Partial Draft

Nippon Ishin no Kai


Nippon Ishin no Kai (The Japan Innovation Party)1
A Draft of the Revised Constitution2
March 24, 2016

Part 1: Making Education Free

Article 26. (The Right to Receive an Education, Compulsory Education, and Free Education)
All people shall have the right to receive an equal education correspondent to their aptitude, and they shall not be denied the opportunity to receive an education based on economic reasons as provided by law.3
(2) All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law.
(3) The education in schools prescribed by law shall all be of public nature. [Education] starting from early childhood education until higher education shall be free, as provided by law.4

Part 2: Reforming the Governing System (Local Sovereignty)

Chapter VIII. Local Sovereignty

Article 92. (A Two-Tiered System)
Local governments (jichitai)5 are regional blocks (dōshū) composed of wide-area local governments (kōiki jichitai) which encompass basic local governments (kisoteki jichitai).

Article 93. (The Main Aim of Local Sovereignty)
Regarding the organization and operations of local governments, the main purpose shall be, in principle, that the legislation and administration of the region shall be carried out based on the wishes of the residents, and that these organization—which are independent from the State—shall be self-governing organizations established under their own wishes and have their own responsibilities.
(2) The division of roles among the State, regional blocks, and basic local governments shall be based on the principle that administrative agencies that are closest to the residents shall, as much as possible, play a supplementary role. The State shall be responsible for affairs that are central to the nation’s existence and roles that other countries must carry out.6 All other affairs shall be the responsibility of the basic local governments.

Article 94. (The Organization and Operation of Basic Local Governments)
Regulations concerning organization and operations of local governments shall be fixed by the ordinances of the basic local governments in accordance with the principle of local sovereignty in the preceding article.
(2) The types of local governments, boundaries, and other regulations within the regional blocks shall be fixed by ordinances of the regional blocks7 in accordance with the principle of local sovereignty.

Article 95. (Assemblies, Governors, and the Direct Popular Vote of Chief Executive Officers)
Basic local governments shall establish assemblies as their law-making organs, which vote for ordinances and other important matters.8
(2) Basic local governments shall establish a governorship for the regional block, and a head of the basic local government9 as the executive organ representing that local government.
(3) The members of the basic local government assemblies, governor, chief executive officers, and other public officials who are appointed as provided by law, shall be residents of that basic local government, hold Japanese citizenship, and be elected by direct popular vote.

Article 96. (The Right to Enact Ordinances, Etc.)
Basic local governments shall have the right to manage their property, affairs and administration and to enact their own regulations within law.10
(2) With regard to the provisions in Article 93, Paragraph 2 regarding matters other than the role of the State and matters as may be provided by law (matters of regional block jurisdiction), the regional block may enact regulations that are predominant over the law (priority regulations).11

Article 97. (Tax Autonomy and Financial Adjustment)
Basic local governments shall have the power to assess and collect its own local taxes based on the main aim of local sovereignty.12
(2) Basic local governments may not use local taxes or other autonomous sources of income to pay for those expenses. If financial strength is extremely unbalanced among the regional blocks, financial adjustment shall be carried out between the regional blocks, pursuant to the laws. If financial strength is extremely unbalanced between basic local governments, then financial adjustment shall be carried out between those local governments within their regional block, pursuant to the laws.

Article 98. (Litigation Regarding Powers)
The existence of authority between the State, regional blocks, and basic local governments; litigation regarding disputes related to its use; and other matters as provided by law, shall be handled by the Constitutional Court.

Part 3: The Constitutional Court

Chapter V, Part 213

Article 75-2. (The Powers of the Constitutional Court)
With regard to actions filed under the provisions listed from following article until Article 75-5 or cases that were transferred, the Constitutional Court is the court of first and last resort with the power to determine the constitutionality of any law, order, ordinance, regulation, or official act.14

Article 75-3. (Rules and Regulations of Abstract Constitutional Review)
The Prime Minister, or a quarter or more of the total members of either House, may, pursuant to the law, submit an action for declaratory judgment regarding whether or not a law, regulation, order, or official act complies with the Constitution to the Constitutional Court.15

Article 75-4. (Rules and Regulations of Concrete Constitutional Review [Transferring a Constitutional Judgment from an Ordinary Court])
If it is found necessary to request a judgment on whether or not the ruling related to a law, order, ordinance or regulation in a particular case is constitutional, an ordinary court may, at the request of the party involved or without any party’s request, transfer [the case] to the Constitutional Court as provided by law.16

Article 75-5. (Disputes between Organs)
In addition to what is prescribed in the previous two articles, the organs—whose powers are prescribed by the Constitution—may file an action related to disputes regarding the existence of [those] powers and their use.17

Article 75-6. (The Effect of Judgments of the Constitutional Court)
Any law, order, ordinance, regulation, or official act that is determined to be unconstitutional by a judgment of the Constitutional Court shall cease to be effective on the day that judgment is given.18

Article 75-7. (The Composition of the Constitutional Court)
The Constitutional Court shall be composed of 12 judges. The House of Representatives, the House of Councillors, and the Constitutional Court shall each appoint 4 people as provided by law.19
(2) The Constitutional Court Judges who are appointed must be people of great insight, and have knowledge of the law.
(3) The Chief Judge of the Constitutional Court shall be elected by Constitutional Court Judges and appointed by the Emperor.
(4) Constitution Court Judges shall hold office for a term of 6 years without the possibility of reappointment.

Article 75-8. (Guaranteeing the Status of Constitutional Court Judges)
All Constitutional Court Judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
(2) Constitutional Court Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against Constitutional Court Judges shall be administered by any executive organ or agency.

Article 75-9. (Public Trials)
All trials of the Constitution Court shall be public in accordance with the law.

Article 75-10. (The Constitutional Court’s Rule Making Power)
The Constitutional Court is vested with the rule-making power under which it determines the rules of actions pursuant to the provisions of Article 75 (3) to Article 75 (5), procedures related to cases that have been transferred, the internal discipline of the Constitutional Court, and the administration of judicial affairs.20