be designated from this number by the Cabinet with the consent of the Diet.
(2) Judges of the Constitutional Court shall hold office for a term of ten (10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law.
(3) Judges of the Constitutional Court must swear a solemn oath on assuming office.
(4) Judges of the Constitutional Court shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 92. (Prohibition on Holding Concurrent Office)
Judges of the Constitutional Court may not hold concurrent office as members of the Diet, Ministers of State, judges of the judicial courts, or other public officials.
Chapter VII. Finance
Article 93. (Fundamental Principles of Finance)51
National finances shall be processed by the Cabinet as determined by the Diet.
(2) The State must endeavor to maintain and manage the consolidation of national finances.
Article 94. (Taxes)52
The State shall not impose new taxes or modify existing ones except by law or under such conditions as law may prescribe.
Article 95. (National Expenditure and Debt Burden)
The State shall expend no money, nor shall it obligate itself, except as authorized by the Diet.
Article 96. (Limits on Use of Public Money and Other Public Property)
No public money or other property shall be expended or appropriated for the benefit or maintenance of any religious institution or association. However, special provisions in law towards ancestors of the Imperial House and the war dead shall be allowed.53
Article 97. (Budget Bills)
The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year.54
Article 98. (Continuing Expenditure)
In special cases necessitating continuing expenditures over multiple years, the cabinet must secure a Diet resolution therefor.
Article 99. (Reserve Funds)
In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet.
(2) All payments from the reserve fund require the Cabinet to obtain the subsequent approval of the Diet.55
Article 100. (Measures on Budget Failure)
In cases where the budget for the following fiscal year is not constituted by the close of the current fiscal year, the Cabinet may expend any amount necessary to the following objectives while the budget is being constituted:
1. The maintenance of facilities established by the law, and the enactment of measures as provided for by law.
2. The implementation of legal duties within the purview of the state.
3. The continuation of construction, procurement and other business, or the assistance of such measures as already approved in the preceding fiscal year’s budget.
Article 101. (Expenditure Auditing, Board of Audit of Japan)56
Final accounts of the expenditures and revenues of the State shall be audited by a Board of Audit.
(2) In addition to the audit stipulated in the preceding paragraph, the Cabinet shall submit final accounts of the expenditures and revenues of the State to the Diet during the following fiscal year.
(3) The organization and competency of the Board of Audit shall be determined by law.
Article 102. (Finance Reports)
At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of national finances.
Chapter VIII. Local Self-Government
Article 103. (Principles of Local Self-Government)
Local public entities shall cooperate with the State in promoting the welfare of the people.
(2) Regulations concerning operations and organization of local public entities shall be fixed by law.57
Article 104. (Direct Popular Vote for Local Assemblies, Heads and Members of Local Government)
The local public entities shall establish assemblies in accordance with law.58
(2) The chief executive officers of all local public entities and the members of their assemblies shall be elected by direct popular vote within their several communities.59
Article 105. (Disqualification of Public Officials in Local Public Entities)
The stipulations in Article 46 shall apply correspondingly in the disqualification of the chief executive officers of all local public entities and the members of their assemblies.
Article 106. (Competence and Lawmaking Rights of Local Public Entities)
Local public entities shall have the right to manage their property, affairs and administration.
(2) Local public entities may enact their own regulations within law.
Article 107. (Local Self-Government Under National State of Emergency)
In cases where a national state of emergency is declared as stipulated in Article 78, the authority of local public entities shall cease, and they shall come under direct command of the Cabinet.
Chapter IX. National Security
Article 108. (Principles of World Peace and Global Security; Active Participation in International Society and International Organizations)
The Japanese people aspire sincerely to eliminate from the Earth the human-induced disasters of military conflict, oppression, hunger, poverty, and environmental destruction.
(2) Acts that threaten global security and destroy the Earth’s environment in the medium to long term, even if they are not direct assaults on humanity, shall not be accepted.
(3) To achieve the aims of the preceding two paragraphs, Japan shall take initiatives to fulfill its role in creating, maintaining and developing global order, while actively participating in the management and activities of established international organizations from a position of responsibility that includes the use of military force.
Article 109. (Right to Self-Defense, Alliance Formation)
Japan has the right to protect its independence and security, as well as the right to resist and to defend itself against imminent and unlawful infringement.60
Article 110. (Possession and Organization of National Defense Forces]
To achieve the aims of the preceding two articles, Japan shall have national defense forces.
