HATOYAMA Yukio (Full Draft)
This constitution inherits the traditions of parliamentarism and of party politics established in the 1889 Constitution, and succeeds and carries on with the ideals of pacifism and international cooperation in the 1947 Constitution.
We value human dignity and strongly desire for the people of the world to enjoy the blessings of peace, liberty, and democracy, and wish for the establishment of a permanent collective security system and universal cooperation in social and economic terms in the world, and above all, in the Asia-Pacific region. We pledge to continue making sustained efforts [towards these goals].
We aim to develop a friendly nation based on independence and the spirit of co-existence.
The Japanese people will inherit the traditions and culture cultivated during the long history of this country, protect the rich natural environment and beautiful land, and strive to pass it on to future generations. Furthermore, we will, under a system based on the principles of subsidiarity, respect self-government and independence of regions to the fullest extent, while also taking a global view [of matters] and become connected with the people of the world through friendship and wisdom. Desiring to advance the development of a country with dignity, we hereby establish a new Constitution of Japan.
Chapter I. General Provisions
Article 1. (Sovereignty and the National Polity)
The sovereign power of Japan resides with the people of Japan.
(2) Japan is a democratic country with the Emperor as the head of state and a symbol of the unity of the people.
(3) The conditions necessary for being a Japanese national shall be determined by law.
Article 2. (Human Dignity and the Inviolability of Fundamental Human Rights)
Human dignity is inviolable. These fundamental human rights guaranteed to the people by this Constitution are eternal and inviolable rights. The Japanese people shall not be prevented from enjoying all of these fundamental human rights.
Article 3. (The Supreme Law of the Land)
This Constitution shall be the supreme law of the land and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.
Article 4. (The Obligation to Obey to the Constitution)
The Emperor or the Regent as well as Ministers of State, members of the Diet, judges, and all other public officials have the obligation to respect and adhere to this Constitution.
Article 5. (The National Flag, National Anthem, and Reign Names)
The national flag, the national anthem, and imperial era names shall be determined by law.
Article 6. (Japan’s Official Language)
The official language of Japan shall be Japanese.
Chapter II. The Emperor
Article 7. (The Imperial Throne)
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet. The Imperial Throne shall be inherited by a man or a woman who belongs to the Imperial Household.
Article 8. (The Emperor’s Right of Appointment)
The Emperor shall appoint the Prime Minister as designated by the Diet.
(2) The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Prime Minister.
(3) The Emperor shall appoint the judges of the Constitutional Court as designated by the Diet, the Prime Minister, and the Supreme Court. [The Emperor] shall also appoint the Chief Judge as designated by the judges of the Constitutional Court using an internal vote.
Article 9. (The Emperor’s Acts in Matters of State)
The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state, and the Cabinet shall be responsible for the Emperor's acts in matter of state:
1. Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
2. Convocation of the Diet.
3. Dissolution of the House of Representatives.
4. Proclamation of general election of members of the Diet.
5. Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
6. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
7. Awarding of honors.
8. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
9. Receiving foreign ambassadors and ministers.
10. Receiving guests of the nation and visiting other countries for the purpose of cultivating friendship and goodwill.
11. Performance of ceremonial functions.
(2) The Emperor may delegate the performance of acts in matters of state as may be provided by law.
(3) When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform his acts in matters of state in the Emperor's name.
Article 10. (Restrictions on Giving and Receiving Property)
No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without the authorization of the Diet.
Chapter III. Rights and Duties of the People
Article 11. (The Duty to Guarantee Freedoms and Rights, the Prohibition Against Abusing Freedoms and Rights, and the Responsibility to Utilize Them)
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.
Article 12. (The Dignity of Individuals and the Public Welfare)
All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.
Article 13. (Equality Under the Law, the Denial of Peerage, and Limits on Honors)
All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
(2) Peers and peerage shall not be recognized.
(3) No privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it.
Article 14. (The Right to Choose and Dismiss Public Officials, Participating in Referendums and Local Referendums, and the Obligation to Vote)
The people have the inalienable right to choose their public officials and to dismiss them. All public officials are servants of the whole community and not of any group thereof.
(2) Universal adult suffrage is guaranteed with regard to the election members of the Diet, assembly members and heads of local basic governments (kiso jichitai) and other public officials. The same applies to referendums and local referendums.
