Nippon no Kokoro: Party for Japanese Kokoro
Japan is a land presided over by the Emperor from ancient times, and its people, with the spirit of harmony that values each and every person, have spun for it a history from time immemorial.
The Japanese people, surrounded by the sea, and amidst a beautiful land woven from the four seasons, have at times confronted the harshness of nature, or pursued coexistence with it, in nurturing a culture of consideration for others.
The Japanese people, through the Meiji Restoration, have added to their custom of valuing consultation the wisdom of the various countries of Europe and America, enacting the Constitution of the Empire of Japan and birthing a constitutional monarchy that has aimed to develop into a modern nation-state.
Following its former defeat in war, and since the establishment of the Constitution of Japan under occupation, seventy years have passed; the international environment around Japan has changed greatly, and a new approach is required. The Japanese people have here resolved to enact a Constitution appropriate for this new era.
The Japanese people, standing by the spirit of harmony and fairness that characterizes the Japanese, and on the principle of respect for human beings, shall work toward the development of the nation-state, and swear to increase the happiness and benefit of their people, to cherish their families, and to build a bright and warm society.
The Japanese people, aspiring sincerely to a world peace based on justice and order, and actively striving for exchanges between the various countries, swear that they shall pour all their efforts into making a contribution towards the realization of world peace.3
To realize these lofty ideals, and desiring to pass them on to future generations, we hereby enact this Constitution by our own hands.
Introductory Chapter. The Shape of Japan
Article 1. (The Symbols of Japan)
Japan shall be a constitutional monarchy with the Emperor as the symbol of the unity of the State and the people.
Article 2. (The Sovereignty of the People)
Sovereignty shall reside in the people. The people shall wield their sovereignty through their representatives as provided for by this Constitution.
Article 3. (Respect for Human Beings and Right to Pursue Happiness)4
All the people shall be guaranteed respect as human beings. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration.
Article 4. (Realization of World Peace)
Japan shall take the realization of a world peace based in law and justice as a national policy.
(2) Japan shall faithfully observe the treaties it concludes and the established laws of nations.5
Article 5. (Mission of State and Duty of People)
The State shall protect its sovereignty and independence, maintain domestic order, and protect the lives and property of the people.
(2) The people shall endeavor to protect the independence of the State and maintain public order.
Article 6. (Respect for History, Customs and Culture)
The people shall endeavor to promote the arts, culture, and international exchanges while respecting the history, customs and culture of Japan, and contribute to the realization of a vibrant national life and a lively society.
Article 7. (Conditions of Nationality)
The conditions necessary for being a Japanese national shall be determined by law.
Article 8. (Territory of Japan)
The territory of Japan shall consist of the Japanese archipelago and its surrounding islands.
Article 9. (National Flag and National Anthem)
The national flag shall be the Rising Sun flag, and the national anthem shall be "Kimigayo."6
Chapter I. The Emperor
Article 10. (Status of the Emperor)
The Emperor is the head of state of Japan and the constant companion of the people.
Article 11. (Imperial Succession)
The Imperial Throne shall be dynastically succeeded to in accordance with the Imperial House Law.7
Article 12. (Imperial Acts in Matters of State, Public Acts and Responsibility of Cabinet)
The Emperor shall perform such public acts and acts in matters of state as are provided for in this Constitution with the assistance of the Cabinet, and the Cabinet shall be responsible therefor.8
(2) The Emperor may delegate the performance of his acts in matters of state as may be provided by the Imperial House Law. In this case, the preceding paragraph will be applicable.9
Article 13. (Appointment Rights of Emperor)10
The Emperor shall perform the following appointments as acts in matters of state.
1. Appointing the Prime Minister as designated by the Diet.
2. Appointing the Chair of the House of Representatives as designated by the House of Representatives.
3. Appointing the Chair of the House of Councillors as designated by the House of Councillors.
4. Appointing the Chief Judge of the Supreme Court as designated by the Cabinet.
Article 14. (Other Acts in Matters of State and Public Acts)
The Emperor shall, in addition to the preceding article, perform the following acts in matters of state:
1. Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
2. Convocation of the Diet.
3. Dissolution of the House of Representatives.
4. Proclamation of general election of members of the House of Representatives and ordinary election of the House of Councillors.
