Kokutai Sōzō

Creating a National Polity¹
Draft of a New Constitution for the Heisei Era²
2002

Preamble

Since the ascendance of Emperor Jimmu on National Foundation Day,³ our country’s social system has adopted various forms. When considering constitutions as a standard of the nation-state [as one such form], we find ourselves already acquainted with the following two particularly excellent cases of this standard:

The Seventeen-Article Constitution

Established by Prince Shōtoku, this constitution provided a clear indication of the standards that those who would repay their country should maintain. Below is a modernized summary of its text:⁴
1. Harmony should be valued. When superiors and inferiors are in harmony with each other, all things are possible.
2. Believe faithfully in Buddhism.
3. Heaven and Earth are different. Revere the Emperor and obey his imperial commands.
4. Engage in proper conduct.
5. Rule fairly over the people, whether rich or poor.
6. Pay flatterers and deceivers no heed; punish the bad and reward the good.
7. Reward men of means with official status.
8. Labor diligently from early in the morning to late at night.
9. Work with sincerity.
10. Refrain from assuming that those of differing opinion are fools and that one is a sage. First reflect upon oneself.
11. Impartially conduct rewards and punishments.
12. Prohibit the local nobility from imposing public taxes at their own pleasure.
13. Have deep and proper discernment in one’s work.
14. Do not be envious of others.
15. Discard private interests and work for the public good.
16. Consider the situation of the masses when imposing forced labor.
17. Discuss and resolve crucial matters with the many; decide all other matters with the few.

Imperial Oath of Five Articles⁵

The oath that bound the Meiji Emperor and most clearly indicated the form of a modern nation-state.
1. Deliberative assemblies shall be widely established and all matters decided by public discussion.
2. All classes, high and low, shall unite in vigorously carrying out the administration of affairs of state.
3. The common people, no less than the civil and military officials, shall each be allowed to pursue his own calling so that there may be no discontent.
4. Evil customs of the past shall be broken off and everything based upon the just laws of Nature.
5. Knowledge shall be sought throughout the world so as to strengthen the foundations of imperial rule.
Thus did our ancestors provide us with the foregoing wisdom on how a state should be. We must inherit their will. Moreover, we must create an adamantine national polity for a new age that can abolish foreign dominance, humiliation and interference for the protection of our homeland.
The following text outlines the elements that compose our nation’s polity and their various roles as determined by the procedures of governmental management; this shall be our country’s Constitution.
Author’s Comment: We need not seek to make a new Constitution, for in fact our forebears have already created clear and perfect models of this standard of a nation-state. See the two texts above.
Nonetheless, those texts have portions that do not align with the modern situation, such as the injunction to “believe Buddhism”. Yet this article may be interpreted in the same sense as the one from the Imperial Oath of Five Articles on how “Knowledge shall be sought throughout the world so as to strengthen the foundations of imperial rule”. For Buddhism was the foremost imported knowledge (including its architectural techniques and other areas) during the time of Prince Shōtoku.
We should record the development of our country in its Constitution. In doing so, it would be desirable to record the history of our various constitutions in the preamble.
Our country has been formed through several thousand years’ worth of wisdom and effort. This did not suddenly burst forth. When prescribing a constitution as a standard of the nation-state, we must not be so arrogant as to completely sever ourselves from the wisdom of our ancestors.
We should declare clearly that we inherit our ancestors’ wisdom in the preamble, and affirm our respect for them. After that, we should then propose a new national polity that looks toward the future.
In any case, the two texts cited above are impeccable, by any consideration, as standards that that those who would repay their country should maintain. How politicians and public officials should behave is ultimately and perfectly stated in the Seventeen Article Constitution. How a modern nation-state should be is concisely stated in the Imperial Oath of Five Articles. It is all incredibly clear.
This author asserts that moralizing should be ejected from the Constitution. This is because moralizing discourse is already fully present in the Seventeen Article Constitution. There is no need to add dubious sermons on tacky things like “peace” or “human rights”. What we want to accomplish is at most the definition of a national framework that accords with modernity.
What follows is precisely that.

