Nippon Seinen Kaigisho: Junior Chamber International Japan (JCIJ)
Japan, embraced by the sea on all sides, and based on a land beautifully adorned with rich nature, reveres a line of Emperors unbroken for ages eternal3 as the symbol of the unity of the Japanese people; its people have united to make it a proud country with few peers in the ancient eternity of its history and customs.
We, the Japanese people, treasure harmony, consider others, respect the public good, wield propriety, admit diverse notions and customs, and elevate our unique tradition and culture to build an abundant society.
We hold the certainty that Japan should be an international leader who takes a frontal role in global society, using its authority as an autonomous and independent country, accomplishing its duties, mutually respecting all other territories on earth while seeking to eradicate poverty and carnage everywhere, and simultaneously contributing to the peace of the entire world.
We, the Japanese people, are the sovereigns of the land, inheriting the ancient immanence of its history and the pride of its customs; to further its development and succession in present and future time, since the Imperial Oath of Five Articles,4 and grounded in the constitutionalism of the Constitution of the Empire of Japan and the Constitution of Japan, we hereby enact a new, autochthonous Constitution of Japan.
Chapter I. The Emperor
Article 1. (The Status of the Emperor)
The Emperor is Japan’s head of state, the symbol of the unity of the Japanese people, and this status shall last in perpetuity.5
Article 2. (Imperial Succession)
The Imperial Throne shall be dynastically succeeded to in accordance with the Imperial House Law.6
Article 3. (Authority of the Emperor)
The Emperor shall perform such acts in matters of state as are provided for in this Constitution.7
(2) The Emperor may delegate the performance of their acts in matters of state as may be provided by the Imperial House Law.8
(3) The Cabinet shall advise all acts of the Emperor in matters of state, and it shall be responsible therefor.9
Article 4. (Regency)
When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform their acts in matters of state in the Emperor's name.10
Article 5. (Appointment Rights of the Emperor)
The Emperor shall appoint the Prime Minister as designated by the House of the People.11
(2) The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Cabinet.
Article 6. (Principles on Matters of State for the Emperor)
The Emperor, based on the advice of the Cabinet, shall perform the following acts in matters of state:12
1. Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
2. Convocation of the Diet.
3. Dissolution of the House of the People.
4. Proclamation of general election of members of the House of the People.
5. Issuance 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. Welcoming various foreign heads of state and receiving ambassadors and ministers.13
10. Performance of ceremonial and ritual functions.
Chapter II. Rights and Duties of the People
Article 7. (Conditions of National Citizenship)
The conditions necessary for being a Japanese national shall be determined by law.
Article 8. (Fundamental Human Rights of the People)14
The people shall not be prevented from enjoying any of the fundamental human rights that are conferred upon them as individuals by the State, or from being respected as a member of the collective. These fundamental rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations through the ceaseless efforts of the people, who bear the duty of passing down these rights to their descendants.
(2) The people shall refrain from any abuse of the rights set forth in the preceding paragraph, and constantly bear the duty of using these rights for maintaining public order and public benefit.15
(3) The fundamental rights of the people and other rights shall be respected to the extent that they pose no detriment to national security, the maintenance of public order and the public benefit, or during a state of emergency as stipulated in Chapter 9 of this Constitution.16
Article 9. (Common Duty)17
The people shall bear the common duty of wielding a selfless spirit in unity to resolve the interests of country, community and generations.
Article 10. (Sovereignty of the People)
The people shall be sovereigns of the country who possess the right to participate in the management of the State.
Article 11. (Right to Choose and Dismiss Public Officials)
Japanese nationals have the right to choose and to dismiss their Members of the Diet, heads of local governing bodies and members of their assemblies, and other public officials.18
(2) Public officials shall bear the obligation to swear loyalty to Japan, respect its fundamental order, abandon self-interest, increase the national interest, and protect the rights of the country and the people.19
(3) Universal adult suffrage is guaranteed with regard to the election of public officials.
(4) In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.
Article 12. (Equality Before the Law)
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.20
(2) No privilege shall accompany any award of honor, decoration or any distinction.21
Article 13. (Right to Petition)22
The people 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 14. (Right to Petition for State Redress)23
Every person may sue for redress as provided by law from the State or a local governing body, in case he has suffered damage through illegal act of any public official.