(3) All people shall be obligated to vote in the elections of public officials, referendums, and local referendums.
(4) The participation of permanent-resident foreigners in the elections of public officials in wide-area local governments (kōiki jichitai) and local referendums shall be prescribed in the charter of each wide-area local government.
(5) The secrecy of the ballot shall not be violated. A voter or person who casts a ballot shall not be answerable, publicly or privately, for the choice he has made.
Article 15. (Right to Petition)
Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.
Article 16. (The State’s and Local Governments’ Responsibility for Redress)
Every person may sue for redress as provided by law from the State or a local government (chiiki jichitai), in case he has suffered damage through illegal act of any public official.
Article 17. (Freedom from Bondage and Involuntary Servitude)
No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.
Article 18. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.
Article 19. (Freedom of Religion and the State’s Religious Activities)
Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority.
(2) No person shall be compelled to take part in any religious act, celebration, rite or practice.
(3) Local governments (chihō jichitai), the State, and their organs shall refrain from education for a specific religion or any other religious activity.
Article 20. (Freedom of Assembly, Association, and Expression; Ban on Censorship and the Secrecy of Communications)
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
(2) No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
Article 21. (The Right to Have one’s Honor Respected, the Right to Privacy, and the Right to Access and Control Information)
Every person shall have the right to have their honor and reputation infringed upon.
(2) The collection, retention, use, and dissemination of information related to an individual’s private life shall be based on the consent of the person in question, or based on adequate cause as provided for by law. [Such actions] are not permitted, except cases in which [the information] is handled fairly for a specific purpose.
(3) Every person shall have the right to know the information about themselves that has been recorded and how it is used, and the right to request correction of the information concerned.
Article 22. (The Right to Request the Disclosure of Information)
Every person may request the disclosure of information related to the affairs of local governments (chiiki jichitai) and the State as provided for by law.
Article 23. (The Freedom to Choose and Change Residence, Choose Occupation, and the Right to Move to a Foreign Country and Divest Nationality)
Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare.
(2) Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Article 24. (Academic Freedom)
Academic freedom is guaranteed.
Article 25. (Respect for the Family and the Dignity of Individuals; Equality of the Sexes)
The family must be respected as the fundamental unit of society.
(2) Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
(3) With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.
Article 26. (The Right to a Certain Standard of Living; the State’s Obligation to Guarantee the Right to a Certain Standard of Living)
All people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) The State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
(3) The State shall endeavor to guarantee a comfortable domicile for all every person.
Article 27. (The Rights of Children, the Elderly, and People with Disabilities)
Children shall have the right to receive the necessary protection for a healthy and good life.
(2) The experiences and knowledge of the elderly shall be respected. [They] shall have the right to live a life with dignity.
(3) People with disabilities shall have the right to be independent, take part in society, and work.
Article 28. (Bioethics)
In the field of medical life science and technology, selecting people for acts related to eugenics, using the human body or body parts for profit, and human cloning are prohibited.
Article 29. (The Right to the Environment and the Duty to Protect the Environment)
Every person shall have the right to enjoy a good environment.
(2) Every person shall endeavor to protect the natural environment, and historical and cultural heritage. [They] shall be obligated to maintain a good environment and develop it as a community.
(3) Local governments (chiiki jichitai), the State, and other public institutions shall take the necessary measures for the people to enjoy a good environment.
Article 30. (The Right to Receive an Education, Educational Obligations, and Free Compulsory Education)
Every person shall have the right to receive the necessary education correspondent to their ability over the course of their lifetime.
(2) Local governments (chiiki jichitai) and the State shall be obligated to guarantee that all people receive ordinary education as provided for by law. Compulsory education at public schools shall be free.
Article 31. (The Right and Obligation to Work, Work Standards, and the Ban on Exploiting Children)
All people shall have the right and the obligation to work.
(2) Standards for wages, hours, rest and other working conditions shall be fixed by law.
(3) Children shall not be exploited.
Article 32. (The Right of Workers to Organize and Bargain Collectively)
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 33. (The Guarantee of Property Rights)
The right to own or to hold property is guaranteed. However, this does not apply to cases in which [it is used for] the public interest or in cases provided for by law or based on [certain] conditions, and just compensation is paid within an appropriate amount of time.
(2) Intellectual property shall be protected.
Article 34. (Liability to Taxation)
The people shall be liable to taxation as provided by law.