5. Appointment of Ministers of State as designated by the Prime Minister.
6. Appointing public officials of the State as fixed in law and as designated by the Cabinet.
7. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
8. Issuance of full powers and credentials of Ambassadors and Ministers.
9. Receiving foreign ambassadors and ministers and accepting their letters of appointment.
10. Awarding of honors.
11. Performance of pardons.
12. Promulgation of era name.
13. Presiding over ceremonies.
(2) The Emperor shall perform court rituals, international courtesies, national ceremonies and functions, and other public acts.
Article 15. (Regency)11
When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform public acts and acts in matters of state in the Emperor's name. In this case, paragraph one of Article 12 will be applicable.
Article 16. (Imperial House Finances)
The expenditure of the Imperial Household shall be calculated in the budget bill as provided for by law and shall require the authorization of the Diet.
(2) Matters relating to the property of the Imperial Household shall be provided by law.
Chapter II. Maintaining Peace
Japan shall forever renounce war as a sovereign right of the nation and the threat or use of force except in case of self-defense.
(2) Japan shall maintain a military to protect its sovereignty and independence, and to cooperate with international peacekeeping activities.
(3) The supreme command of the military shall be vested in the Prime Minister. The principle of political control of the military shall be secured.
(4) Matters relating to the organization and control of the military shall be provided in law.
Chapter III. Rights and Duties of the People
Article 18. (Enjoyment of Fundamental Human Rights)12
All the people shall enjoy the fundamental human rights. The essence of the rights and freedoms guaranteed to the people by this Constitution shall be inviolate.
Article 19. (Respect for Rights and Freedoms and Prohibition on Abuse)13
The rights and freedoms guaranteed by this Constitution shall be given the greatest possible consideration in legislation and other governance to the extent that it does not interfere with the public welfare.
(2) The people shall refrain from any abuse of these freedoms and rights and shall ceaselessly endeavor to preserve them while mutually respecting the rights and freedoms of one another.
Article 20. (Equality Under 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.14
Article 21. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.
Article 22. (Freedom of Religion and Separation of Religion and Government)15
Freedom of religion is guaranteed.
(2) No religious group shall receive any privileges from the State, nor assume any political control, interfere in politics, or wield political power.
(3) No person shall be compelled to take part in any religious act, celebration, rite or practice.
(4) The State and the local governing bodies shall refrain from propagating any particular religion or religious education for the purpose of propaganda, any other religious activity, or financial assistance therefor. However, social ceremonies or customary acts are exempt from this limitation.
Article 23. (Academic Freedom)
Academic freedom is guaranteed. The autonomy of universities must be respected.16
Article 24. (Freedom of Expression)
Freedom of speech, press and all other forms of expression are guaranteed.
(2) No censorship shall be maintained.
Article 25. (Freedom of Assembly and Association)
Freedom of assembly and association are guaranteed.
Article 26. (Private Life, Protection of Personal Information and Secrecy of Communications)
The people may not have their personal life infringed upon without due cause.
(2) The State shall take appropriate protection towards the personal information in its possession.
(3) The secrecy of all means of communication shall not be violated.
Article 27. (Family, Marriage, and Custody of Children)17
The family is the natural and foundational unit of society and shall be protected by the State. The family shall be maintained by mutual trust and cooperation.
(2) Marriage shall be based on the mutual consent of both sexes and the equal rights of husband and wife.
(3) With regard to property rights, inheritance, and other matters pertaining to the family and marriage, laws shall be enacted from the standpoint of human dignity and the essential equality of husband and wife as well as the significance of the family.
(4) Custody and education of a child shall be the right and the obligation of their guardian. The State shall render any necessary assistance to a guardian for the custody and education of a child.