Chapter I. The Emperor

Article 1. (The Emperor)
The Emperor rules Japan as its sovereign and its highest authority.

Author’s comment: This defines the Emperor’s status in the political structure. Through placing the Emperor as the highest authority and the weakest powerholder without the right to stand for democratic election, while also stipulating the people as the highest powerholders, the complete separation of authority (the influence that is the bedrock of the country) and power (those with actual agency in the country) is realized. In this way the rise of a dictatorship (one who holds both authority and power) is completely prevented.
The word “rules” here originates in how the Emperor used to be called the “Sumeramikoto”.⁶
The current Constitution has no stipulations on the head of state. If a constitution is a document supposed to define the national policy, it is a hopelessly amateurish text. This personal draft clearly states that the Emperor is defined as the sovereign and the head of state.

Article 2. (The Imperial Throne)
The position of the Emperor is from a line unbroken for ages eternal⁷ since the antiquity of Japan’s founding and for infinity,⁸ as symbolized by the Three Sacred Treasures of the Imperial regalia.⁹ The Crown Prince shall be a male of the first degree of kinship.¹⁰ Subsequent titles shall proceed in the order of relations.

Author’s comment: This defines the conditions for inheriting the Imperial Throne. Because it is hereditary, no powerholder, regardless of how much influence they have, may become the Emperor. Thus dictatorship can be prevented.
The term “infinity” is likely to produce dissent along the lines of “laws and constitutions are only valid for the duration of their promulgation. There isn’t any place for inserting words like ‘infinity’.” That sounds convincing and reasonable. Obviously, then, the current Constitution’s wording of “forever renounce war” is equally not fit to be legal language.¹¹
However, the Constitution ought to reflect the traditional understanding of a national polity. In Japan’s history from time immemorial the Emperor constitutes its national polity. So I have used “infinity” only in regard to the Emperor.

Article 3. (Regency)
When the Emperor is unable to carry out their official functions, the Crown Prince shall take his place as the Regent.

Article 4.(Official Functions)
The Emperor shall carry out the following official functions. The Diet shall be responsible for items 2, 3 and 7. The Judicial House shall be responsible for items 2 and 5.¹² The people of the domains shall be responsible for item 6. The Cabinet shall be responsible for all other items. The Emperor shall bear no responsibility for any consequence that may arise in their official functions.
1. Performing the Daijōsai, the Nīnamesai and other traditional ceremonies of the Imperial House.¹³
2. Convoking and announcing the opening of sessions for the Diet and the Judicial House.
3. Appointing the Prime Minister nominated by the Diet.
4. Appointing the Cabinet ministers nominated by the Prime Minister.
5. Appointing the Chief Justice of the Supreme Court nominated by the Judicial House.
6. Imperially appointing the domainal governor elected by the people of a domain.¹⁴
7. Promulgating the Constitution, laws, decrees, treaties and domainal divisions authorized by the Diet.
8. Changing the era name.
9. Conferring of decorations, rewards and general amnesty.
10. Attending diplomatic and ritual ceremonies.

Author’s comment: This defines the official functions of the Emperor.

Article 5. (Prohibitions on the Emperor)
The Emperor shall not perform the following acts:
1. Standing for candidacy in an election, or voting.
2. Assuming the position of a member of the Diet, the Prime Minister, a Cabinet minister, a domainal governor, or the Chief Justice of the Supreme Court.
3. Assuming the position of a government official.
4. Declaring support or opposition for any political party, politician or political ideology.
5. Payment of taxation, military service, or civilian service.
6. Abdicating the Imperial Throne in the absence of a Crown Prince who has completed the ceremony of investiture.¹⁵


Author’s comment: This defines the acts [of state] that the Emperor may not perform. The Emperor shall be separated from all power and all temporal affairs.

Chapter II. The People

Article 6. (The People)
The people are the supreme power-holders who constitute Japan.

Author’s comment: This defines the position of the people within the political structure.