Article 15. (Freedom of Thought and Conscience)24
Freedom of thought and conscience shall not be violated.
Article 16. (Freedom of Religion)
Freedom of religion is guaranteed. No religious organization shall receive any privileges from the State, nor exercise any political authority.25
(2) The State shall refrain from compelling the people to take part in any religious act, celebration, rite or practice.26
(3) The State and its organs shall refrain from religious education that exceeds the bounds of social courtesy or customary acts, or any other religious activity that aids, abets or promotes a particular religious order.27
Article 17. (Freedom of Expression)28
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 18. (Right to Noninterference in Private Affairs, Moral Rights and Right to Non-Defamation)
Every person shall have the right to be free from arbitrary interference in their private affairs, as well as the right to have their honor and character respected.29
Article 19. (Freedom to Choose and Change Residence, Move to Foreign Countries, Divest Nationality, Prohibition on Deportation)30
Every person shall have freedom to choose and change their residence.
(2) The people shall be free to move to a foreign country and to divest themselves of their nationality.
Article 20. (Freedom of Occupation and Business)
Every person shall have freedom to choose their occupation and conduct business.
Article 21. (Academic Freedom)
Academic freedom is guaranteed.
Article 22. (Principles of Marriage and Family)
The family is the basis of the community, and every person must endeavor to maintain the family to which they belong, as well as to strengthen the bonds between its members.
(2) Marriage shall be based on the mutual consent of both sexes and it shall be maintained through mutual cooperation.31
(3) With regard to choice of spouse, property rights, inheritance, choice of domicile, marriage, divorce and other matters pertaining to the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.32
Article 23. (Right to Live)
The people shall have the right to maintain the minimum standards of wholesome and cultured living.33
(2) The State shall support the lives of the people when they cannot subsist independently even with the mutual aid of their fellow citizens.34
Article 24. (Environmental Rights)
All people shall have the right to enjoy a good environment, and bear the duty to preserve it.35
(2) The State shall implement policies to preserve a good environment.
Article 25. (Right to and Obligation of Education)
The people shall have the right to receive an equal education correspondent to their ability, as provided by law.
(2) The people shall be obligated to provide home education to all children under their protection, and have them receive ordinary education as provided for by law. Compulsory education provided by public institutions shall be free.36
Article 26. (Duty of Social Contribution)
The people shall endeavor to use the education they receive to contribute to society.
Article 27. (Respect for Culture)
The people shall bear the duty of respecting the history, traditions and culture of our country, and pass them down to their descendants.
(2) The State shall encourage the protection and development of history, culture and the arts.
Article 28. (Right to and Duty of Employment)
The people shall have the right and the obligation to work.37
(2) Standards for wages, hours, rest and other working conditions shall be fixed by law.
(3) Children shall not be exploited.
Article 29. (Harmonization of Management and Labor)38
The right of workers to organize and to bargain and act collectively is guaranteed.
(2) Labor and management shall cooperate to increase contributions to society and the welfare of workers.
Article 30. (Property Rights)
The right to own or to hold property, tangible or intangible, is guaranteed.39
(2) Private property may be taken for public use upon appropriate compensation therefor.40
(3) The people shall not in any case use their property rights against the national interest.41
Article 31. (Right and Obligation to Preserve Territorial Possessions)
The people shall bear the right and the duty to retain the sovereignty of Japan by preserving its territorial land, sea and airspace. The State shall bear the same duty.
Article 32. (Taxpaying Obligation)
The people shall be liable to taxation as provided by law.42
Article 33. (Guarantee of Legal Procedure)
No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.43
Article 34. (Right of Access to the Courts)
Every person shall have in principle the right to access the courts as stipulated in the Constitution to receive a public and fair hearing.44
Article 35. (Conditions of Apprehension)
No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.45
Article 36. (Prohibition of Forced Confession, Limits on Evidential Capacity of Confession)
The courts shall not admit in evidence confession made under compulsion, torture or threat, or after prolonged arrest or detention.46
Article 37. (Prohibition on Ex-Post Facto Law)
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.47
Article 38. (Right to Petition for Criminal Indemnity)
Any person, in case he is acquitted after he has been apprehended or detained, may sue the State for redress as provided by law.48
Article 39. (Criminal Relief)
Victims of criminal acts that damage life or limb, or their bereaved relatives, may receive aid from the State as provided for by law.
