HATOYAMA Yukio (Partial Draft)
Preamble (Partial 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.
The Japanese people 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. [They] will continue to make sustained efforts [towards these goals].
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.
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)
The people’s dignity must be respected to the fullest extent. 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 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 Cabinet.
(3) [The Emperor shall appoint] the Chief of the Constitutional Court.
(4) [The Emperor shall appoint] the Head of each state in Japan.
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 matters 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 X. Pacifism and International Cooperation
Article X. (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 X. (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 X. (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 X. (Compliance with International Laws)
The treaties concluded by Japan and established laws of nations shall be faithfully observed.
Chapter X. Security
Article X. (The Right of Self-Defense)
In order to ensure its independence and safety, Japan shall maintain a Self-Defense Army consisting of land, sea, air, and other units.
(2) The regulations regarding the organization and activities of the Self-Defense Army shall be specified by law.
Article X. (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 X. (Approval from the Diet)
The Prime Minister’s order for the mobilization of the Self-Defense Army shall require the approval of the Diet.
Article X. (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 X. (The Renunciation of Conscription)
The Japanese people shall not be forced to join the Self-Defense Army.
Chapter X. Cities, Spheres, and the State
Article X. (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 X. (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 X. (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 X. (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 (according to the population of each city in the area). [The amount determined by the council] shall be the fiscal obligation of each city.
Article X. (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 X. (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 X. (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 X. (The State’s Responsibility of Fiscal Adjustment)
The State must take the necessary steps to adjust for the disparity in financial resources between cities and spheres.
Article X. (Arbitrating Disputes)
The State shall establish a dispute management organ to handle disputes between the State and self-governing bodies, or disputes between local governments.
(2) The provisions in the preceding paragraph do not prevent an action from being filed in a court (including the Constitutional Court).
Chapter X. The Organization of Cities and Spheres
Article X. (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 X. (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 X. (The Administration of 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 individual 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 X. (The Sphere Legislation)
The legislation of the sphere is carried out by the sphere council.
(2) The sphere council decides the budget, approves the settlement of accounts, and other matters stipulated by the local 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 X. (The Administration of Spheres)
The administration of the sphere is carried out by the sphere administration committee.
(2) The head 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 individual 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 X. (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 X. (The Systems of Auditing, Administrative Review, and the Disclosure of Information)
Cities and spheres shall establish a system of consolidated accounting and 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 (ombudsman system) may be established.
(3) Cities and spheres must release information regarding the affairs of their councils and administrative committees to the public when requested by residents, pursuant to the provisions of the local charters.
Chapter X. Political Parties
Article X. (Political Parties)
The Japanese people shall have the right to freely establish political parties.
(2) Political parties must respect the principles of popular sovereignty and democracy.
(3) The conditions necessary for becoming a political party shall be determined by law.
Article X. (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 X. (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 X. The Diet
Article X. (The Position of the Diet)
The State’s legislative power shall be vested in the Diet.
Article X. (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 X. (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 X. (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 X. (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 X. (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 X. (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 before the opening of the session shall be freed during the term of the session upon demand of the Diet.
Article X. (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 X. (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 X. (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 X. (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 X. (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 X. (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 the Diet.
Article X. (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 X. (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 X. (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 X. (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 X. (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 X. (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 X. (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 X. (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 X. (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 X. (Executive Power)
The executive power of the State shall be vested in the Prime Minister.
Article X. (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 X. (The Organization of the Cabinet and its Responsibilities)
The Prime Minister shall form a cabinet to implement 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 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 X. (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 X. (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.
Article X. (Vacancies in the Post of Prime Minister and Mass Resignation 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 X. (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 X. (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 X. (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 X. (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 X. National Referendums
Article X. (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 X. (The Right to Request a National Referendum)
If more than half of the members of the Diet requests a referendum related to bills or treaty drafts, the Prime Minister must hold a referendum before the Diet takes a vote on them.
Article X. (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 X. The Constitutional Court
Article X. (The Constitutional Court’s Power of Judicial Review)
The Constitutional Court shall have the power to determine the constitutionality of treaties and laws.
Article X. (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 X. (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.
Article X. (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 X. (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 X. (Qualifications for Constitutional Court Judges)
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 X. (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 X. (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 X. The Judiciary
Article X. (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 X. (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 X. (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 X. (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 which shall not be decreased during their terms of office.
Article X. (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 X. (Trials and the Declaration of Judgements)
Trials shall be conducted and judgment declared publicly.
(3) 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 X of this Constitution are in question shall always be conducted publicly.
Chapter X. Finance
Article X. (The Power to Administer National Finance)
The power to administer national finances shall be exercised as the Diet shall determine.
Article X. (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 use government bonds or loans, the Diet must approve of it in advance and a plan for repayment must also be submitted to the Diet for approval.
Article X. (Taxation Requirements)
No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
Article X. (Requirements for National Expenditure and Debt)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article X. (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 X. (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 X. (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 X. (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, or for any charitable or benevolent enterprises not under the control of public authority.
Article X. (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 X. (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 X. (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 X. Supplementary Provisions
Article X. (The Date of Promulgation)
This Constitution shall be enforced on the day one year has passed since the day of promulgation. However, Articles X to X 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.