Article 7. (Acquisition of Nationality)
Legitimate children of the people shall be members of the people. Legitimate children with one parent who is of the people may become Japanese in the absence of obtaining any other nationality.¹⁶
(2) Furthermore, foreigners who fulfill the following conditions may become naturalized citizens:
1. Pledging loyalty to Japan as their ancestral land.
2. Obtaining the joint approval of the Cabinet and the domain of their residence.
3. Completion of either military service or civilian service.
4. Basic conversant in the Japanese language.
5. Having a guarantor from the people. In case of marriage with a Japanese person, their spouse shall be the guarantor. For ten years following naturalization, the guarantor shall be liable.
6. The absence of a criminal record for at least ten years before naturalization.
In addition, within ten years of naturalization, if multiple households of neighborhood residents or one-hundredth of a domain’s people reject a foreigner’s naturalization, the naturalization will be rescinded.

Author’s comment: This defines the conditions of nationality.

Article 8. (Divestment of Nationality)
The people may divest themselves of their nationality. Once divested, nationality may never be re-obtained.

Author’s comment: This defines the conditions of divesting nationality.

Article 9. (Acts of the People)
The people shall perform the following acts:
1. Standing for candidacy or voting in elections for members of the Diet and members of the Judicial House. Alternately, to abstain.
2. Standing for candidacy or voting in elections for members of a domainal assembly. Alternately, to abstain.
3. Standing for candidacy or voting in elections for domainal governors. Alternately, to abstain.
4. Voting on a constitutional amendment initiated by the Diet. Alternately, to abstain.
5. Payment of taxes.
6. Military service imposed by the Cabinet or civilian service imposed by a domain.
7. Observing the laws and ordinances stipulated by the Diet and domainal assemblies.

Author’s comment: This defines the acts that the people will perform in relation to the political structure. I have added the right to abstain in voting. This is because the freedom to be free of politics is a crucial political freedom. There must be no social system that compels voting such as that of the former Soviet Union.

Article 10. (Prohibitions on the People)
The people may not perform the following acts:¹⁷
1. Assuming the title of Emperor.
2. Compelling the Emperor to speak on political matters.
3. Assuming the status of a domainal governor, the Prime Minister or a member of the Diet without election.
4. Instigation of foreign aggression or conspiracy to overthrow the State.
5. Instigation of foreign interference into domestic government.
6. Interference in government through violence, riot, and any other means not based on elections, candidacy or voting.
7. Tax evasion.
8. Gambling and prostitution.
9. Violating all other laws and ordinances.
10. Discriminating on the basis of birth, sex, race or religion in management, business and other public activities. However, this does not apply to distinctions made on the grounds of ability.
11. Compelling other members of the people to political speech or silence.
12. Possession of slaves.

Author’s comment: This clarifies the substance of instigation of foreign aggression and the continuity of the state. Prohibiting the people from involvement in gambling dens and prostitution makes these industries the sole business of executive organs like the Cabinet and the domains. These industries induce excessive profits and are unsuitable for the private sector. The just administration of gambling and the hygienic management of prostitution will create public revenue.
Under the current Constitution, the Emperor is used indiscriminately for political ends. Mainly by the Ministry of Foreign Affairs and newspaper journalists. The Ministry of Foreign Affairs forces the Emperor to engage in self-humiliating diplomacy and repeatedly compels him to “make apologies”. Journalists, meanwhile, constantly compel the Emperor to make political statements in press conferences.
Item 2 in this list of prohibitions will prevent compelling the Emperor to make political statements, and it is necessary to put a complete stop to this.

Article 11. (National Territory)
Our nation’s national territory shall range from Habomai and Shikotan to Takeshima, Ogasawara and Okinawa. Details are noted in the Regulations on National Territory.¹⁸

Author’s comment: This defines Japan’s national territory. The author is flabbergasted at the number of draft constitutions which fail to define this, the current Constitution included. Without the zone of survival that national territory constitutes, there can be no nation and its people, much less nice ideals.

Article 12. (Management of National Territory)
National territory shall be guaranteed by the Cabinet and managed by the Cabinet and the domains.

Author’s comment: By stipulating that the Cabinet and the domains manage national territory, the vested interests of landlords are curtailed. This benefits tenants and leaseholders and enables the promotion of land use in the public interest. Moreover, the guaranteeing of national territory is a matter of national defense. Clearly stipulating the Cabinet as the guarantor of national territory prevents the negligent management of territory as seen by successive governments with regards to the Northern Territories.