Article 40. (Rights of Foreign Nationals)
Foreign nationals residing in Japan shall enjoy the rights guaranteed by this Constitution in terms of their wording and nature, excepting those reserved for Japanese nationals.
Chapter III. National Security
Article 41. (Right to Self-Defense)49
Aspiring sincerely to an international peace based on justice and order, the Japanese people disavow all aggressions against other countries.
(2) As a sovereign state, Japan has the right to individual and collective self-defense, and may wield it for the purpose of protecting its independence, national interest, or the lives of its people and its property, as based on international law, or against the use of force toward itself or foreign countries with which it has close relations.
Article 42. (The Military)
The State shall maintain a military for the purposes stipulated in the preceding article.50
(2) The supreme command of the military shall be vested in the Prime Minister.
(3) Military use of the right to self-defense requires, depending on circumstances, advance or subsequent authorization from the Diet.
(4) The military may participate in communal activities organized by international organs for the purpose of sustaining international peace.
(5) A military court shall be established to conduct trials related to military affairs as provided for by law. However, military trials shall be subject to the provisions in Article 33 and Article 38.
Chapter IV. The Diet
Article 43. (Status of the Diet)51
Legislative power shall be vested in the Diet.
Article 44. (Bicameralism)52
The Diet shall consist of two Houses, namely the House of the People and the House of Councillors.
Article 45. (Organization of Both Houses)
The House of the People shall consist of elected members, representative of all the people, and the House of Councillors shall consist of representatives of local governing bodies as provided by law.
(2) The number of the members of each House shall be fixed by law.
Article 46. (Qualifications of Diet Members and Electors)53
The qualifications of members of both Houses 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 47. (Terms of Office for Members of the House of the People)54
The term of office of members of the House of the People shall be four years. However, the term shall be terminated before the full term is up in case the House of the People is dissolved.
Article 48. (Terms of Office and Voting Rights for House of Councillors)55
The term of office of members of the House of Councillors shall conform to that of the head of the local governing body that each member is affiliated with.
Article 49. (Matters Pertaining to Elections and Related Affairs)56
Electoral districts, method of voting and other matters pertaining to the method of election or selection of members of both Houses shall be fixed by law.
Article 50. (Prohibition on Serving Concurrent Office in Both Houses)57
No person shall be permitted to be a member of both Houses simultaneously.
Article 51. (Annual Payment of Diet Members)58
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.
Article 52. (Immunity from Arrest of Diet Members)59
Except in cases provided by law, members of both Houses 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 House.
Article 53. (Exemption of Responsibility for Statements and Votes)60
Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.
Article 54. (Ordinary Sessions)61
An ordinary session of the Diet shall be convoked once per year.
(2) The term of an ordinary session shall be provided by law.
Article 55. (Extraordinary Sessions)62
The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation.
Article 56. (Dissolution of the House of the People and General Elections for House Members, Special Sessions and Emergency Sessions)
When the House of the People is dissolved, there must be a general election of members of the House of the People within forty (40) days from the date of dissolution, and a special session of the Diet must be convoked within thirty (30) days from the date of the election.63
(2) When the House of the People is dissolved, the House of Councillors is closed at the same time. However, the Prime Minister may in time of national emergency convoke the House of Councillors in emergency session.
(3) Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall become null and void unless agreed to by the House of the People within a period of ten (10) days after the opening of the next session of the Diet.64
Article 57. (Examination of Qualification Disputes)65
Each House 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 58. (Quora and Resolutions)66
Business cannot be transacted in either House unless one-third or more of total membership is present.
(2) All matters shall be decided, in each House, 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 59. (Public Availability of Proceedings, Closed-Door Sessions, Minutes of Proceedings, Records of Resolutions)67
Deliberation in each House 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) Each House 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 60. (Selection of Officials, Diet Regulations, Punishments)68
Each House shall select its own president and other officials.
