2006
|Full Draft
Sōken Kaigi
創憲会議
Council for Constitutional Creation1
Draft of a New Constitution2
April 1, 2006
The Japanese people, earnestly desiring peace and prosperity for our country and international society, hereby declare the following resolutions on the occasion of the enactment of this new Constitution:
The Japanese people have built up rich traditions and a unique culture throughout history. We shall inherit and develop these to progress towards building a nation characterized by fraternal love, based on independence and co-existence.
The Japanese people have constructed a free and democratic country based on the principle of respecting human rights and drawing on the ideals and traditions of constitutionalism. We shall endeavor, on this foundation, to increase the welfare of our people and to construct a lively and just society.
The Japanese people have cultivated a spirit of living in harmony with the natural world, revering and respecting its workings in their beautiful land with its bounteous nature. We shall endeavor to secure the coexistence of humans and nature on a global scale, in order to transmit these to future generations.
The Japanese people have endeavored to cooperate with other countries since the days of yore, based on harmoniousness and the adoption of foreign cultures. We shall join hands with the peace-loving peoples of the world to actively contribute towards the maintenance of global peace, and progress towards building a nation characterized by dignity.
The Japanese people have located our spiritual center in the dynamic climate and natural features of our archipelago, along with our regional cultures that brim with uniqueness. We shall respect the autonomy and independence of local societies, and progress towards building a nation characterized by diversity and creativity.
We pledge, on the honor of our country and our people, to achieve these noble ideals and goals.
Prologue
Article 1. (The Symbolic Emperor System, the Sovereignty of the People)
The Emperor is Japan’s head of state and the symbol of the unity of the Japanese people.3
(2) Sovereignty belongs to the people, and all the powers of the State derive from the people. The people shall wield their sovereignty through their representatives and as by any other means as provided for by this Constitution.
Article 2. (Dignity of Human Beings, Protection of Basic Human Rights)
Every person shall be respected as a human being. The people shall endeavor to protect the freedoms and rights provided in this Constitution as based in coexistence and fraternal love.
Article 3. (International Peace and the Military, Prohibition on Conscription)
Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.4
(2) Japan shall maintain a military to protect its independence and sovereignty, the lives of its people, secure freedom and property, preserve its national territory, and contribute to the peace of international society.
(3) The supreme command of the military shall reside with the Prime Minister.
(4) Conscription is prohibited.
(5) Matters relating to security shall be provided for by law.
Article 4. (National Flag and National Anthem)
The "Hinomaru" is the national flag of Japan.
(2) The “Kimigayo” is the national anthem of Japan.
Article 5. (Territory)
The territory of Japan shall consist of the Japanese archipelago and the various islands that surround it.
Chapter I. The Emperor
Article 6. (Imperial Succession)
The Imperial Throne shall be dynastically succeeded to in accordance with the Imperial House Law as authorized by the Diet.5
Article 7. (Imperial Authority, Delegation of Matters of State, and the Advice and Approval of the Prime Minister)
The Emperor shall perform only such acts in matters of state as are provided for in Article 10 of this Constitution and they shall not have powers related to government.
(2) The Emperor may delegate the performance of their acts in matters of state as may be provided by law.
(3) The advice and approval of the Prime Minister shall be required for all acts of the Emperor in matters of state, and the Prime Minister shall be responsible therefor.
Article 8. (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. In this case, paragraph one of the preceding article will be applicable.
Article 9. (The Emperor and Matters of State)
The Emperor shall perform the following acts in matters of state on behalf of the people:6
1. Appointment of the Prime Minister as designated by the House of Representatives.
2. Appointment of the Chief Judge of the Supreme Court as designated by the Prime Minister.
3. Appointment of the Chief Judge of the Constitutional Court as designated by the mutual election of the judges of the Constitutional Court.
4. Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
5. Convocation of the Diet.
6. Dissolution of the House of Representatives as designated by Article 80.
7. Proclamation of general election of members of the House of Representatives.
8. 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.
9. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
10. Awarding of honors.
11. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
12. Welcoming various foreign heads of state and receiving ambassadors and ministers.7
13. Performance of ceremonial and ritual functions.
Article 10. (Symbolic Matters of State)
The Emperor shall follow tradition and custom in performing matters of state with symbolic significance.