Chapter IV. National Flag, National Anthem and Reign Name¹⁹

Article 13. (National Flag)
The Hinomaru shall be the national flag. Details are noted in the Regulations on the National Flag.

Author’s comment: This defines the national flag. The Constitution should define such fundamental elements of a nation instead of meaningless policies.

Article 14. (National Anthem)
The Kimigayo shall be the national anthem.

Article 15. (Era Name)²⁰
The reign name shall be the era name. The reign name shall be changed when the Imperial Throne is inherited by a successor.

Chapter V. The Government

Article 16. (The Government)
The government shall be a congress for the purpose of upholding Japan, protecting the sovereignty of its state, and publicly realizing the welfare of its people. It shall be entrusted with the authority of the Emperor and the power of the people. In those capacities it shall be divided into the Diet, the Cabinet, the Judicial House, the domains, and the domainal assemblies.

Article 17. (Prohibitions on the Government)
The Diet, the Cabinet, the Judicial House, the domains, the domainal assemblies and all other organs of the government may not perform the following acts. Furthermore, the Diet and the assemblies may not authorize any law or ordinance which permits these acts.
1. Compelling or interfering with the people’s candidacy and their votes.
2. Spying on the content of a ballot before ballot counting, or taking measures that effectively permit doing so.
3. Restricting or interfering with political speech and statements from members of the people who do not belong to government assemblies, or who are not public officials under government jurisdiction.
4. Interfering with the cultural and the economic activities of the people.
5. Ceding the political power of the people, defined as the legislative, executive and judicial powers entrusted to the various government organs by the people, to foreign countries or terrorists. For example, accepting interference by foreign governments or terrorists in the exercise of those powers.
6. Working to benefit specific members of the people. For instance, allowing one particular group of the people to access public information, as in the case of press conferences.
7. Giving undue political power to specific members of the people. For instance, allowing lawyers’ groups and bureaucrats powers of final authority over personnel matters.

[The author’s comment on this article is exceedingly lengthy and is summarized as follows: it denounces the privileged access of reporters to official information, and calls for the government to directly broadcast information to the people instead of going through closed-door press conferences; it then critiques what the author views as the undemocratic elitism of the Japan Federation of Bar Associations (Nichibenren) in their influence on the Supreme Court.]

Chapter VI. Legislation of National Law

Article 18. (The Diet)
The Diet shall be the organization that wields national legislative power on behalf of the people.

Article 19. (Conditions for Establishing the Diet)
The Diet shall be composed of members of the Diet elected by the people. The Diet shall be formed upon convocation by the Emperor. However, all actions of the Diet are invalid in case of foreign interference that impacts the enactment of a constitution, law, ordinance or other matter.
(2) The members of the Diet will consist of one person from each domain.

Author’s comment: This defines the conditions for establishing the Diet as such. The bicameral system shall be abolished because it is useless. The present House of Councillors shall be made into the Judicial House, which may be thought of as a judicial Diet. The Judicial House will conduct reviews of the constitutionality of laws and other such matters. Moreover, election districts will be minimized in the one-domain-one-representative system to prevent the superfluous increase of Diet members.

Article 20. (Matters Performed by the Diet)
The Diet shall perform the following acts. However, any Diet actions deemed unconstitutional by the Judicial House shall be invalid.
1. Resolving and authorizing laws, decrees, and ordinances for reporting to the Emperor.
2. Nominating or dismissing the Prime Minister for reporting to the Emperor.
3. Making domainal divisions for reporting to the Emperor.
4. Appointing assembly heads and other personnel necessary for the management of assemblies.
5. Authorizing the budget bill proposed by the Cabinet.
6. Disclosing the contents of Diet resolutions.
7. Proposing constitutional amendments to the people. When, as a result of a national referendum, the revised constitution garners more votes than the present constitution, the revised contents of the constitution shall be reported to the Emperor.