Article 28. (Property Rights)18
Property rights are guaranteed.
(2) Property rights shall be defined by law, in conformity with the public welfare.
(3) Private property may be taken for public use upon appropriate procedure and just compensation therefor, as provided for by law.
(4) The State shall endeavor to protect intellectual property.
Article 29. (Taxpaying Obligation)
The people shall be liable to taxation as provided by law.
Article 30. (Freedom to Choose and Change Residence and Occupation)19
The people shall have freedom to choose and change their residence and to choose their occupation to the extent that it does not interfere with the public welfare.
(2) Freedom of the people to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Article 31. (Right to Live)20
The people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) In all spheres of the life of the people, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
Article 32. (Right and Obligation to Receive Education)21
The State shall, based on the principles of this Constitution, carry out education which aims to cultivate human beings equipped with abundant humanity and creativity, inherit tradition, and create a new culture.
(2) The people shall have the right to receive an equal education correspondent to their ability, as provided by law.
(3) The people shall be obligated to have all children under their protection receive ordinary education as provided for by law.
(4) The State shall make all necessary fees, materials, textbooks, school meals and other aspects of compulsory education free.
Article 33. (Environmental Rights)
The people shall, as provided for by law, enjoy the right to a good natural environment and bear the obligation to preserve it.
(2) The State shall endeavor to preserve a good natural environment and ecosystem.
Article 34. (Right and Obligation to Employment)22
The people shall have the right and the obligation to work.
(2) The right of workers to organize and to bargain and act collectively is guaranteed.
(3) Standards for working conditions shall be fixed by law so that workers may enjoy good working conditions.
(4) Children shall not be exploited.
Article 35. [Right of Access to Courts]23
The people shall have the right to access a fair and swift trial in the courts.
Article 36. (Appropriate Procedures)
The people shall not be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to the appropriate condition and procedure established by law.24
(2) The people shall not be held criminally liable for an act which was lawful at the time it was committed, or of which they have been acquitted.25
(3) The people shall not be placed in double jeopardy.26
(4) The people shall not be apprehended except upon the issuance of a legitimate warrant, unless they are apprehended, the offense being committed.27
(5) The people shall not be arrested or detained without being at once informed of the legitimate charges against them or without the immediate privilege of counsel.28
(6) The people shall not be subject to entries, searches and seizures of their homes, papers and effects except upon the issuance of a legitimate warrant, unless they are apprehended, the offense being committed.29
(7) Suspects and the accused may obtain for themselves the assistance of legal counsel. If suspects and the accused are unable to secure the same by their own efforts, these shall be assigned for their use by the State.30
(8) No person shall be compelled to testify against themself. Confession made under illegitimate means shall not be admitted in evidence, and no person shall be convicted or punished in cases where the only proof against them is their own confession.31
(9) The infliction of torture by any public officer and cruel punishments are forbidden.32
(10) Involuntary servitude, except as punishment for crime, is prohibited.33
Article 37. (Criminal Compensation)34
The people, in case they are acquitted after they have been arrested or detained, may sue the State for redress as provided by law.
Article 38. (Right of Victims of Crime)
Victims of crimes, their families, and their bereaved relatives may receive the protection of the State as provided for by law.
Article 39. (Right to Political Participation)35
The people shall have the right and the freedom to engage in political activities, and to choose and dismiss their public officials.
(2) Public officials are servants of the whole community and not of any group thereof.
(3) Universal adult suffrage is guaranteed with regard to the election of public officials for adults of Japanese nationality.
(4) Secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.
Article 40. (Limits on Basic Labor Rights of Public Officials)
The right of public officials to organize and to bargain and act collectively may be restricted by law due to the public nature of their function.
(2) The right and the freedom to engage in political activities of public officials whose neutrality in administering governance must be secured may be wholly or partially restricted by law.
Article 41. (Political Parties)
The establishment and free activity of political parties is guaranteed in their capacity as political organizations that promote the formation of the political intention of the Japanese people, and which contribute to the governance of the State through policy.