Article 35. (Guarantee of Legal Procedures)
No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.
Article 36. (Right of Access to the Courts)
No person shall be denied the right of access to the courts.
Article 37. (Guarantees Against Apprehension)
No person shall be apprehended except upon warrant issued by a judge which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.
Article 38. (Guarantee Against Unjust Arrest or Detention)
No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.
Article 39. (Guarantee Against Entries into One's Home, Searches, and Seizures)
The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, or except as provided by Article 37.
(2) Each search or seizure shall be made upon separate warrant issued by a judge.
Article 40. (The Ban on Torture and Cruel Punishment)
The infliction of torture by any public officer and cruel punishments are absolutely forbidden.
Article 41. (Rights of the Accused)
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
(2) He shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense.
(3) At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts, be assigned to his use by the State.
Article 42. (Invalidity of Forced Testimony and Confession)
No person shall be compelled to testify against himself.
(2) Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.
(3) No person shall be convicted or punished in cases where the only proof against him is his own confession.
Article 43. (Prohibition Against Retroactive Punishment and Double Jeopardy)
No person shall be held criminally liable 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.
Article 44. (Right to Receive Criminal Redress)
Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law.
Article 45. (The Rights of Crime Victims)
Victims of criminal acts or their surviving family members may obtain redress from the State as provided by law.
Chapter IV. Pacifism and International Cooperation
Article 46. (The Disavowal of Wars of Aggression)
Holding dear justice and order in international society and desiring to pursue the establishment of a lasting world peace, the Japanese people disavow all acts of aggression and acts that disrupt peace.
(2) Based on the spirit of the preceding article, Japan forever renounces the threat or use of force as means of settling international disputes.
Article 47. (Participating in International Activities)
Japan will actively cooperate in the activities for the preservation and creation of peace sponsored by the United Nations and other established international institutions.
Article 48. (The Delegation of Sovereignty)
Japan may delegate a part of its sovereign rights to international institutions through legislation, provided it does not go against the fundamental ruling order prescribed by this Constitution.
(2) In order to contribute to the stability and peace in international society, Japan may post restrictions over its sovereign rights through law when participating in activities of collective security.
Article 49. (Compliance with International Laws)
The treaties concluded by Japan and established laws of nations shall be faithfully observed.
Chapter V. Security
Article 50. (The Right of Self-Defense)
In order to ensure its independence and safety, Japan shall maintain a Self-Defense Army.
(2) The regulations regarding the organization and activities of the Self-Defense Army shall be specified by law.
Article 51. (The Prime Minister’s Authority to Command and Supervise)
The supreme authority to command and supervise the Self-Defense Army shall be vested in the Prime Minister.
Article 52. (Approval from the Diet)
The Prime Minister’s order for the mobilization of the Self-Defense Army shall require the approval of the Diet as provided by law.
Article 53. (The Prohibition Against Weapons of Mass Destruction)
The development, production, and possession of nuclear weapons, biological weapons, chemical weapons, and other weapons of mass destruction shall be prohibited.
Article 54. (The Renunciation of Conscription)
The Japanese people shall not be forced to join the Self-Defense Army.
Chapter VI. Cities, Spheres, and the State
Article 55. (The Composition of Local Self-Governing Bodies)
Local governments (chihō jichitai) shall be composed of cities as the basic local governments (kiso jichitai) and spheres as the wide-area local governments (kōiki jichitai).
Article 56. (The Principle of Subsidiarity)
Cities, spheres, and the State will divide up the responsibilities based on the principle of subsidiarity and the respect for the self-governing activities founded upon residents’ creativity and initiatives.
Article 57. (The Rights and Powers of Cities)
Except legislative power exclusively designated to the State which is stipulated in this Constitution, cities have the legislative power over affairs within their jurisdiction, and possess the authority to enforce the aforementioned affairs.
(2) Cities shall have the power to impose and collect taxes, and may act to secure the revenue deemed necessary to them.
Article 58. (The Rights and Powers of Spheres)
Except legislative power exclusively designated to the State which is stipulated in this Constitution, spheres have the legislative power over affairs regarding the mutual adjustment between cities under its jurisdiction, and local affairs that are not in the jurisdiction of cities. Spheres also possess the authority to enforce the aforementioned affairs.