Chapter II. Rights and Duties
Article 11. (Conditions of National Citizenship)
The conditions necessary for being a Japanese national shall be determined by law.
Article 12. (Enjoyment of Basic Human Rights, Respect for Freedom and Rights, Legal Limitations, Prohibition on Abuse Thereof)
The people shall not be prevented from enjoying any of the fundamental human rights. Their right to life, liberty, and the pursuit of happiness shall be the supreme consideration in legislation and in other governmental affairs.8
(2) The freedoms and rights guaranteed to the people by this Constitution may be restricted by law for the purposes of public safety, public order, the protection of public health and morality, or the protection of the freedom and rights of others. The people shall refrain from any abuse of these freedoms and rights, which they shall maintain by their constant endeavor.
Article 13. (Rights and Protections for Foreign Nationals)
Foreign nationals shall enjoy the rights guaranteed by this Constitution excepting those rights which are qualitatively reserved for Japanese nationals.
(2) Every person shall have the right to enjoy and demand protection from harm. The conditions for applying this provision to persons without Japanese nationality in Japan shall be considered according to international standards and provided for by law.
Article 14. (Equality Under the Law)
All of 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.
(2) Peers and peerage shall not be recognized.
(3) No privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it.
Article 15. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.
Article 16. (Freedom of Religion, Separation of Religion and State)
Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor interfere in governance, nor exercise any political authority.
(2) No person shall be compelled to take part in any religious act, celebration, rite or practice.
(3) The State and its organs shall refrain from denominational religious activities. However, traditional and ceremonial religious acts are exempted from this provision.
Article 17. (Freedom of Assembly and Association, Expression, Private Rights, Right to Know)
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.
(3) The freedoms stipulated in the preceding two paragraphs may be limited by law for the purposes of protecting portrait rights, honorary rights, private rights and the protection and cultivation of youths.
(4) The right to receive information and the right to collect information are guaranteed.
Article 18. (Political Parties)
Political parties shall be a foundational means of assembly for shaping the people’s political awareness and the people’s participation in government.
(2) The free association and activity of political parties shall be permitted on condition of their observation of the Constitution, laws and ordinances.
(3) Political parties must be democratically organized.
Article 19. (Academic Freedom, Autonomy of Universities)
Academic freedom and the autonomy of universities are guaranteed.
Article 20. (Protection of Bioethics)
The State shall endeavor to protect bioethics for the purposes of maintaining the dignity of life and the safety of physical bodies alongside social order.
Article 21. (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.
Article 22. (Guarantee on Apprehension)
No person shall be apprehended except upon warrant issued by a competent judge which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.9
Article 23. (Guarantee on Detention and Imprisonment)
No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.
Article 24. (Guarantee on Residence Intrusion, Search and Confiscation)
The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, or except as provided by Article 22.
(2) Each search or seizure shall be made upon separate warrant issued by a competent judge.10
Article 25. (Prohibition on Torture and Cruel Punishments)
The infliction of torture by any public officer and cruel punishments are absolutely forbidden.
Article 26. (Freedom from Bondage and Involuntary Servitude)
No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.
Article 27. (Rights of the Accused)
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
(2) They shall be permitted full opportunity to examine all witnesses, and they shall have the right of compulsory process for obtaining witnesses on his behalf at public expense.
(3) At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by their own efforts, be assigned to their use by the State.
Article 28. (Relief of Criminals)
Victims of grievous crime, or the bereaved relatives of such victims, may receive relief from the State as provided for by law.
Article 29. (Right of Refusal to Self-Incriminate, Evidential Admissibility of Confession)
No person shall be compelled to testify against himself.
(2) Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.
(3) No person shall be convicted or punished in cases where the only proof against them is their own confession.
Article 30. (Prohibition on Retroactive Penalties and Double Jeopardy)
No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which they have been acquitted, nor shall they be placed in double jeopardy.
Article 31. (The Right to Own or Hold Property)11
The right to own or to hold property is guaranteed.