Article 42. (Rights and Freedoms of Foreigners)
Foreigners shall qualitatively enjoy the rights and freedoms guaranteed in this Constitution except those reserved for the Japanese people.
Chapter IV. The Diet
Article 43. (Legislative Power and Bicameralism)
Legislative power shall be vested in the Diet.
(2) The Diet shall consist of the House of Representatives and the House of Councillors.36
Article 44. (Organization of Both Houses)37
Both Houses shall consist of elected members, representative of the Japanese people.
(2) The number of the members of the House of Representatives shall be fixed by law.
(3) The House of Councillors shall consist of elected members chosen from the whole country and of two members from each prefectural administrative division.38 This number shall be fixed by law.
Article 45. (Qualifications of Members and Electors)39
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.
(2) Only holders of Japanese nationality as their sole nationality may serve as a member of both Houses and as a public official of the State as fixed in law.
(3) The qualifications of the electors in paragraph 1 are limited to the Japanese people.
(4) Matters outside those stipulated in the preceding three paragraphs concerning the qualifications of members of both Houses and their electors shall be provided by law.
Article 46. (Term of Office of Members)40
The term of office of members of the House of Representatives shall be four years. However, the term shall be terminated before the full term is up in case the House of Representatives is dissolved.
(2) The term of office of members of the House of Councillors shall be six years, and election for half the members shall take place every three years.
(3) A general election resulting from the conclusion of the terms of members of the House of Representatives and an ordinary election of the House of Councillors must each be convoked within thirty (30) days of the conclusion of their term.
Article 47. (Matters Relating to Elections)41
Electoral districts, method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law.
(2) The electoral districts of members of the House of Representatives shall be determined on the comprehensive basis of population, administrative districts, geographical conditions and other related affairs.
Article 48. (Prohibition on Joint Office of Members)
No person shall be permitted to be a member of both Houses simultaneously.
Article 49. (Remuneration of Members)
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.
Article 50. (Privilege of Immunity of Arrest for Members)
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 51. (Members’ Exemption of Responsibility for Statements)
Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.
Article 52. (Ordinary and Extraordinary Diet Sessions)42
An ordinary Diet session shall be convoked once per year.
(2) The term of the ordinary Diet session shall be provided by law.
(3) The Cabinet may determine to convoke extraordinary Diet sessions. When a third or more of the total members of either House makes the demand, the Cabinet must convoke an extraordinary Diet session within twenty (20) days. However, this requirement shall not hold if an ordinary Diet session or a special Diet session is convoked within forty (40) days of a such a demand.
Article 53. (Dissolution of House of Representatives, Etc.)
When the House of Representatives is dissolved, there must be a general election of members of the House of Representatives within forty (40) days from the date of dissolution, and the Diet must be convoked within thirty (30) days from the date of the election.
(2) When the House of Representatives is dissolved, the House of Councillors is closed at the same time. However, the Cabinet 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 Representatives within a period of ten (10) days after the opening of the next session of the Diet.
Article 54. (Examination of Qualifications of Members)
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 55. (Fixed Number of Members and Voting)
Business cannot be transacted in either House unless one-third or more of total membership is present.
(2) All resolutions 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.43
Article 56. (Meetings and Public Records of Meetings)
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, excepting such parts of proceedings of secret session as may be deemed to require secrecy.44
(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 57. (Election of Officials, House Rules and Punishments)45
Each House shall designate its own president and select its 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 58. (Resolution of Bills, Priority of House of Representatives)46
A bill becomes a law on passage by both Houses, except as otherwise provided by the Constitution.
(2) A bill which is passed by the House of Representatives, and upon which the House of Councillors makes a decision different from that of the House of Representatives, or a bill which is passed by the House of Councillors, and upon which the House of Representatives makes a decision different from that of the House of Councillors, becomes a law when passed a second time by the House of Representatives by a majority of three-fifths or more of the members present.
(3) The provision of the preceding paragraph does not preclude the House of Representatives or the House of Councillors from calling for the meeting of a joint committee of both Houses, provided for by law.