(2) Each House shall establish its rules pertaining to meetings, proceedings 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 61. (Passage of Bills)
A bill becomes a law on passage by the House of the People, except as otherwise provided by the Constitution. However, a bill that requires the approval of the House of Councillors must be passed by both Houses to become a law.69
(2) Bills that require the approval of the House of Councillors are provided as follows:
1. Bills regarding taxation in local governing bodies.
2. Bills regulating the organization or administrative procedures within the offices of local governing bodies.
3. Bills executing the provision of public affairs in local governing bodies.70
4. National budget bills.
5. Treaty formation.
Article 62. (Superiority of the House of Councilors Regarding Specified Bills)
Bills specified in clause 1 and 3 of paragraph 2 in the preceding article must first be submitted to the House of Councillors.
(2) Regarding bills first deliberated in the House of Councillors, in cases where the resolution differs from that of the House of the People, as provided for by law, where no unified resolution is passed even following a joint session of both Houses, or when the House of the People fails to pass a resolution within thirty (30) days of receiving a resolution from the House of Councilors, excepting periods where the Diet is out of session, the resolution passed by the House of Councillors shall be considered as that of the Diet as a whole.
Article 63. (Superiority of the House of the People Regarding Budget Bills)
A budget bill must first be submitted to the House of the People.71
(2) Upon consideration of the budget, when the House of Councillors makes a decision different from that of the House of the People, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or in the case of failure by the House of Councillors to take final action within thirty (30) days, the period of recess excluded, after the receipt of the budget passed by the House of the People, the decision of the House of the People shall be the decision of the Diet.72
Article 64. [Superiority of the House of the People Regarding Treaty Approvals]
The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.73
Article 65. (Government Investigation Rights of the Diet)74
Both Houses may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records at the request of one-third or more of the joint total of their members.
Article 66. (Right to and Obligation of Diet Attendance for Ministers of State)75
The Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills. They must appear when their presence is required in order to give answers or explanations.
Article 67. (Impeachment Courts)76
The Diet shall set up an impeachment court from among the members of both Houses 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 68. (Political Parties)
Political parties shall play a leading role in shaping the people’s political awareness, and must endeavor to respect national interest and national sovereignty.
(2) Political parties must clarify their basic position on national policy and administration during elections for the House of the People.
(3) The conditions concerning the formation of political parties shall be determined by law.
Chapter V. The Cabinet
Article 69. (Executive Power)77
Executive power shall be vested in the Cabinet.
Article 70. (Organization of the Cabinet, Responsibility to the Diet)78
The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law.
(2) The Prime Minister and other Ministers of State must be civilians.
(3) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.
Article 71. (Designation of the Prime Minister)79
The Prime Minister shall be designated from among the members of the House of the People by a resolution of the House of the People. This designation shall precede all other business.
Article 72. (Appointment and Removal of Ministers of State)80
The Prime Minister shall appoint the Ministers of State. However, a majority of their number must be chosen from among the members of the House of the People.
(2) The Prime Minister may remove the Ministers of State as he chooses.
Article 73. (Dissolution Power of Prime Minister)
The Prime Minister may advise the Emperor on dissolving the House of the People.81
Article 74. (Effect of Non-Confidence Resolution on Cabinet)82
If the House of the People passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of the People is dissolved within ten (10) days.
Article 75. (Absence of Prime Minister and Resignation En Masse of Cabinet With Convocation of New Diet)83
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 House of the People, the Cabinet shall resign en masse.
Article 76. (Acting Deputy of the Prime Minister)84
If the Prime Minister is incapacitated, or there is a vacancy in the post of Prime Minister, a Minister of State of prior designation shall temporarily perform the functions of the Prime Minister.
Article 77. (Cabinet Functions Following Resignation En Masse)85
In the cases mentioned in the three preceding articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.
Article 78. (Functions of the Prime Minister)86
The Prime Minister, representing the Cabinet, submits bills and other measures, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.
Article 79. (Functions of the Cabinet)
The Cabinet, in addition to other general administrative functions, shall perform the following functions:87
1. Administer the law faithfully; conduct affairs of state.
2. Manage foreign affairs. However, in the process of so doing, endeavor to maintain national interest.88
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. Submit bills to the Diet.