(2) Property rights shall be defined by law.
(3) Land, natural resources, the natural environment and other properties necessary to national livelihood shall be subject to regulations for securing their effective, appropriate and fair use.
(4) Private property may be taken for public use upon just compensation therefor.
Article 32. (Intellectual Property Rights)
The State shall have the duty to protect intellectual property.
Article 33. (Freedom to Choose Residence, Moving and Occupation, Moving Overseas, Divesting of Nationality)
Every person shall have freedom to choose and change their residence and to choose their occupation.
(2) Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Article 34. (Right to Trial)
No person shall be denied the right of access to the courts.
Article 35. (Right to Claim Criminal Indemnity)
Any person, in case they are acquitted after they have been arrested or detained, may sue the State for redress as provided by law.
Article 36. (Right to Petition)
Every person 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 a petition.12
Article 37. (Right to Claim State Compensation)
Every person may sue for redress as provided by law from the State or a local governing body, in case they have suffered damage through illegal act of any public official.13
Article 38. (Right to Political Participation)
The people have the inalienable right to choose their public officials and to dismiss them.
(2) All 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.
(4) In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice they have made.
Article 39. (Protection of Families, Freedom of Marriage)14
The State shall protect the family as the natural and foundational unit of society.
(2) Parents shall have the right and the obligation to care for and rear their children. The State shall render any necessary assistance to parents in fulfilling their duties therefor.
(3) Marriage shall be based on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
(4) With regard to choice of spouse, property rights, inheritance, choice of domicile, and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of human dignity and the essential equality of a husband and a wife, as well as respect for the value of the family as the basis of society.
Article 40. (Right to Live)
All people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
(3) The claiming of relief in a court for the right stipulated in the first paragraph may proceed only by following the concrete stipulations of a given law.
Article 41. (Education Rights)
All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
(2) All people shall be obligated to have all children under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.
(3) The State shall be responsible for an outline of creating and implementing public education.
Article 42. (Rights and Obligations on Work)
All people shall have the right and the obligation to work.
(2) Workers shall be respected as human beings and have the right to receive appropriate compensation from their workplace.
(3) Standards for wages, hours, rest and other working conditions shall be fixed by law.
(4) Children shall not be exploited.
Article 43. (Collective Assembly and Collective Action Rights of Workers)
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 44. (Environmental Rights)
All people shall have the right to enjoy a beneficial environment and the obligation to endeavor towards its preservation.
(2) The State shall endeavor to implement policies for the preservation of a beneficial environment.
(3) The claiming of relief in a court for the right stipulated in the first paragraph may proceed only by following the concrete stipulations of a given law.
Article 45. (Taxpaying Obligations)
All people shall be liable to taxation as provided by law.15
Article 46. (Obligation to Observe Law)
All people shall bear the obligation to observe this Constitution, as well as the laws and ordinances stipulated by the State and local governing bodies.
Article 47. (Obligation to Protect Nation)
The people shall collectively bear the obligation to protect Japan’s safety and independence.
Article 48. (Executive Auditors)
The office of ombudsman shall be established and appointed by the Diet, by law, to support the rights and freedoms stipulated in this chapter.
(2) The ombudsman shall be entrusted by the Diet to supervise and research executive activities, and to carry out necessary advice and counsel from the Diet.
(3) The ombudsman shall submit an annual report on executive activities to the Diet.
Chapter III. Legislative Power
Article 49. (Legislative Power)
Legislative power shall reside in the Diet.
Article 50. (Bicameral System)
The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.
Article 51. (Organization of Houses)
Both Houses shall consist of elected members, representative of all the people.
(2) The number of the members of each House shall be fixed by law.
Article 52. (Credentials of Diet Members and Electors)
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 53. (Term of Office for Members of House of Representatives)
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.
Article 54. (Term of Office for Members of House of Councilors)
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.
Article 55. (Principles on Elections for Both Houses and Resolution of Election Matters)
Members of the House of Representatives and the House of Councillors shall be chosen through direct election by the people.
(2) Electoral districts, method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law.
Article 56. (Prohibition on Joint Office in Both Houses)
No person shall be permitted to be a member of both Houses simultaneously.