Article 21. (Prohibitions on Government Assemblies)
The Diet, the Judicial House, the domainal assemblies and all other government assemblies may not perform the following acts:
1. Concealing Diet proceedings and resolutions from the people.
2. Holding Diet proceedings at a venue inaccessible to the people.
3. Interfering with executive and judicial power.
4. Authorizing laws or ordinances on human trafficking.
5. Authorizing laws or ordinances prohibiting opposition parties.
6. Authorizing laws or ordinances that grant extraterritoriality to foreigners residing in Japan.²¹
7. Promulgating resolutions before thirty days have passed from the date of their resolution.

Author’s comment: In order to allow the Judicial House to conduct reviews on constitutionality, laws, decrees, and ordinances require thirty days or more after resolution until their promulgation.

Article 22. (Prohibitions on the Diet)
The Diet may not perform the following act:
1. Making domainal divisions without regard for the cultural background of localities.²²

Article 23. (Prohibitions on Members of Government Assemblies)
Members of the Diet, the Judicial House, the domainal assemblies and all other government assemblies may not perform the following acts:
1. Interfering with the progress of proceedings.
2. Accepting bribes.

Article 24. (Prohibitions on Members of the Diet)
Members of the Diet may not perform the following acts:
1. Jointly serving as a member of the Judicial House.
2. Jointly serving as a member of a domainal assembly.
3. Jointly serving as a domainal governor.

Author’s comment: Joint appointments are disallowed under the principle of the separation of powers.

Chapter VII. Administration of Government Policy

Article 25. (The Cabinet)
The Cabinet shall carry out all administration of government excepting its legislative and judicial functions. All power shall be vested in the Prime Minister. The Prime Minister shall appoint Cabinet officials and public officials of the State and deputize part of the administration of government to them.

Author’s comment: This defines the place of the Cabinet in the political structure. It prevents the recklessness and arbitrary decision-making of many such present Cabinet officials who have demeaned their role as politicians and granted authority over personnel. This will strengthen a social structure where representatives of the people, not Cabinet officials, carry out politics, in other words democracy.

Article 26. (Conditions on Becoming the Prime Minister)
Plan 1: Parliamentary Cabinet
The Prime Minister shall be selected by the nomination of the Diet. They shall assume office after appointment by the Emperor. Their maximum term of office shall be ten years.
Plan 2: Public Election
The Prime Minister shall be elected by the following processes. Their term of office shall be five years and the maximum duration of their office shall be ten years.
1. If the current Prime Minister gets more votes against than for them from the people, or if there is a month left before their term of office expires, the Emperor shall request members of the Diet to openly run in elections for the Prime Minister.
2. Members of the Diet with at least two terms of experience in office shall stand for candidacy on receiving support from at least 20% of all members of the Diet.
3. The Emperor shall announce the election for Prime Minister to the people.
4. The people shall vote.
5. The member of the Diet who earns the greatest amount of votes from the people shall be appointed by the Emperor as the Prime Minister.

Author’s comment: Terms of office are needed to prevent a dictatorship. I have included the ever-fashionable electoral method of choosing a Prime Minister as I have yet to decide on one.

Article 27. (Matters Performed by the Cabinet)
The Cabinet shall perform the following acts:
1. Upholding the Imperial House.
2. Organizing the military to protect the lives and property of the people, as well as national territory, from foreign invasion, terrorism and disaster. It will also prevent occupations by foreign armies and maintain the sovereignty of the state.
3. Maintaining security.
4. Conducting diplomacy.
5. Making and submitting budget bills and bills to the Diet.
6. Carrying out large-scale or broad-based public infrastructural works that cannot be done in a minority of domains.
7. Protecting and promoting cultural activities of the people with national benefit, and assisting in large-scale economic activities.
8. Educating the people about their national culture.
9. Issuing currency.
10. Investigating whether the organizational structure of the domains, the contents of domainal governance, and the acts of the people are in violation of the Constitution, laws and ordinances, and filing suit in the courts therefor.
11. Making domainal divisions for submission to the Diet.
12. Providing public access to information about contractors, contracted work, funds for contracted work and other related government policies.
13. Tax collection and distribution of supplementary funds from the domains to correct for wealth gaps between the domains.
14. Executing criminal penalties issued by the courts and other executive affairs.

