NAKASONE Yasuhiro (1955)

中曽根康弘

Nakasone Yasuhiro¹
Revised Draft Outline for an Autochthonous Constitution²

We, the Japanese people, seek the universal principles of mankind, such as respecting peace and revering one’s character, while respecting our unique history and native traditions.
We shall establish the foundation of sovereign independence and govern the nation based on [the principle] of democracy. We implement this Constitution based on the will of the people with whom resides sovereign power.
(2) We, the Japanese people, shall bear in mind an eternal peace in the world based on justice and order, and we shall therefore sincerely abide by [the principle of] international good faith,³ contribute to international cooperation, and bear our share of the responsibility to promote the common prosperity of mankind.
(3) Governing the nation is a noble act based on the trust of the people. We shall always respect fundamental human rights, and seek to reconcile personal freedom and the public welfare. We the people, together as one, pledge to observe this Constitution, and establish a freedom- and peace-loving welfare state.

The Emperor

The Emperor shall be the head of State, deriving his position from the will of the people with whom resides sovereign power, and the national representative of Japan.
(2) The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Act passed by the Diet.⁴
(3) The Emperor, with counsel of the Cabinet, shall perform acts related to the proceedings of the State as are provided for in this Constitution, and the Cabinet shall be responsible therefor.
(4) The Emperor may also perform the following acts based on the counsel of the Cabinet:
1. Promulgating the budget.
2. Declaring war and peace.
3. Declaring a state of emergency and the promulgating emergency orders.
4. Ratifying treaties.
5. Conferment of the appointment and dismissal of Ministers of State and other public officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
6. Receiving⁵ the credentials of foreign ambassadors and ministers.
7. Carrying out general and special amnesty, commutation of punishment, reprieve, and restoration of rights.

The People, and Their Rights and Duties

The State shall guarantee education expenses [of the people] up until the highest level of education correspondent to their ability and economic circumstances, as provided by law.
(2) The State shall strive to create a balanced development which is conducive to improving the economy of every person in accordance with the size of corporations.
(3) Corporations that make special agreements regarding profit sharing, participation in management, etc., may decide not to recognize a worker’s right to strike during a labor dispute.
(4) The family is the moral foundation that makes society. It is held together by affection and virtue, and the happiness of each person is a mutual responsibility.
(5) The State shall give freedom to the youth and be especially mindful of their healthy development.
(6) In order to prevent a decrease in farmland, a special regulation regarding inheritance may be established according to the law.

Preserving the Security of the Nation

Sincerely bearing in mind the preservation of peace, the Japanese people forever renounce the threat or use of force as means of settling international disputes.
(2) The Japanese People shall have the obligation to defend the nation. The [size of] the Defense Force shall correspond to the strength of the nation. Its command and composition, rules, and military strength shall be determined by law.
(3) If an emergency situation occurs, the Cabinet may issue a state of emergency. The conditions of the state of emergency and its validity shall be determined by law.

The Creation of Value

In order to create new value, contribute to the culture of mankind, and enrich the people’s standard of living, labor, science and technology, and the arts shall be respected and promoted.

The Diet

The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State.
(2) Members of the Diet are representatives of all the people and not of any group thereof. Imperative mandates are prohibited, as provided for by law.
(3) The term of office of members of the House of Councillors shall be four years. [The appointment] of a member by recommendation is permitted, but that member may not be a member of a political party, as provided for by law.
(4) Members of the House of Councillors may not select Minister of State or parliamentary officials.
(5) The approval of appointments of judges to the impeachment court and specific high-level public officials are matters under the exclusive control of the House of Councillors.
(6) The Cabinet must not dissolve [the Diet] two consecutive times for the same reason.
(7) The adoption of a non-confidence resolution shall require [approval by] a majority of two-thirds or more of the members of the House of Representatives in a special session of the Diet.
(8) A declaration of war shall require the prior approval of the Diet. A declaration of a state of national emergency and the mobilization of the Defense Force shall require the prior or subsequent approval of the Diet.

The Cabinet

The designation of the Prime Minister shall take place in the House of Representatives and [the Prime Minister] shall be designated from among the members of the House of Representatives. The Emperor shall appoint [the Prime Minister] based on this designation.
(2) A majority of the Ministers of State must be members of the House of Representatives. The Emperor shall appoint [the Minister of State] based on the designation of the Prime Minister. The Prime Minister’s power to dismiss the Ministers of State shall be maintained.
(3) Members of the military on active duty may not be Ministers of State.
(4) The Prime Minister shall have authority over the command (based on the authorization of the Diet), composition, maintenance, and the functions of the National Security Council.
(5) The Cabinet may issue orders in the place of law in the event of an emergency situation while the Diet is closed. [The Cabinet] shall seek approval for such during the Diet’s next session. If [the Diet does not] approve [said orders], such order shall become ineffective from then on.
(6) The Prime Minister shall be called the Chief of the Cabinet and Ministers of States shall be called Chiefs of State.

The Judiciary

The establishment of extraordinary tribunals, such as military courts, etc., shall be permitted, as provided for by law.
(2) The people’s review of judges of the Supreme Court shall be abolished. Such screening shall be transferred to the House of Councillors.
(3) If there is a risk that an open trial is a danger to public order and decency, the judges may decide unanimously to conduct the trial privately.

Finance

With regard to increasing the budget, government opposition [to such an increase] shall require a majority of two-thirds or more of the members of both Houses.
(2) If the budget has not been passed at the beginning of the fiscal year, the budget from the previous fiscal year shall be implemented with the subsequent consent of the Diet until a new budget is passed.
(3) The budget shall also be promulgated.
(4) Public money and other property may be expended or appropriated for private charitable, educational or benevolent enterprises.
(5) Final accounts shall be submitted to the Diet and shall require the consent of both Houses.
(6) If convoking the Diet is impossible or difficult during a state of emergency, the government’s responsibility of expenditure shall be permitted, and subsequent consent of the Diet may be requested.

Local Self-Government

The types of local public entities shall be determined by law.
(2) The chief executive officers of all local public entities shall be elected by direct popular vote by the residents, as provided for by law.
(3) The consent of the majority of the voters of a local public entity required to enact a special law applicable only to one local public entity shall be limited to the specifications of a law.

Amendments

If the number of approvers surpasses more than one-half in either House and does not reach a two-thirds [majority], then [the amendment] shall be submitted to the people for ratification. If approval exceeds a two-thirds [majority] in either house, then it is not necessary to submit [it] to the people for ratification.