Article 57.([Annual Payments to Diet Members)
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.
Article 58. (Privilege of Non-Arrest)
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 59. (Privilege of Nonliability)
Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.
Article 60. (Ordinary Sessions]
An ordinary session of the Diet shall be convoked once per year.
Article 61. [Extraordinary Sessions)16
The Prime Minister 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 Prime Minister must determine on such convocation within twenty (20) days.
Article 62. (Joint Committees)
When the Diet is convoked following a general election of members of the House of Representatives and a regular election of members of the House of Councillors, a joint committee of both Houses must be elected without delay.
(2) The joint committee of both Houses shall be composed of between twenty to thirty members chosen in proportion to the various factions within each of the two Houses.
(3) The joint committee of both Houses shall execute on behalf of the Diet in case of urgent necessity to the State, or when the Diet cannot be convoked.
(4) Measures taken by the joint committee of both Houses shall lose their effect unless the agreement of the Diet is secured within ten days following the opening of the next Diet session.
(5) Members of the joint committee of both Houses shall continue their functions following the expiration of their term of office as a Diet member, or after the dissolution of the House of Representatives, until the next Diet is convoked.
Article 63. (Dissolution of House of Representatives, Emergency Sessions, Joint Committee Convocation)17
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 Prime Minister may in time of national emergency convoke the joint committee of both Houses in emergency session.
Article 64. (Disputes over Diet Members’ Qualifications)
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 65. (Quorum on Resolution of Proceedings and Votes)
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 66. (Public Deliberations)
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 67. (Autonomy of Both Houses)
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 68. (Resolution of Bills)
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, becomes a law when passed a second time by the House of Representatives. However, the House of Representatives may not reconsider a resolution passed by the House of Councillors for sixty (60) days, excepting periods when the Diet is in recess.
(3) The provision of the preceding paragraph does not preclude the House of Representatives 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 sixty (60) 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 69. (Resolution of Budgets)18
A budget bill must first be submitted to the House of Representatives.
(2) Upon consideration of a 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 70. (Approval of Treaties)
The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.
Article 71. (Right of Both 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.
(2) Upon demand of one-third or more of the members present for an investigation in relation to government, each House must carry out such an investigation.
Article 72. (Committee on Constitutional Expertise)
Both Houses shall establish expert committees to judge the constitutionality of a bill and the legality of an cabinet order.
Article 73. (Right and Obligation of Prime Minister to Attend Diet Sessions)
The Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations.
Article 74. (Impeachment Courts)
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.
Chapter IV. Executive Power
Article 75. (Executive Power)
Executive power shall reside in the Prime Minister.
Article 76. (Responsibility Towards Diet)
The Prime Minister shall be responsible to the Diet for their use of executive power.
Article 77. (Candidates for Prime Minister in General Election, Clarifying of Basic Policy)
During a general election for members of the House of Representatives, political parties must clarify their candidate for Prime Minister and their basic policy on administration.
Article 78. (Appointment of Prime Minister)19
The Prime Minister shall be designated from among the members of the House of Representatives by a resolution of the House of Representatives. This designation shall precede all other business.
Article 79. (Ministers of State, Cabinet)
The Prime Minister shall appoint the Ministers of State. However, a majority of their number must be chosen from among the members of the Diet.
(2) The Prime Minister may remove the Ministers of State as he chooses.
(3) The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law.
(4) The Prime Minister and other Ministers of State must be civilians.
Article 80. (No-Confidence Vote of Cabinet, Dissolution of House of Representatives)
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 81. (Temporary Deputy of Prime Minister)
When the Prime Minister is incapacitated or there is a vacancy in the post, a Minister of State of prior designation shall temporarily assume the office of the Prime Minister.
(2) In case of Article 80 and the preceding paragraph, the Prime Minister shall continue their functions until the appointment of a new Prime Minister.
Article 82. (Functions of the Prime Minister)20
The Prime Minister presides over state affairs, faithfully administers the law, and exercises control and supervision over various executive branches.