Author’s comment: The domains shall fundamentally carry out social welfare and other matters. I have here only noted things that a central government must unavoidably perform, such as national defense and large-scale social infrastructure.
In order to close the gap between domains I propose the collection and distribution of supplementary funds. By making it clear that these funds are to correct for wealth gaps between domains those beggar domains will be made to understand what burdens they are on their fellow domains. We may expect greater efforts to help themselves through this.

Article 28. (Prohibitions on Administration)
The Cabinet, the domains and other executive organs may not perform the following acts:
1. Detaining members of the Diet while the Diet is in session without the approval of the Diet.
2. Detaining members of a domainal assembly while the domainal assembly is in session without the approval of the domainal assembly.
3. Concealing information about contractors, contracted work, and funds for contracted work unrelated to national defense and the maintenance of national security.
4. Giving access to information about individual citizens to a third party. Contractors may not be individuals.
5. Ceding or selling national territory or the people to a foreign country.
6. Distributing supplementary funds in excess of a domain’s tax revenue.
7. Stationing more than one one-hundredth of the Japanese military in a foreign country except in an emergency; allowing a foreign military in excess of the Japanese military to be stationed in Japan except in an emergency.
     8. Ceding national assets in excess of one one-hundredth of the budget to a foreign country; ceding national assets to nuclear weapons states in the vicinity of Japan.²³
     9. Issuing government bonds whose interest is in excess of one one-hundredth of the national budget.
10. Taxation without legal basis.
11. Using budgetary funds without the approval of the Diet.
12. Granting permanent residency to anyone who is not a member of the Japanese people.

[The author’s comment on this article is exceedingly lengthy and is summarized as follows: domains may not receive any more financial assistance than their tax revenue, in order to incentivize them to increase their own income; the Prime Minister shall appoint government personnel to prevent interference with government policy by Cabinet officials; Overseas Development Assistance is an extension of a postwar policy that disadvantages Japan financially; any increase of national debt via the issuing of bonds not governed by the stipulation in item 9 of this article is tantamount to a betrayal of future generations.]

Article 29. (Prohibitions on the Prime Minister)
The Prime Minister may not perform the following act:
1. Appointing a relative within three degrees of consanguinity as a Cabinet official or a member of government.

Author’s comment: This prevents the nepotistic governance which is a tendency of dictatorial states.

Chapter VIII. The Judiciary

Article 30. (The Judicial House)
The Judicial House shall be the organization that wields judicial power on behalf of the people.
(2) The Judicial House and the courts of Japan shall wield judicial power over all extant persons on Japanese soil, regardless of nationality or military status.

Article 31. (Conditions for Establishing the Judicial House)
The Judicial House shall be composed of members of the Judicial House who are elected by the people. The Judicial House shall be formed upon convocation by the Emperor. The Judicial House shall have a maximum of thirty (30) members.

Author’s comment: This defines the conditions for constituting the Judicial House. It is capped at thirty members to prevent the gratuitous increase thereof.

Article 32. (Matters Performed by the Judicial House)
The Judicial House shall perform the following acts:
1. Nominating and dismissing the Chief Justice of the Supreme Court for reporting to the Emperor.
2. Appointing the heads of assemblies and other personnel necessary to the management of government assemblies.
3. Reviewing the constitutionality of legislation, ordinances, judgments and administration.
4. Reviewing the legality of cases where it has determined the necessity thereof.
5. Ordering government assemblies, administration and the courts to execute of the outcomes of its reviews in the foregoing paragraphs.

Author’s comment: Reviewing the constitutionality of judgments here does not refer to judgments on constitutionality, but whether or not the judgment of a court is itself constitutional. In passing, a judge who is deemed to have passed an unconstitutional judgment should be seen as deviating from the will of the people and so demoted to a lower court or removed to a different office. In this way judges may be compelled to render judgments according to the will of the people.

Article 33. (The Supreme Court)
The Supreme Court shall administer justice. All judicial power shall be vested in the Chief Justice of the Supreme Court. The Chief Justice of the Supreme Court shall appoint the judges of the inferior courts to perform part of their judicial power.

