2004

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Partial Draft

NAKATANI Gen

中谷元

NAKATANI Gen1
Constitution Draft by a Leader of the Japan Ground Self-Defense Force, Made at the Request of Former Defense Minister Nakatani Gen2
December 7, 2004


Chapter X. Security

Article X.(The Disavowal of Wars of Aggression)
Japan disavows the threat or use of force as a means of settling international disputes (war).

Article X. (Collective Security)
In order to maintain peace and security, Japan may enter into a collective security system.

Article X. (The Establishment of a Military and its Powers)
In order to defend the nation, Japan shall establish a military (land, sea, and air forces shall be established)
(2) When the military acts in accordance with the provision of the preceding article and for the defense of our country, it may use the right of collective self-defense.
(3) The duties, organization, equipping, operations, and powers of the military shall be prescribed by law.
(4) The status of military personnel shall be prescribed by law.

Article X. (The Authority to Control and Supervise the National Defense Forces)
(The Prime Minister)
The Prime Minister, representing the Cabinet, has the supreme authority to control and supervise the National Defense Forces.3
(2) The Prime Minister and other Ministers of State must be civilians.

Article X. (A State of National Emergency)
Systems related to the defense of our country and other states of emergency shall be prescribed by law.
(2) During a state of national emergency, which has been prescribed by law, the Prime Minister shall, in accordance with the procedures provided by law, declare a state of emergency in Japanese territory and specified regions, and report to the Diet.


Chapter X. Judiciary

Article X. (Judicial Power)
Judicial power is vested in a Supreme Court and in such inferior courts and extraordinary tribunals as are established by law.

Article X. (Extraordinary Tribunals)
The jurisdiction vested in extraordinary tribunals shall be prescribed by law.


Chapter X. The People’s Duty to Defend the Nation

Article X.
All people shall be obligated to defend the nation, as prescribed by law (the people shall be obligated to take the necessary actions to defend our country as prescribed law and during other states of emergency).