(4) Failure by the House of Councillors to take final action within thirty (30) days after receipt of a bill passed by the House of Representatives, time in recess excepted, may be determined by the House of Representatives to constitute a rejection of the said bill by the House of Councillors.
Article 59. (Priority of House of Representatives on Budget Bill)47
The budget bill must first be submitted to the House of Representatives.
(2) Upon consideration of the budget bill, when the House of Councillors makes a decision different from that of the House of Representatives, 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 bill passed by the House of Representatives, the decision of the House of Representatives shall be the decision of the Diet.
Article 60. (Priority of House of Representatives on Approval of Treaties)
The preceding article applies also to the Diet approval required for the conclusion of treaties.
Article 61. (Priority of House of Councillors on Matters Concerning Appointment of Public Officials)
The Cabinet must obtain the approval of both Houses for the appointment of public officials of the State and other positions as fixed in law.
(2) Concerning the approval stipulated in the preceding paragraph, when the House of Councillors makes a decision different from that of the House of Representatives, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or after the consent of the House of Councillors has been obtained, within thirty (30) days, the period of recess excluded, if the House of Representatives makes no decision, the decision of the House of Councillors shall be the decision of the Diet.
Article 62. (Right of Houses to Investigate Government)
Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records.
Article 63. (Committee on Removal of Judges and Impeachment Courts)48
The House of Representatives shall set up an impeachment committee from among its members for the purpose of instituting removal proceedings against judges.
(2) The House of Councillors shall set up an impeachment court from among its members for the purpose of trying those judges against whom removal proceedings have been instituted.
(3) In addition to the stipulations of the preceding two paragraphs, matters relating to impeachment shall be provided by law.
Chapter V. The Cabinet
Article 64. (Executive Power)
Executive power shall be vested in the Cabinet.
Article 65. (Organization of Cabinet and Collective Responsibility Towards Diet)49
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, the other Ministers of State and public officials of the State as fixed in law may not be current holders of military office.
(3) Only holders of Japanese nationality as their sole nationality may serve as a Minister of State and as a public official of the State as fixed in law.
(4) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.
Article 66. (Designation of Prime Minister)
The Prime Minister shall be designated from among the members of the House of Representatives by a resolution of the Diet. This designation shall precede all other business.50
(2) If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within ten (10) days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet.
Article 67. (Designation and Dismissal of Ministers of State)
The Prime Minister shall designate the Ministers of State. A majority of their number must be chosen from among the members of the Diet.51
(2) The Prime Minister may remove the Ministers of State as they choose.
Article 68. (Cabinet Non-Confidence Vote)
If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days.
Article 69. (Resignation En Masse of Cabinet)
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 Representatives, the Cabinet shall resign en masse.
Article 70. (Cabinet After Resignation En Masse)
In the cases mentioned in the two preceding articles, the Cabinet shall continue its functions for the duration until the time when a new Prime Minister is appointed.52
Article 71. (Functions of the Prime Minister)53
The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.
(2) When there is a vacancy in the post of Prime Minister, or an equivalent situation as fixed by law, the functions of the Prime Minister shall be carried out by a Minister of State of prior designation by the Prime Minister.
Article 72. (Functions of the Cabinet)54
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
1. Administer the law and the budget; conduct affairs of state.
2. Manage foreign affairs.
3. Conclude treaties. However, it must obtain the prior or subsequent approval of the Diet.
4. Administer the public officials of the State, in accordance with standards established by law.
5. Prepare drafts of constitutional amendments, bills and budget bills and present them to the Diet.
6. Enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it may not impose obligations or restrict rights through such cabinet orders unless authorized by such law.
Article 73. (Privilege of Ministers of State)55
The Ministers of State, during their tenure of office, shall not be subject to prosecution without the consent of the Prime Minister. However, prosecution shall not be impaired after they have ceased to be Ministers of State.
Chapter VI. The Courts
Article 74. (Independence of Judiciary)56
Judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
(2) The independence of judicial power shall be inviolate.