(2) The sources of revenue necessary for the spheres to carry out their functions shall be assessed by the sphere council. [The amount determined by the council] shall be the fiscal obligation of each city.
Article 59. (The Rights and Powers of the State)
The State shall have power to enact legislation related to matters concerning the existence of the nation, representing the nation abroad, and matters in which a national standard is necessary. It shall comply with the provisions of this Constitutions when carrying out its functions.
Article 60. (The State’s Exclusive Legislative Rights)
The legislative rights over the following affairs fall exclusively under the jurisdiction of the State:
1. Affairs regarding the Emperor and the Imperial Household.
2. Affairs regarding diplomacy and security.
3. Affairs regarding the election of representatives of the Diet.
4. Affairs regarding the basic principles of judicial, civil, and criminal matters.
5. Affairs regarding the organization of national institutions and their finances.
6. Affairs regarding currency, official interest rates, the protection of fair trade, finance, capital markets, trade, price controls, industrial standards, weights and measures, and intellectual property rights.
7. Affairs regarding nationality, customs, border control, and passports.
8. Affairs regarding the Marine Accident Tribunal, Coast Guard, and Air Security.
9. Affairs regarding the fundamental public pensions.
10. Affairs regarding nationwide radio wave supervision.
11. Affairs regarding the qualification of medical practitioners and drug regulations.
12. Affairs regarding the census and other national statistical surveys.
13. Affairs regarding state compensation liability.
Article 61. (Shared Legislative Rights)
The legislative rights over the following affairs are under the shared jurisdiction of the State, spheres, and cities:
1. Affairs regarding the maintenance of public order and responses to large-scale disasters.
2. Affairs regarding taxation.
3. Affairs regarding education.
4. Affairs regarding public insurance, livelihood protection, and labor standards.
5. Affairs regarding food and energy security.
6. Affairs regarding the protection of important cultural properties and conservation of the environment.
7. Affairs regarding the maintenance and management of fundamental infrastructures of transportation and communication for nationwide purposes.
8. Affairs regarding meteorological-related activities.
9. Affairs regarding postal services.
10. Affairs regarding road transportation, maritime transportation, and aerieal transportation.
11. Affairs regarding land transactions.
12. Affairs regarding measures addressing infectious diseases.
(2) In the case of legislative affairs that overlap, the State shall establish national standards, and the cities and spheres shall realize the national standards set by the State while addressing the special characteristics of their respective regions. In addition, standards can be added or relaxed as necessary.
Article 62. (The State’s Responsibility of Fiscal Adjustment)
The State must take the necessary steps to adjust for the disparity in financial resources between local governments (chiiki jichitai). However, based on the powers specified in this Constitution, the autonomy exercised by local governments (chiiki jichitai) must not be impaired.
(2) Local governments (chiiki jichitai) may state their opinions regarding the adjustment of the disparity between local governments (chiiki jichitai).
Article 63. (Arbitrating Disputes)
The Constitutional Court shall handle disputes between the State and self-governing bodies (chiiki jichitai), or disputes between local governments (chiiki jichitai).
Chapter VII. The Organization of Cities and Spheres
Article 64. (The Enactment of Charters)
Cities and spheres shall establish local charters as their basic law. The local charters shall follow the fundamental governing principles stipulated in this Constitution, and define the legislative and administrative organization.
(2) The establishment, revision, and abolition of local charters must be ratified by the approval of two-thirds or more of the members of the city council or the sphere council, or by the approval of the majority of the valid votes in a referendum based on the proposal by the majority of the members of the council.
Article 65. (City Legislation)
City legislation shall be carried out by the city council.
(2) The city council decides the budget, approves the settlement of accounts, and other matters stipulated by the city charter.
(3) The city council has the power to conduct an investigation of the city administration to ensure that it is carried out properly.
(4) Members of the city council are directly elected by the residents of that city.
Article 66. (The Administration of the Cities)
The administration of the city is carried out by the City Administration Committee
(2) The chief executive officer of the City Administration Committee shall be called the mayor, and is elected directly by the residents.
(3) The term of office of the mayor shall be four years. The same person may not hold that post for over twenty consecutive years.
(4) Members of the City Administration Committee are appointed and dismissed by the mayor.
Article 67. (The City Administration)
The legislation of the city is carried out by the city council.
(2) The city council decides the budget, approves the settlement of accounts, and other matters stipulated by the sphere charter.