6. Prepare the budget bill, and present it to the Diet.89
7. Enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
8. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Article 80. (Signing of Laws and Cabinet Orders)90
All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister.
Article 81. (Privilege of Ministers of State)91
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.
Chapter VI. The Courts
Article 82. (Judicial Powers, Independence of Judges)92
The whole judicial power is vested in a Supreme Court and a Constitutional Court and in such inferior courts and military courts as are established by law.
Article 83. (Special Courts and Independence of Judges)
The Constitutional Court and the military courts stipulated in the preceding article shall be distinguished from ordinary courts with the status of special courts.
(2) No organ or agency of the Executive shall be given final judicial power.93
(3) All the judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
Article 84. (Judicial Review Power of Constitutional Court)94
The Constitutional Court is the court of last resort with power to determine the constitutionality of any treaty, law, order, regulation or official act.
Article 85. (Validity of Constitutional Court Judgements on Unconstitutionality)
If the Constitutional Court determines that any treaty, law, order, regulation or official act is unconstitutional, the State is bound by its decision.
Article 86. (Rule-Making Power of Supreme Court)95
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, lawyers and other personnel of the courts shall be subject to the rule-making power of the Supreme Court.96
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.
(4) The Supreme Court shall in principle yield rule-making powers for the Constitutional Court and military courts to those courts respectively.
Article 87. (Supreme Court and Constitutional Court Judges, Terms, Retirement, Remuneration)97
The Supreme Court and the Constitutional 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 of the Supreme Court shall be appointed by the Cabinet.
(2) The judges of the Supreme Court and the Constitutional Court 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.98
(3) The judges of the Supreme Court and the Constitutional Court shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.99
(4) The judges of the Supreme Court and the Constitutional Court shall, following their appointment, be reviewed by the people as provided for by law.100
(5) In reviews mentioned in the foregoing paragraph, when a judge is deemed deserving of a dismissal, he shall be dismissed.101
Article 88. (Inferior Court and Military Court Judges, Terms, Retirement, Remuneration)102
The judges of the inferior courts and the military courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court.
(2) The judges of the inferior courts and the military courts 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.
(3) The judges of the inferior courts and the military courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 89. (Guarantee of Status of Judges)103
Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform their official functions. No disciplinary action against judges shall be administered by any executive organ or agency.
Article 90. (Public Access to Trials)104
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 II of this Constitution are in question shall in principle be conducted publicly.
Chapter VII. Finance
Article 91. (Fundamental Principles of Finance)105
The power to administer national finances shall be exercised as the Diet shall determine.
Article 92. (Principle of No Taxation Without Law)106
No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
Article 93. (National Expenditure and Debt Burden)107
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 94. (Budget Bills, Continuing Expenditure)108
The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget bill for the subsequent fiscal year.
(2) If a resolution on the preceding clause is not reached before the start of the fiscal year, the Cabinet may make necessary expenditure as provided for by law.
(3) The Cabinet must get subsequent approval of the Diet for all expenditure as stipulated in the preceding clause.
(4) If there is special need to make continuous expenditure, its term must be fixed and it must be passed by Diet resolution as continuing expenditure.
Article 95. (Reserve Funds)109
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 Cabinet.
(2) The Cabinet must get subsequent approval of the Diet for all payments from the reserve fund.
Article 96. (Property of the Imperial House, Imperial House Expenditure)110
In principle, all property of the Imperial Household shall in principle belong to the State. Expenses of the Imperial Household from the national treasury shall be appropriated by the Diet in the budget bill.
Article 97. (Limits on Use of Public Money and Other Public Property)111
No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association not under the control of public authority that exceeds the bounds of social courtesy or customary acts.112
Article 98. (Expenditure Auditing, Board of Audit of Japan)113
Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and submitted by the Cabinet to the Diet, together with the statement of audit, during the fiscal year immediately following the period covered.
2) The organization and competency of the Board of Audit shall be determined by law.
Article 99. (Finance Reports)114
At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of national finances.
Chapter VIII. Local Self-Government
Article 100. (Fundamental Principles of Local Governing Bodies)115
Local self-government shall be based in the participation of the people who are residents of a locality and groups thereof in self-government.