Article 34. (Conditions on Becoming the Chief Justice of the Supreme Court)
The Chief Justice of the Supreme Court shall be selected by nomination of the Judicial House. They shall be appointed by the Emperor. The maximum term of office shall be ten years.

Author’s comment: In the current Constitution the Chief Justice of the Supreme Court and the judges of the inferior courts are all appointed by the Prime Minister. This muddies the separation of powers. Draft constitutions that propose the Diet nominate the judiciary creates the same problem. This draft provides for the Judicial House to appoint the Chief Justice of the Supreme Court, and the judges of the inferior courts to be nominated by the Chief Justice of the Supreme Court.

Article 35. (Matters Performed by the Courts)
The courts shall perform the following acts:
1. Reviewing the constitutionality of ordinances, edicts and administration.
2. Reviewing legality.
3. Reviewing compliance with ordinances.
4. Ordering the administration and the people to execute the results of the above reviews.

Article 36. (Prohibitions on the Judiciary)
The Judicial House and the courts may not perform the following acts:
1. Passing a judgment contrary to a judicial precedent of a higher court within ten years of a judgment in a higher court.
2. Having a trial period for a criminal case longer than two years.
3. Having a trial period for all other cases except a criminal case longer than one year.
4. Revealing information about a victim or their bereaved relatives.
5. Ignoring a victim’s request for a private trial.
6. Concealing trials and judgments, except for private trials requested by a victim or their bereaved relatives.
7. Permitting extraterritoriality.

Author’s comment: “Passing a judgment contrary to a judicial precedent of a higher court within ten years of a judgment in a higher court” serves the purpose of preventing legal inequality. It is unfair for a similar case to have a different degree of penalty. Moreover, trial periods are fixed to avoid lengthy trials.

Chapter IX. The Domains

Article 37. (The Domains and the Domainal Governors)
The domains shall be local executive units based on divisions made by the Diet. The domains shall carry out all domainal governance except for the authorization of ordinances. All power shall be vested in the domainal governor. The domanial governor shall appoint the domainal officials and deputize part of the administration of domainal government to them.

Author’s comment: This defines the position of the domains in the political structure. The so-called prefectural system will be abolished. Because it is useless. Central and domainal (local) governments suffice.

Article 38. (Conditions on Becoming a Domainal Governor)
The domainal governor shall be elected by the domainal citizens. They shall assume their position on appointment by the Emperor.

Author’s comment: This defines the conditions for becoming a domainal governor. Appointment by the Emperor is necessary. This is based on the custom in the Edo period where domainal lords had the title of “Lord of [place in Japan]”, which they received from the Emperor before assuming their position (however, the place name in their title bore no relation to the domain they governed.) I have made the title relevant to their land, such that the domainal governor of Namba shall be the “Governor of Namba” and the domainal governor of Setagaya shall be the “Governor of Setagaya”.

Article 39. (Matters Performed by the Domains)
The domains shall perform the following acts:
1. Making and submitting budget bills and bills to the domainal assemblies.
2. Carrying out public welfare.
3. Maintaining social infrastructure.
4. Protecting and promoting the traditional cultural activities of the domainal citizens.
5. Assisting the domainal citizens with their economic activities.
6. Educating the domainal citizens on their local culture.
7. Providing public access to information about contractors, contracted work, funds for contracted work and other related domainal policies.
8. Preventing the inducement of starvation and infringement of human rights for the domainal citizens.
9. Gambling, prostitution, and public utility works.
10. Cooperating with the Cabinet on national crisis defense.

Article 40. (Prohibitions on the Domains)
The domains may not perform the following acts:
1. Seceding from Japan.
2. Providing education or instigation against the State or the people.
3. Preventing citizens of other domains from entering a domain without the authorization of the Cabinet.
4. Prohibiting citizens of other domains from moving to a domain without the authorization of the Cabinet.
5. Forming a military or a domainal defense organization in possession of lethal weapons without the authorization of the Cabinet.
6. Interfering with the investigations of the Cabinet or the judiciary.
7. Ceding or selling domainal territory or the domainal citizens to other domains or to foreign countries.
8. Neglecting to cooperate with the Cabinet in the management of national crisis defense.