(3) The sphere council has the right to investigate the sphere administration in order to ensure that the sphere administration is carried out properly.
(4) Members of the sphere council are elected by the subordinating cities based on [regulation in] their respective charters.
Article 68. (The Administration of Spheres)
The administration of the sphere is carried out by the sphere administration committee.
(2) The chief executive officer of the sphere administrative committee is called the sphere governor, and is selected by the sphere council from its members.
(3) The term of office of the governor of the sphere is four years, and the same person may not serve for more than eight years.
(4) The sphere governor can appoint and dismiss the members of the sphere administrative committee. However, the majority of the members of the regional administrative committee must be members of the regional council.
(5) When a vote of no confidence against the administration is passed by the regional council, the governor must resign unless the regional council is dismissed [for reelection] within ten days.
Article 69. (Residents’ Voting Rights)
Residents of cities and areas may directly participate in the decisions of the city and area by referendum, as provided for in the charter.
Article 70. (Audits and Administrative Review)
Cities and spheres shall establish a system of public accounting based on the accrual basis, and shall also establish a third-party accounting auditing body approved by the council, as provided for in the local charters.
(2) According to the local charters, the city and sphere should investigate the activities of the administrative committee based on the petition submitted by the residents, report [the result] to the council, and recommend that the administrative committee take necessary corrective measures. An administrative overseeing body may be established.
Chapter VIII. Political Parties
Article 71. (Political Parties)
The Japanese people shall have the right to freely establish political parties.
(2) Political parties shall support the people’s political decision-making.
(3) Political parties must respect the principles of popular sovereignty and democracy.
(4) The conditions necessary for becoming a political party shall be determined by law.
Article 72. (Political Party Subsidies)
The State shall provide subsidies for funds that are necessary for the management of political parties as provided by law.
(2) Political parties must disclose their accounts related to their political activities as provided by law.
Article 73. (Clearly Specifying Candidates for Prime Minister)
When there is a general election for members of the Diet, political parties must clearly specify their candidates for Prime Minister (the party leader) and their basic administrative policies.
Chapter IX. The Diet
Article 74. (The Position of the Diet)
The State’s legislative power shall be vested in the Diet.
Article 75. (The Unicameral System)
The Diet shall represent all the people. It shall consist of a single house composed of elected members.
(2) The number of members of the Diet shall be fixed by law.
Article 76. (The Qualification of Members of the Diet and Their Electors)
The qualifications of members of the Diet and their electors shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income.
Article 77. (Terms of Office of Members of the Diet)
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.
Article 78. (The Election of Members of the Diet)
Method of election of members of the Diet, electoral districts, and other matters pertaining to the method of election of members of the Diet shall be fixed by law.
Article 79. (Annual Payments to Members of the Diet)
Members of the Diet shall receive appropriate annual payment from the national treasury in accordance with law.
Article 80. (Immunity from Arrest for Members of the Diet)
Except in cases provided by law, members of the Diet shall be exempt from apprehension while the Diet is in session, and any members apprehended while the Diet is in adjournment or dissolution shall be freed during the term of the session upon demand of the Diet.
Article 81. (Immunity from Liability for Statements and Votes)
Members of the Diet shall not be held liable outside the Diet for speeches, debates or votes cast inside the Diet.
Article 82. (The Year-Round Diet)
The Diet shall be in session from April 1 until March 31 of the following year. However, the Diet may adjourn for a period of time.
(2) If the Diet is dissolved, that session of the Diet shall be terminated. The session of the Diet convoked after the general election shall be from the day of convocation until March 31.
Article 83. (General Elections)
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.
Article 84. (Disputes Related to Qualifications)
The Diet shall judge disputes related to qualifications of its members. However, in order to deny a seat to any member, it is necessary to pass a resolution by a majority of two-thirds or more of the members present.
Article 85. (Voting and Quorum Procedures)
Business cannot be transacted in the Diet unless one-third or more of total membership is present.
(2) All matters shall be decided, in the Diet, 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 86. (Resolutions Related to Laws, the Budget, and Treaties)
A bill becomes a law on passage by the Diet.
(2) The budgets and the conclusion of treaties shall required approval from Diet
Article 87. (Public Deliberations and Proceedings)
Deliberation in the Diet shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor.
(2) 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.