(2) The organization of local governing bodies shall be classified into broad-based governing bodies and basic governing bodies respectively.
(3) Residents shall enjoy the provision of services from the local governing body of their affiliation, and bear the obligation to share any burden thereof.
Article 101. (Mutual Cooperation of the State and Local Governing Bodies)
Local governing bodies must work in pursuit of the national interest and the benefit of local residents in mutual cooperation with the State.
Article 102. (Organization of and Direct Popular Vote for Local Governing Bodies)116
The local governing bodies shall establish assemblies as their deliberative organs, in accordance with law, and as legislative organs for ordinances and other matters of weight concerning local governing bodies.
(2) The chief executive officers of all local governing bodies, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote of the Japanese nationals residing within their several communities.117
Article 103. (Competence of Local Governing Bodies)118
Local governing bodies shall have the right to manage their property, affairs and administration and to enact their own regulations provided they conform to the spirit of the law.
(2) Local self-governing bodies may impose taxation by ordinance for the purpose of wielding their competence.
Article 104. (Finances of Local Governing Bodies)
The expenditure of local governing bodies shall be based in taxation as provided for by ordinances and the property of each local governing body, which may be used as part of their financial resources. These finances shall be managed and maintained in sound manner.
Chapter IX. State of Emergency
Article 105. (Declaring a State of Emergency)
The Prime Minister may declare a state of emergency subsequent to obtaining a Cabinet resolution therefor, in cases where it has been reasonably determined a state of emergency should be declared, including acts of force against our country by foreign countries, civil unrest instigated by foreign countries, internal conflict or natural disasters on a large scale, and related situations.
(2) Declaring or revoking a state of emergency as stipulated in the preceding paragraph shall require obtaining prior or subsequent approval from the Diet within a reasonable and swift period of time, as provided for by law, and in view of the recovery process from such a state.
(3) Upon recovery from the state of emergency stipulated in paragraph 1, or when Diet approval as stipulated in the preceding paragraph cannot be obtained, the Prime Minister shall be required to revoke the declaration of a state of emergency.
Article 106. (Effects of Declaring a State of Emergency)
When a state of emergency as stipulated in paragraph 1 of the preceding article is effected, the Cabinet may impose measures to restrict the rights of the people as stipulated in Chapter 2 of this Constitution as necessary for protecting the lives of the people, maintaining the safety of property, and related purposes. However, upon recovery from the state of emergency, the Cabinet must revoke these measures.
(2) When a state of emergency is effected, every person shall bear the duty of achieving the objectives in the preceding paragraph to the greatest extent possible based on instructions concerning Cabinet measures.
(3) When a state of emergency is effected, for the duration until revoked, the term of Diet members shall in principle be extended, and the House of the People shall not be dissolved. If the Diet is in recess, it shall be swiftly convoked.
Chapter X. Amendments
Article 107. (Procedures for Constitutional Amendment)
Amendments to this Constitution shall be initiated by the Cabinet, a number of Diet members as provided by law, or a constitutional review established in the Diet through a concurring vote of a majority of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.119
(2) Ratification by the people in the preceding paragraph shall require a special national referendum provided by law and a majority of valid votes in favor of amendment.
(3) Amendments when so ratified following the preceding paragraph shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.
(4) This Constitution may not be amended when Japan is occupied by a foreign country, or when a state of emergency as stipulated in Chapter 9 of this Constitution is in effect.
Chapter XI. Supreme Law
Article 108. (Supreme Legality of Constitution, Observance of Treaties and International Law)120
This Constitution shall be the supreme law of the nation 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.
2) The treaties concluded by Japan and established laws of nations shall be faithfully observed.
Article 109. (National Flag and National Anthem)121
The “Hinomaru” is the national flag of Japan, and “Kimigayo” is the national anthem of Japan.122
Article 110. (Obligation to Respect and Protect the Constitution)123
The Emperor or the Regent as well as the Prime Minister, Ministers of State, members of the Diet, heads of local governing bodies and members of their assemblies, judges, and all other public officials, along with the people, have the obligation to respect and uphold this Constitution.