(3) All judges shall adhere to this Constitution, the laws, and their conscience as judges in the exercise of their functions.
Article 75. (Rule Making Power of Supreme Court)
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, attorneys and other related personnel as fixed by law shall be subject to the rule-making power of the Supreme Court.57
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.
Article 76. (Qualifications of Judges and Guarantee of Status)
Only holders of Japanese nationality as their sole nationality may serve as judges and judicial officers as fixed by law.
(2) No judge shall be removed except by public impeachment unless the stipulation in the preceding paragraph is absent, the stipulation in item three of the subsequent article is met, or they are judicially declared mentally or physically incompetent to perform official duties.58
(3) All judges shall be retired upon the attainment of the age as fixed by law.59
Article 77. (Judges of the Supreme Court)60
The Supreme 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 shall be appointed by the Cabinet.
(2) The appointment of the judges of the Supreme Court shall be reviewed by the people after a lapse of four years following their appointment, at the first general election of members of the House of Representatives, or at the first general election of members of the House of Representatives.
(3) In cases mentioned in the foregoing review, when the dismissal of a judge is favored by a majority of the voters, that judge shall be dismissed.
(4) The judges of the Supreme Court shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 78. (Judges of Inferior Courts)61
The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term as fixed by law with privilege of reappointment.
(2) The judges of the inferior courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 79. (Power of Supreme Court to Review Laws and Ordinances and Constitutionality)
The Supreme Court shall be the final court of appeal with the power to rule on all treaties, laws, orders, regulations, ordinances and punishments, as well as on the constitutionality thereof.
(2) The Supreme Court shall establish a Constitutional Law Section that exclusively carries out reviews of the constitutionality of laws and ordinances.
(3) The Constitutional Law Section shall consist of the Chief Judge of the Supreme Court and four other judges mutually elected from the judiciary.
(4) In cases where an inferior court rules that the whole or part of a treaty, law, order, regulation, ordinance or punishment in a specific trial may be unconstitutional, it may request the judgement of the Constitutional Law Section thereon. However, the procedures of the lower court in this trial may not be impaired thereby.
(5) In cases where the Constitutional Law Section carries out a review as so requested by an inferior court, on ruling that a particular treaty, law, order, regulation, ordinance or punishment is not in contravention of this Constitution, it must inform the inferior court in question about its ruling; on ruling that a particular treaty, law, order, regulation, ordinance or punishment is not in contravention of this Constitution, it must request the judgement of all the judges of the Supreme Court.
(6) The Supreme Court shall void any treaty, law, order, regulation, ordinance or punishment ruled to be in contravention of this Constitution.
(7) The organization and management of the Constitutional Law Section shall be provided by law.
Article 80. (Public Trials)62
The oral arguments, procedures and rulings of trials shall be conducted publicly.
(2) Where a court unanimously determines publicity to be dangerous to public order or morals, the oral arguments and procedures of a trial may be conducted privately, but the oral arguments and procedures of trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly.
Chapter VII. Finance
Article 81. (Basic Principle of Finance)
National finances shall be exercised as determined by the Diet.63
Article 82. (Taxation Law)64
No new taxes shall be imposed or existing ones modified except by law.
Article 83. (National Expenditure and National Debt Burden)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 84. (Budget Bill)65
The Cabinet shall prepare and submit to the Diet for its decision a budget bill for each fiscal year.
(2) The Cabinet shall prepare and submit a provisional budget bill to the Diet for its decision when it is determined that the decision in the preceding paragraph will not be obtained before the start of the relevant fiscal year.
(3) The Cabinet may prepare and submit a supplementary budget bill to the Diet for its decision every fiscal year.
(4) The budget for every fiscal year may be expended in the following fiscal year if so decided by the Diet as provided for by law.
Article 85. (Reserve Fund)
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 86. (Approval of Accounts and Board of Audit)66
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 House of Councillors may request that the Cabinet improve upon the budget bill based on the auditing result of the report on final accounts.