(2) The organization of the national defense forces shall be provided by law.
Article 111. (Military Nonintervention in Politics)
The national defense forces are barred from political intervention and are required to constantly transcend partisanship.
Article 112. (Right of Supreme Command)
The supreme command of the national defense forces belongs to the Prime Minister.
Article 113. (Diet Approval)
Excepting the declaration of a state of emergency as stipulated in Article 78, the dispatch of the national defense forces requires Diet approval, which is also required in advance for mobilization outside the case of a foreign invasion or the imminent danger thereof.
Article 114. (Military Court)
Military officers shall submit to the jurisdiction of a military court in matters of military offences.
(2) Restrictions on fundamental human rights and the military penal code applicable to military officers shall be provided by law.
(3) The Military Court shall be supervised by the Prime Minister and not by the Supreme Court.
(4) The organization and legal proceedings of the Military Court shall be provided by law.
Chapter X. Amendments
Article 115. (Procedures and Limits on Constitutional Amendments)
Submission of a bill for constitution revision shall be carried out by the Cabinet or one-third or more of all members of the Diet.
(2) Amendments to this Constitution shall be initiated by the Diet, when two-thirds or more of all members are present; their passage shall require a concurring vote of two-thirds or more of those members thereof.
(3) Aside from the preceding paragraph, amendments to the Constitution may be initiated by the Diet, when two-thirds or more of all members are present, by a majority of those members thereof. In this case, the affirmative vote of a majority of all valid votes cast thereon, at a special referendum or at such election as the Diet shall specify shall be required.61
(4) Amendments when so passed as stipulated in paragraph two of this Article, or so ratified as stipulated in the preceding paragraph, shall immediately be promulgated by the Emperor in the name of the people.62
(5) The Constitution may not be amended for the duration when Japan’s sovereign power is restricted, or when a state of emergency is declared.
Chapter XI. Supreme Law
Article 116. (Supreme Law)
This Constitution shall be the supreme law of the nation and no law, ordinance, regulation, or official act, or part thereof, contrary to the provisions hereof, shall have legal force or validity.63
Article 117. (The National Flag and the National Anthem)64
The “Hinomaru” is the national flag of Japan.
(2) The “Kimigayo” is the national anthem of Japan.
Article 118. (Legitimacy of Government)65
All authority in governing the state derives from the people.
Article 119. (Agency in Government, Methods of Exerting Authority, Guarantee of Political Party Formation)
The people shall exercise their rights through their representatives in the Diet who have been duly elected.
(2) The formation of political parties shall be guaranteed as a result of the collective formation of the people’s political will, and as a reflection of government. Their internal order must conform to the principles of democracy. It shall be unconstitutional for political parties to purposefully endanger the existence of Japan.66
Article 120. (Observance of Treaties and International Law)
The treaties concluded by Japan and established laws of nations shall be faithfully observed.67
Chapter XII. Supplementary Provisions
Article 121. (Schedule and Preparatory Proceedings of Constitutional Enforcement)68
This Constitution shall be enforced as from the day when the period of three months will have elapsed counting from the day of its promulgation.
(2) The enactment of laws necessary for the enforcement of this Constitution, the election of members of the Diet and the procedure for the convocation of the Diet and other preparatory procedures necessary for the enforcement of this Constitution may be executed before the day prescribed in the preceding paragraph.
Article 122. (Transitional Provisions – Measures for Non-Constitution of Diet)
If the Diet is not constituted before the effective date of this Constitution, the preceding Diet shall hold a bicameral joint session and so function as the Diet until such time as the new Diet shall be constituted.69
Article 123. (Ibid – Appointment of Constitutional Court Judges)
The Prime Minister, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court shall, following the promulgation of this Constitution, and for the duration until its enforcement, appoint judges of the Constitutional Court as provided for therein. Judges of the Constitutional Court shall carry out their authority following the enforcement of the Constitution.
Article 124. (Ibid – Status of Public Officials)
The Ministers of State, judges in office on the effective date of this Constitution, and all other public officials who occupy positions corresponding to such positions as are recognized by this Constitution shall not forfeit their positions automatically on account of the enforcement of this Constitution unless otherwise specified by law. When, however, successors are elected or appointed under the provisions of this Constitution, they shall forfeit their positions as a matter of course.70