(2) The Prime Minister, in addition to the stipulations of this Constitution, shall have the following powers:
1. Submit bills on constitutional revision, law and other matters to the Diet.
2. Manage foreign affairs.
3. Conclude treaties. However, they 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. Prepare the budget, and present it to the Diet.
6. Enact cabinet orders in order to execute the provisions of the law. However, they cannot include penal provisions in such cabinet orders unless authorized by such law.
7. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Article 83. (Functions of Ministers of State)
The Ministers of State shall assist the Prime Minister, and the competent Ministers of State shall undertake the shared management of executive affairs. However, this shall not affect the status of ministers uninvolved in the shared management of executive affairs.
Article 84. (Signing of Laws and Cabinet Orders)
All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister.
Article 85. (Legal Action Against Ministers of State)
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.
Article 86. (Consultative Referendum)
Government matters of especial urgency may be referred to a consultative referendum.
(2) A referendum shall be carried out on the basis of a proposal by the Prime Minister that is approved by the Diet.
(3) The conditions and procedures for a referendum shall be provided by law.
Article 87. (Response to State of Emergency)
The powers wielded by the Prime Minister and the Diet in a state of emergency related to defense, security or a disaster shall follow the principles stipulated in this article as provided for by law.
(2) The Prime Minister, based on this Constitution and the law, may proclaim a state of emergency, and directly command any measures necessary from the military, the police, and the firefighters, as well as from all organs of the State and the local governing bodies.
(3) The Prime Minister must obtain the approval of the Diet within fifteen (15) days following the proclamation of a state of emergency. When both Houses of the Diet cannot be convoked, the approval of the joint committee of both Houses must be obtained.
(4) The House of Representatives may not be dissolved during the proclamation of a state of emergency.
(5) The measures ordered by the Prime Minister during a state of emergency must not exceed the minimum required to protect the life, liberty and property of the people.
Chapter V. Judicial Power
Article 88. (Judicial Power, Independence of Judges)
The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
(2) No organ or agency of the Executive shall be given final judicial power.21
(3) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
Article 89. (Supreme Court’s Rule-Making Power)
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 shall be subject to the rule-making power of the Supreme Court.
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.
Article 90. (Guarantee of Judges’ Status)
Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform their official duties. No disciplinary action against judges shall be administered by any executive organ or agency.
Article 91. (Judges of the Supreme Court)
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 Prime Minister.22
(2) The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.
(3) All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 92. (Judges of the Inferior Courts)
The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. However, they shall be retired upon the attainment of the age as fixed by law.23
(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 93. (Screening of Constitutionality)
If it is established that laws and ordinances applied to specific court cases may be in violation of the Constitution, the Supreme Court and the inferior courts must halt legal proceedings and request the judgment of the Constitutional Court.
Article 94. (Public Access to Trials)
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 always be conducted publicly.
Chapter VI. The Constitutional Court
Article 95. (Judges of the Constitutional Court)
The Constitutional Court shall consist of a Chief Judge and such number of judges as may be determined by law. One-quarter each of these judges shall be derived by the appointment of, respectively, the House of Representatives, the House of Councillors, the Prime Minister and the Chief Judge of the Supreme Court.
(2) The Chief Judge of the Constitutional Court shall be chosen by the mutual election of the judges of the Constitutional Court.
(3) The term of office for judges of the Constitutional Court shall be ten (10) years with no privilege of reappointment.
(4) The judges of the Constitutional Court shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 96. (Guarantee of Constitutional Court Judges’ Status)
The stipulations in Article 90 shall apply to the guarantee of the status of judges of the Constitutional Court.
Article 97. (Constitutional Court’s Rule-Making Power)
The stipulations in paragraph 1 of Article 89 shall apply to the Constitutional Court’s rule-making power.
Article 98. (Powers of the Constitutional Court)
The Constitutional Court shall have the following powers:
1. Reviewing the constitutionality of treaties, laws, orders, rules and punishments in specific court cases, or at the demand of the Supreme Court or the inferior courts.
2. Reviewing the constitutionality of treaties, laws, orders, rules and punishments at the motion of two-thirds or more of the total number of members of either House in the Diet, or the motion of the Prime Minister.