(3) The Cabinet shall reflect the statement of audit and the contents of the improvements requested in the preceding paragraph in its budget bill and report to the Diet therefor.
(4) The organization and competency of the Board of Audit shall be determined by law.
Chapter VIII. Local Self-Government
Article 87. (Basic Principles of Local Self-Government)67
Local self-government is the executive and legislature of local regions based on the will of local residents, and shall be implemented in autonomous and self-sustaining manner.
(2) Local governing bodies, based on the principle of local self-government in the preceding paragraph, shall cooperate with the State while accounting for the situation in their respective regions in carrying out executive functions and the enactment of ordinances.
(3) Matters related to the organization and management of the local governing bodies shall be fixed by law and ordinance.
(4) Local governing bodies shall consist of the prefectural administrative divisions along with cities, towns and villages.
Article 88. (Assemblies and Elections of Local Governing Bodies)68
The local governing bodies shall establish assemblies as their deliberative organs, in accordance with law.
(2) All the chief executive officers of local governing bodies, the members of their assemblies, and such other local public officials as may be determined by law shall be holders of Japanese nationality as their sole nationality.
(3) The chief executive officers of the local governing bodies, the members of their assemblies, and such other local public officials as may be determined by law shall be elected by direct popular vote of residents who hold Japanese nationality within their respective local governing bodies.
(4) When residential voting is carried out in a local governing body, such elections shall be carried out by those residents who hold Japanese nationality.
Article 89. (Powers of Local Governing Bodies)69
Local governing bodies shall have the right to manage their property, affairs and administration and to enact their own regulations within law.
(2) Local governing bodies may impose taxation by ordinance as provided for within the boundaries of law.
Chapter IX. Supreme Law
Article 90. (Supreme Legality of Constitution)70
This Constitution shall be the supreme law of the nation; no treaty, law, order, regulation, ordinance, punishment, or any other act of government by the State or a local governing body, or part thereof in contravention of it shall have legal force or validity.
(2) The treaties concluded by Japan and established laws of nations shall be faithfully observed.
Article 91. (Obligation to Respect and Uphold Constitution)
The people shall respect this Constitution.
(2) Ministers of State, members of the Diet, judges and all other public officials shall bear the duty of upholding this Constitution.
Article 92. (Emergency Powers of State)
The Prime Minister may declare a national state of emergency when our country is facing external armed attack, internal unrest, disturbance, terrorist acts, natural disasters and other crises, in order to maintain the existence of our country, the basic order of the Constitution and the basic rights of the people, in cases where the ordinary mechanisms of control are manifestly insufficient to resolve the relevant crisis.
(2) The declaration of the national state of emergency in the preceding paragraph may not exceed a hundred (100) days.
(3) The approval of the Diet must be obtained prior or subsequent to the declaration of the national state of emergency in the first paragraph.
(4) When the Prime Minister wants to extend the duration of the declaration of the national state of emergency beyond the stipulation in the second paragraph, the prior approval of the Diet must be obtained for every hundred (100) days of extension therefor.
(5) When a national state of emergency as stipulated in the first paragraph is declared, the terms of office of the members of both Houses may be extended for the duration of the validity of said declaration as provided for by law.
(6) Concerning the declaration of the national state of emergency in the first paragraph, if the third paragraph of the approval of the Diet as stipulated in the fourth paragraph cannot be obtained, or when said declaration is no longer necessary, it shall be immediately lifted by the Prime Minister.
(7)The Prime Minister may take urgent and necessary measure during a declaration of a national state of emergency as stipulated in the first paragraph only to the extent of true necessity.
(8) In the case of the preceding paragraph, the measures taken by the Prime Minister shall be to the minimum extent necessary to protect the lives and the property of the people.
Chapter X. Amendments
Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of three-fifths or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require an affirmative vote of a majority of all valid votes cast thereon, at a referendum by the Japanese people on constitutional amendment as provided for by law.
(2) Amendments when so ratified shall immediately be promulgated by the Emperor.