Sankei Shimbun (Partial Draft)

Outline of a New National Constitution of Japan¹
Sankei Shimbun
April 30, 2014

Preamble

The Nation of Japan is a constitutional state possessing an eternal history inherited from its ancestors with the Emperor at its foundation.

Since the founding of the Nation, the people of Japan have relied upon the Emperor for national unity, rejected tyranny, esteemed public discourse, and thereon formed a dignified modern state. Blessed by nature and a beautiful homeland of purple mountains and crystal clear waters, the maritime Nation of Japan developed its own unique civilization. The people of Japan have nurtured the noble spirit of hope that all the world’s oceans be joined in peace and valor in the face of national calamity.

The people of Japan, acknowledging a diversity of values, created their distinctive traditional culture using their enterprising spirit and seeking harmony with differing cultures. With resilient spirit they have overcome countless natural disasters and recovered from the devastation of great wars. The Japanese people are resolved that their nation shall occupy a consequential position in the international community, respect international norms and play an important role through international cooperation.

Standing upon the principles of liberalism and democracy, the Nation of Japan is dedicated to achieving a fair and vigorous society that promotes the welfare of its people through parliamentary democracy and respect for fundamental human rights. The national goal is to be an ethical, independent and self-reliant nation. The Nation values racial equality and promotes co-existence and prosperity for all nations and ethnicities as it actively contributes to the security and prosperity of the international community.

We, the Japanese people, desiring lasting and permanent peace, resolve to protect and defend the National sovereignty, independence and honor of Japan. Wherefore upon these noble ideals and with pride we hereby establish this Constitution.

Chapter I. The Emperor

Article 1. (National Character) 
The Nation of Japan is a constitutional monarchy in which the Emperor shall be the symbol of permanence of the State and of the unity of the People.

Article 2. (Head of State)
The Emperor shall be the Head of State and represent Japan.

Article 3. (Succession to the Imperial Throne)
The Imperial Throne shall be succeeded to by paternal descendants of the Imperial line in accordance with the Imperial House Law.

Article 4. (Authority of the Emperor, Assistance and Responsibility of the Cabinet.) 
The Emperor shall perform acts in state and public affairs as provided for in this Constitution.
(2) Acts of the Emperor in matters of state and public affairs shall require the assistance of the Cabinet, which shall assume responsibility for the same.

Article 5. (Regency)
When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform acts in matters of state in the name of the Emperor.

Article 6. (Appointment of the Heads of the Three Branches of Government)
The Emperor shall appoint the Prime Minister as designated by the Diet.
(2) The Emperor shall appoint the Speaker of the House of Representatives as designated by the House of Representatives.
(3) The Emperor shall appoint the President of the House of Councilors as designated by the House of Councilors.
(4) The Emperor shall appoint the Chief Justice of the Supreme Court as designated by the Cabinet.

Article 7. (Acts of the Emperor in State and Public Affairs)
The Emperor shall perform the following acts in Affairs of State:
1. Promulgation of amendments of the Constitution, laws, Cabinet Orders and treaties;　　　　　
2. Convocation of the Diet and dissolution of the House of Representatives;　　　　　
3. Enforcement of the election of members of the Diet;
4. Appointment and dismissal of Ministers of State and other public officials as provided by law;
5. Issuance of the full powers and credentials of Ambassadors and Ministers;　　　　　
6. Acceptance of the credentials of foreign ambassadors and ministers;
7. Conferring of honors;
8. Granting of general and special amnesty, commutation of punishment, reprieve and restoration of rights;　
9. Presiding over ceremonial functions;
10. Establishment of the name of an era.
(2) The Emperor shall perform the following acts in matters of Public Affairs:　　　　　
1. Conduct rites of the Imperial Court based on tradition;
2. Attend national events and ceremonies and conduct tours of the country;
3. Carry out other suitable acts, in addition to the matters provided in the two preceding paragraphs, as the symbol of unity of the Japanese people.

Article 8. (Amendment of the Imperial House Law)
Any amendment of the Imperial House Law shall require prior deliberation of the Imperial House Council.

Article 9. (Imperial Household Property) 
The Imperial Household property, excluding hereditary property, shall be appropriated by the Diet.

Chapter II. Structure of the State

Article 10. (Japanese Sovereignty)
Sovereignty resides in the people and the powers of the state derive from the people. The people shall exercise their sovereignty through their representatives or by such other means as provided for in this Constitution.

Article 11. (Japanese Nationals)
The prerequisites for being a Japanese national shall be determined by law.

Article 12. (Territory)
The territory of Japan consists of the Japanese archipelago, ancillary islands and such other islands as stipulated by law.

Article 13. (National Sovereignty, Obligations of the State and the People)
The State has an obligation to defend its sovereignty and independence, maintain the public order and protect the life, freedom and property of the people.
(2) The people shall be conscious of their citizenship and do their utmost to contribute to the development of the State.

Article 14. (The National Flag and National Anthem)
The national flag of Japan shall be the flag of the Rising Sun and the national anthem shall be Kimigayo.
(2) The people shall respect the National Flag and the National Anthem.

Chapter III. National Defense

Article 15. (Aspiring to an International Peace)
Aspiring sincerely to an international peace based on justice and order, Japan shall seek peaceful resolution of international disputes in accordance with the treaties concluded by Japan and established international laws and norms.

Article 16. (Maintenance of Armed Forces and Supreme Command)
Japan shall maintain armed forces in order to defend its independence and national security, safeguard its people and contribute to international peace.
(2) Supreme command of the armed forces shall be exercised by the Prime Minister. Political supremacy over the armed forces shall be ensured.
(3) The structure and organization of the armed forces shall be determined by law.

Chapter XI. State of Emergency

Article 114. (Declaration of State of Emergency)
In the event of attack by an external military force, domestic insurgency, major terror incident, large-scale natural disaster, serious cyber-attack or other emergency, the Prime Minister, with either prior or ex-post facto approval of the Diet, may declare a state of emergency.

Article 115. (Emergency Orders and Emergency Fiscal Measures)
In the event a state of emergency is declared, the Cabinet may substitute Cabinet Orders in place of laws and carry out emergency fiscal measures for the purpose of overcoming the crisis.
(2) The Cabinet, in order to accomplish the objective of the preceding clause, may limit to the extent necessary the rights specified in Article 30 (Secrecy of Communication), Article 34 (Freedom of Residence, Movement and Choice of Occupation), Article 35 (Property Rights and Protection of Intellectual Property), Article 36 (Guarantee of Due Process) and Article 37 (Guarantee against Arbitrary Arrest, Detention, Imprisonment, Search and Seizure).

Article 116. (Approval and Declaration of Nullification)
The Cabinet shall promptly obtain the approval of the Diet for the Cabinet Orders and emergency fiscal measures stipulated under the previous Article.
(2) In the event the approval required by the preceding clause is not obtained, the Cabinet shall declare said Cabinet Orders and emergency fiscal measures null and void.

Chapter XII. Amendments

Article 117. (Procedures and Promulgation of Amendments to the Constitution)
Amendments to this Constitution shall be initiated by the Diet through a concurring vote of a majority of the members of each House and shall thereupon be submitted to the people for ratification. Ratification shall require the affirmative vote of a majority of the valid ballots cast in a National referendum for Constitutional amendment.
(2) Amendments when so ratified shall be promulgated immediately by the Emperor.