3. Ruling on legal disputes between the State and a local governing body, or between local governing bodies.
4. All other matters provided for by law.
Article 99. (Validity of Constitutional Court Judgements)
The Constitutional Court’s judgements shall have legal force from the following day after their official announcement and bind all public authority.
Chapter VII. Finance
Article 100. (Basic Principles on Finance Management)24
The power to administer national finances shall be exercised as the Diet shall determine.
(2) The State shall endeavor towards the balanced and sound management of its finances.
Article 101. (Conditions of Taxation)
No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
Article 102. [National Expenditure and Debt Burden]
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 103. (Budgets)25
The Prime Minister shall prepare and submit to the Diet for its consideration and decision a budget bill for each fiscal year.
(2) The Prime Minister must respect the counsel of the House of Councillors as stipulated in paragraph 2 of Article 106 when preparing the budget bill.
Article 104. (Reserve Funds)26
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 Prime Minister.
(2) The Prime Minister must get subsequent approval of the Diet for all payments from the reserve fund.
Article 105. (Imperial Household Property)
All property of the Imperial Household shall belong to the State. All expenses of the Imperial Household shall be appropriated by the Diet in the budget.
Article 106. (Board of Audit, Approval of Accounts Settlements)27
The Board of Audit shall be the highest organ of audit that inspects the finances of the State as based on delegation by the House of Councillors.
(2) Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and submitted to the House of Councillors, together with the statement of audit, during the fiscal year immediately following the period covered.
(3) The House of Councillors, in its inspection of final accounts, may pass a resolution to give counsel to the Prime Minister.
(4) The organization and competency of the Board of Audit shall be determined by law.
Article 107. (Reports on Financial State)
At regular intervals and at least annually the Prime Minister shall report to the Diet and the people on the state of national finances.
Chapter VIII. Local Self-Government
Article 108. (Fundamental Principles of Local Self-Government)
Regulations concerning organization and operations of local governing bodies shall be fixed by law in accordance with the principle of residential self-governance of the basic autonomous bodies.28
Article 109. (Organization of Basic Autonomous Bodies)
The basic autonomous bodies may establish deliberate organs based on direct voting by their residents as provided for by law.
(2) The basic autonomous bodies may elect a head based on direct voting by their residents or by a deliberative organ as stipulated in the preceding paragraph. However, the method of election of this head shall be determined by ordinance according to the characteristics and size of a basic autonomous body.
Article 110. (Organization of Broad-Based Administration)
The offices of the various prefectural-level municipalities may establish assemblies and the heads thereof as deliberative organs based on direct voting by their residents as provided for by law.
Article 111. (Power of Local Governing Bodies)29
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 according to ordinance.
Article 112. (Matters Exclusive to State Power)
The State shall have exclusive power in the following matters:
1. Nationality, immigration, the status of foreigners and their right of asylum
2. Diplomacy and international affairs
3. National defense
4. Police organization
5. Maritime security
6. The monetary system
7. The judicial system
8. Criminal, civil, business, labor and procedural law
9. Protection of intellectual property rights
10. Customs duties
11. Trade regulations
12. National taxation
Article 113. (Special Law on Residents’ Referendum)30
A special law, applicable only to a specific local governing body, cannot be enacted by the Diet without the consent of the majority of the voters of the local governing body concerned, obtained in accordance with law.
Chapter IX. Amendments
Article 114. (Procedures for Constitutional Revision)
Amendments to this Constitution shall be initiated by the Diet, through a majority vote 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.
(2) Ratification by the people shall be confirmed only if there is a concurring vote of two-thirds or more of all the members of each House for amendments initiated by the Diet.
(3) Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people.
(4) Matters relating to the procedures for constitutional amendment shall be provided for by law.
Chapter X. Supreme Law
Article 115. (Constitution as Supreme law, Observance of International Law)31
This Constitution shall be the supreme law of the nation and no treaty, law, order 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 116. (Public Officials’ Duty to Respect and Uphold Constitution)
The Emperor, their Regent, as well as the Prime Minister, Ministers of State, members of the Diet, judges and all other public officials shall have the duty of respecting and upholding this Constitution.