Chapter X. Legislation of Ordinances

Article 41. (The Domainal Assemblies)
The domainal assemblies shall be organizations that carry out the ordinance-making and legislative power of the domainal citizens.

Article 42. (Conditions for Establishing the Domainal Assemblies)
The domainal assemblies shall be composed of members of the domainal assemblies elected by the domainal citizens.

Author’s comment: This defines the conditions for forming a domainal assembly as such.

Article 43. (Matters Performed by the Domainal Assemblies)
The domainal assemblies will perform the following acts:
1. Resolving on, authorizing and promulgating ordinances.
2. Appointing the assembly heads and other personnel necessary to the management of domainal assemblies.
3. Authorizing the budget bill proposed by the domainal governor.
4. Providing public access to information about domainal assembly resolutions.

Chapter XI. Public Officials

Article 44. (Public Officials)
Public officials, including the Prime Minister, the Chief Justice of the Supreme Court, the domainal governors, shall be members of the people who carry out their functions as representatives of the people.

Article 45. (Appointment of Public Officials)
Public officials shall be appointed and dismissed by the Prime Minister, the Chief Justice of the Supreme Court, the domainal governors, and other supreme authorities in their various jurisdictions. Public officials must be members of the people who have completed either military service or civilian service.

[The author’s comment on this article is exceedingly lengthy and is summarized as follows: there is an argument for the centralization of authority in each jurisdiction, particularly in the office of the Prime Minister; the right to appoint personnel is linked to the protection of the authority of high office and prevent dissent in the ranks. South Korea’s mandatory military service is cited as an example of how and why national service should be instituted to cultivate patriotism in public officials; the author also desires that women should be given the opportunity to become public officials after completing civilian service such as eldercare.]

Article 46. (Prohibitions on Public Officials)
Public officials may not perform the following acts:
1. Damaging the authority of the Emperor.
2. Damaging the political power of the people. In other words, to ignore or to work against the orders of the Prime Minister, the Chief Justice of the Supreme Court, the domainal governors, and other representatives of the people in their jurisdiction.
3. Engaging in political, ideological and religious activities for the duration of their office.
4. Accepting bribes.
5. Misappropriation of public resources. In other words, the embezzling of material resources, real estate or funds owned by the government, as well as engaging in union activities or other private affairs during work hours.
6. Using the authority of public office for private objectives.
7. Receiving employment in any organization contracted for public work, or any entity that does business with such an organization, for the duration of and after resignation from office.
8. Becoming management personnel or a shareholder of any organization contracted for public work, or any entity that does business with such an organization.

Chapter XII. Political Parties

Article 47. (Political Parties)
Political parties shall be assemblies of the people who share common political principles. They shall put forward candidates for various categories of elections, and aim to realize their political principles.
(2) Any political organization that fulfills the foregoing conditions, and which has in fact assembly members and an executive head, shall be considered a political party even without self-identifying as such.

Article 48. (Prohibitions on Political Parties)
The political parties may not perform the following acts:
1. Selecting the supreme authority or leader of a party by any method other than a secret election by the members of a party.
2. Prohibiting the members of a party from criticizing the central administration of a party, the policies of a party, or the political principles of a party.
3. Plotting to seize political power by any means other than an election, such as revolution, instigation of riots, or solicitation of foreign interference.
4. Brainwashing members of a party by confinement or intimidation.
5. Forming a military organization.

Author’s comment: This article essentially forbids dictatorial political parties. The Communist Party would surely oppose a draft constitution that proposes this. Well and good. The article above is an exceedingly ordinary requirement of political parties in a democratic state. The Communist Party’s opposition to this will signal to all that they are a dictatorial political party. In any case, the Communist Party will undoubtedly oppose the enactment of a new Constitution. Including this article in this present draft of a new constitution can advertise that the Communist Party’s opposition to enacting a new Constitution is no more than a dislike of an article prohibiting dictatorial political parties.