(3) Upon demand of one-fifth or more of the members present, votes of members on any matter shall be recorded in the minutes.
Article 88. (The Selection of Officials and the Diet’s Autonomy)
The Diet shall select its own president and other officials.
(2) The Diet shall establish its rules pertaining to meetings, procedures and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.
Article 89. (The Nominations of Constitutional Court Judges)
The nominations of Constitutional Court judges shall require a resolution passed by a majority of two-thirds or more of those members present.
Article 90. (The Diet’s Right to Investigate the Government)
The Diet has the right to conduct investigations in relation to government. If it demands the presence and testimony of witnesses, and the production of records, the approval of one-third or more of total membership shall be required.
Article 91. (Bringing a Case before the Constitutional Court)
In order for the Diet to bring a case before the Constitutional Court for the purpose of determining the constitutionality of a law, order, regulation, or official act, an affirmative vote of one-third or more of all members of the Diet shall be required.
Article 92. (Audit Requests)
In order for the Diet to request an investigation related to whether or not the budget for a specific government program has been properly implemented, an affirmative vote of one-third or more of all members of the Diet shall be required.
Article 93. (The Presence of 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 Diet or not. They must appear when their presence is required in order to give answers or explanations.
Article 94. (The Impeachment Court)
The Diet shall set up an impeachment court from among the members of the Diet for the purpose of trying those judges against whom removal proceedings have been instituted.
(2) Matters relating to impeachment shall be provided by law.
Article 95. (Special Terms of Office for Members of the Diet during a State of Emergency)
If the terms of office member of the Diet expires or if the Diet is dissolved when the Prime Minister declares a state of national emergency, the Prime Minister shall extend the terms of those members until the state of national emergency is lifted in accordance with the provisions of this Constitution and of the law.
Chapter X. The Cabinet
Article 96. (Executive Power)
The executive power of the State shall be vested in the Prime Minister.
Article 97. (The Designation of the Prime Minister)
The Prime Minister shall be designated from among the members of the Diet, and shall require the support of a majority of all members of the Diet. This designation shall precede all other business.
Article 98. (The Organization of the Cabinet and its Responsibilities)
The Prime Minister shall form a cabinet to exercise executive power. The Prime Minister shall have the authority to appoint and dismiss the Ministers of State (who are members of the cabinet) and officials who assist the Prime Minister as provided for by law.
(2) The Prime Minister shall be responsible for deciding on basic administrative policies. The Ministers of State shall be independent and be responsible [for their own actions] within the scope of the Prime Minister’s basic administrative policies. They shall perform functions within their own jurisdiction.
(3) The majority of the Ministers of State must be chosen from among the members of the Diet.
(4) The Prime Minister and other Ministers of State must be civilians.
(5) The Prime Minister must designate a Minister of State in advance to perform official duties on behalf of the Prime Minister in the event of the absence or disability of the Prime Minister.
(6) The Prime Minister, in the exercise of executive power, shall be responsible to the Diet.
Article 99 (The Prime Minister’s Official Duties)
The Prime Minister submits bills, and reports on general national affairs and foreign relations.
(2) The Prime Minister exercises control and supervision over various administrative branches based on the Prime Minister’s basic administrative policy.
(3) The Prime Minister, in addition to other general administrative functions, shall perform the following functions:
1. Administer the law faithfully; conduct affairs of state.
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 order in order to execute the provisions of the law. However, it cannot include penal provisions in such cabinet order unless authorized by law.
7. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Article 100. (Non-Confidence Resolutions and the Dissolution of the Diet)
If the Diet passes a non-confidence resolution, or rejects a confidence resolution, the Prime Minister may advise the Emperor to dissolve the Diet. However, if the Diet is not dissolved within ten (10) days, the Prime Minister and other Ministers of State shall resign en masse.
(2) When a resolution requesting the dismissal of a Minister of State is passed in the Diet, that Minister of State must be dismissed, not withstanding the provision of Article 98.
Article 101. (A Vacancy in the Post of Prime Minister or Resignation En Masse After the General Election)
When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Diet after a general election of members of the Diet, the Prime Minister and other Ministers of State shall resign en masse.
Article 102. (The Continuation of Functions After Resignation)
In the cases mentioned in the two preceding articles, the Prime Minister or the Minister of State who is performing official duties on behalf of the Prime Minister, shall continue their functions until the time when a new Prime Minister is appointed.
Article 103. (The 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 104. (Restrictions on Legal Action Against the 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.
Article 105. (Dealing with a State of Emergency)
In the event of a situation in which the existence of the nation or the safety of the people is endangered, the Prime Minister may declare a state of national emergency and, depending on the situation, issue emergency orders as provided by law.
(2) If the Prime Minister declares a state of national emergency, he/she must get approval from the Diet within ten (10) days.
(3) When the Prime Minister declares a state of national emergency, he/she must clearly specify the region [affected by the state of emergency] and set a time limit.
(4) The state of national emergency shall remain in effect for up to thirty (30) days. However, [the Prime Minister] may extend [the state of emergency] with prior approval from the Diet.
(5) If the Diet does not approve of the state of national emergency, or if the Diet passes a resolution to end the state of national emergency, that state of national emergency shall be terminated.
Chapter XI. National Referendums
Article 106. (The Prime Minister’s Right to Hold Referendums)
The Prime Minister may, especially when deemed necessary, hold a referendum on bills or treaty drafts before the Diet takes a vote on them. However, referendums may not be held for bills related to the budget or taxes.
Article 107. (The Right to Request a National Referendum)
If more than half of the members of the Diet requests a referendum related to bills or the approval for the conclusion of a treaty, the Prime Minister must hold a referendum before the Diet takes a vote on them.
Article 108. (The Binding Authority of National Referendum Results)
If a majority of voters participate and if a majority of valid votes are in favor of the referendum, then the referendum shall be approved.
(2) The Diet and the Prime Minister shall be bound by the results of the referendum.
(3) The method of voting in the referendum and other necessary matters shall be fixed by law.
Chapter XII. The Constitutional Court
Article 109. (The Constitutional Court’s Power of Judicial Review)
The Constitutional Court shall have the power to determine the constitutionality of treaties and laws.
Article 110. (The Power to Handle Disputes between the National Government and Local Self-Governing Bodies)
When the head of a local government or the Prime Minister files a lawsuit related to the powers of the State and local governments, the Constitutional Court shall have the power to determine the appropriateness [of that lawsuit].
Article 111. (Cases Related to Judicial Review)
The Constitutional Court shall decide the following types of trials related to constitutionality [of laws and treaties]:
1. When the Prime Minister or Diet files an action related to the constitutionality of a treaty or law.
2. When a court requests the constitutionality of its judgement in a specific lawsuit.
3. When the party involved in a specific lawsuit files an action and objects to the constitutional judgement of the Supreme Court.
4. When a court requests a judgement regarding constitutionality in a specific lawsuit.
5. When the party involved in a specific lawsuit files an action and objects to the constitutional judgement of the Supreme Court.
Article 112. (The Legal Force of Constitutional Court Judgements)
The people, local governments, the State, and all organs shall be bound by the Constitutional Court’s judgements in each of the items in the previous article.
Article 113. (Constitutional Court Judges: Selection Method, Number of Judges, Terms of Office, and Retirement)
The Constitutional Court shall be composed of nine judges. The Diet, the Prime Minister, and the Supreme Court shall each designate three judges.
(2) The Chief Judge shall be selected by an internal vote.
(3) The term of office of judges of the Constitutional Court shall be six years and they shall not be reappointed.
Article 114. (Qualifications for Constitutional Court Judges and Retirement)
Designated judges of the Constitutional Court must be people of great insight, well-grounded in the law, and over the age of 40.
(2) Judges of the Constitutional Court must retire when they reach the age of 70.
Article 115. (Rule-Making Power)
The Constitutional Court shall have the power to make rules for matters related to trial procedures, internal regulations, and administrative work.
Article 116. (Tenure)
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.
(2) Judges of the Constitutional Court shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against judges shall be administered by any executive organ or agency.
(3) All Judges of the Constitutional Court shall receive, at regular stated intervals, adequate compensation.
Chapter XIII. The Judiciary
Article 117. (The Judicial Branch and the Independence of Judges in the Course of Their Duties)
Judicial power, except for matters under the jurisdiction of the Constitutional Court, is vested in a Supreme Court and in such inferior courts as are established by law.
(2) No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.
(3) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
Article 118. (The Supreme Court’s Rule-Making Power)
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 119. (Tenure for Judges)
Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against judges shall be administered by any executive organ or agency.
Article 120. (The Supreme Court: Members, Terms of Office, and Retirement)
The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Prime Minister.
(2) The term of office of judges of the Supreme Court shall be ten years and they may be reappointed.
(3) The judges of the Supreme Court 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.
Article 121. (Judges of Inferior Courts)
The judges of the inferior courts shall be appointed by the Prime Minister from a list of persons nominated by the Supreme Court. All such judges 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.
(2) The judges of the inferior courts shall receive, at regular stated intervals, adequate compensation.
Article 122. (Trials and the Declaration of Judgements)
Trials shall be conducted and judgment declared publicly.
(2) Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly.
Chapter XIV. Finance
Article 123. (The Power to Administer National Finance)
The power to administer national finances shall be exercised as the Diet shall determine.
Article 124. (Sound National Finance)
The State shall use its endeavors to maintain and manage sound national finance.
(2) The source of revenue for the State’s annual expenditure shall be revenue sources other than government bonds and loans. If it becomes necessary to issue government bonds or borrow money, the Diet must approve of it in advance and a plan for repayment must also be submitted to the Diet for approval.
Article 125. (Taxation Requirements)
No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
Article 126. (Requirements for National Expenditure and Debt)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 127. (Preparing the Budget)
The Prime Minister shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year.
(2) If a project requires expenditures for a multi-year period, the Prime Minister shall fix that period and submit a continuous budget to the Diet for its consideration and decision.
Article 128. (The Reserve Fund)
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 Prime Minister.
(2) The Prime Minister must get subsequent approval of the Diet for all payments from the reserve fund.
Article 129. (The property and expenses of the Imperial Household)
All property of the Imperial Household shall belong to the State. All expenses of the Imperial Household shall be appropriated by the Diet in the budget.
Article 130. (Restriction on the Use of Public Money)
No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association.
Article 131. (Public Accounting and Final Accounts)
The State shall establish a system of public accounting that uses the accrual accounting method.
(2) The Prime Minister must promptly submit final accounts of the expenditures and revenues of the State to the Diet during the following fiscal year.
Article 132. (The Board of Audit)
In order to investigate whether the national budget was implemented appropriately and check final accounts of the expenditures and revenues of the State, a Board of Audit shall be established
(2) Every year, the Board of Audit shall audit the State’s final accounts, and report to the Diet and the Prime Minister.
(3) If the Diet requests an investigation and the Board of Audit deems it necessary to fix certain matters, the Board of Audit shall promptly report to the Diet and it may order the Prime Minister to make those changes.
(4) The organization and competency of the Board of Audit shall be determined by law.
Article 133. (Reporting the State of National Finances)
At regular intervals and at least annually the Prime Minister shall report to the Diet and the people on the state of national finances.
Chapter XV. Amendments
Article 134. (Amendments to Articles Related to Sovereignty, Government, Human Rights, and International Cooperation)
Amendments to articles in Chapters I-V shall be initiated by the Diet through a concurring vote of two-thirds or more of all the members of the Diet, and shall require the affirmative vote of a majority of all votes cast thereon, at a referendum in which a majority of eligible voters participate in.
(2) Such amendments shall be submitted by members of the Diet.
Article 135. (Amendments to Articles Related to the Governing System)
Amendments to articles other than those specified in the previous articles must go through one of the following procedures:
1. The amendment is initiated by the Diet through a concurring vote of two-thirds or more of all the members of the Diet, and then wins the affirmative vote of a majority of all votes at a referendum in which a majority of eligible voters participate in.
2. The amendment is passed by a concurring vote of two-thirds or more of all the members of the Diet.(2) Such amendments shall be submitted by the Prime Minister or members of the Diet.
Article 136. (Promulgation by the Emperor)
When amendments to the Constitution are passed and ratified by the provisions of the preceding two articles, they, shall immediately be promulgated by the Emperor in the name of the people.
Chapter XVI. Supplementary Provisions
Article 137. (The Date of Promulgation)
This Constitution shall be enforced on the day one year has passed since the day of promulgation. However, Articles 55 to 70 shall come into effect on the day when three years have passed from the date of promulgation.
(2) The enactment of the law necessary for enforcing this Constitution and the preparatory procedures necessary for enforcing this Constitution must be completed three months before the date set forth in the preceding paragraph.