2012
|Full Draft
EGUCHI Katsuhiko
江口克彦
EGUCHI Katsuhiko1
Revised Draft of the Constitution of Japan2
May 21, 2012
The Constitution of Japan is here enacted with the earnest desire for the prosperity and peace of Japan and the Japanese people.
The Japanese people, who are the sovereigns of Japan, inherit their long history and native cultural traditions, take pride in freedom and their democracy of the sovereign people symbolized by their peerless Emperor, and based on respecting human rights, they aspire to increase their loving protection of their land, the safety of their state, its domestic order and stability, and the welfare of one another. Furthermore, they declare that they shall actively contribute to the realization of global peace and prosperity together with their fellow citizens of the world.
Government originates from the people; its power is wielded by representatives of the people, and its rights are enjoyed by the people. This is a universal principle of humanity, which is the basis of this Constitution.
This Constitution is enacted by the will of the Japanese people, and is the supreme law of Japan they shall observe.
Chapter I. Sovereignty of the People
Article 1. (The Locus of Sovereignty)
The people shall bear the right and the obligation to protect the independence and the sovereignty of Japan.
Article 2. (Representative Democracy and Political Parties)
Political parties shall, with respect to the stipulation on the sovereignty of the people in the preceding paragraph, serve the formation and the expression of the political will of the people, and their freedom of political activity is guaranteed.
(2) Necessary matters relating to the organization and the management of political parties shall be provided for by the law of the State, to the smallest possible extent based on the fairness of their activities, the transparency of the state of their financial resources and the extent to which democratic procedures are secured within a political party.
Article 3. (Conditions of Nationality)
The conditions necessary for being a Japanese national shall be determined by the law of the State.3
Chapter II. Rights and Duties of the People
Article 4. (Enjoyment of Fundamental Human Rights)
The people shall enjoy all of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.4
Article 5. (Duty to Maintain Freedoms and Rights; Prohibition on Abuse Thereof)
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.5
Article 6. (Respect for the Individual; Right to Happiness; Public Interest)
All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public interest, be given highest possible consideration in legislation and in other governmental affairs.6
Article 7. (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.7
Article 8. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.8
Article 9. (Freedom of Religion)9
Freedom of religion is guaranteed to all.
(2) No person shall be compelled to take part in any religious act, celebration, rite or practice.
(3) The State, public entities and all of their organizations shall refrain from propagating any religion and promoting any religious activity.
(4) No religious organization shall receive any privileges from the State. Moreover, no religious organization shall wield political power not be involved in politics.
Article 10. (Freedom of Assembly and Association)
Freedom of assembly and association are guaranteed.
Article 11. (Freedom of Expression and Ban on Censorship)10
Freedom of expression is guaranteed to the extent that it does not interfere with public order and moral customs.
(2) No censorship shall be maintained.
Article 12. (Protection of Privacy Relating to Information)
No person may illegally obtain or use an individual’s personal secrets or information about their private life except on the basis of the public welfare.
(2) The secrecy of all means of communications shall not be violated.11
Article 13. (Right to Know and Protection of Classified Information)
Classified information concerning national defense, foreign relations and public security shall be protected and may not be revealed without due cause, as provided for by the law of the State.
Article 14. (Freedom to Choose and Change Residence and Occupation; Moving Overseas and Divestment of Nationality, Etc.)
Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public interest.
(2) The people shall have the freedom to move to a foreign country and to divest themselves of their nationality.
(3) The people shall not be stripped of their nationality, exiled to a foreign country, or extradited as a criminal to a foreign government without due cause.
Article 15. (Academic Freedom)
Academic freedom is guaranteed.
Article 16. (Physical Freedom)
No person shall be physically detained against their will. Moreover, no person shall be undergo forced labor against their will except as a punishment for a criminal offense.
Article 17. (Family)
The family is the foundational unit on which nature is based and shall always be respected.
Article 18. (Individual Dignity in Family Life and Equality of Men and Women)12
Marriage shall be based only 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.
(2) With regard to choice of spouse, inheritance, choice of domicile, marriage, divorce and other matters pertaining to the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of men and women.
Article 19. (Right to Live; Social Mission of State)13
All people shall have the right to maintain the minimum standards of wholesome and cultured living based on the premise of self-reliance.
(2) The State shall use its endeavors for the promotion of social welfare and security, and for the extension of public health.
Article 20. (Right to Environment and Obligation to State and People)
All people shall have the right to enjoy a good environment.
(2) The State and the people shall have the obligation towards future generations to maintain a good environment.
(3) The State shall, in planning and executing any policy, consider the preservation of a good environment and aim for the construction of a sustainable society where humans and the environment are in harmony.
(4) The State shall use its endeavors to engage in international cooperation for the purpose of preserving and maintaining a good environment.
Article 21. (Right to Receive Education and Obligation to Be Educated)14
All people shall have the right to receive an equal education correspondent to their ability, as provided by national law.
(2) All people shall be obligated to have all children under their protection receive fundamental education as provided for by national law. Education in public institutions shall be free.
Article 22. (Right and Obligation to Work, Standards of Working Conditions and Prohibition on Child Abuse)
All people shall have the right and the obligation to work.
(2) Standards for wages, hours, rest and other working conditions shall be fixed by the law of the State.
(3) Children shall not be exploited.
Article 23. (Right of Workers to Organize)
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 24. (Property Rights)
The right to own or to hold property is inviolable.
(2) Property rights shall be defined by the law of the State, in conformity with the public interest.
(3) Private property may be taken for public use upon just compensation therefor.
Article 25. (Taxpaying Obligation)15
The people and residents of Japan shall be liable to taxation as provided by law.
Article 26. (Essence of Public Service, Right to Choose and Dismiss Public Officials, Guarantee of Universal Suffrage and Secrecy of the Vote)16
All public officials are servants of the whole community and not of any group thereof.
(2) In elections for public officials, people of Japanese nationality shall have the right to vote. The people have the inalienable right to dismiss their public officials.
(3) Universal suffrage for all people of Japanese nationality is guaranteed with regard to the election of public officials as provided for in this Constitution and the law.
(4) Secrecy of the ballot in elections shall not be violated. A voter shall not be answerable, publicly or privately, for the choice they have made, nor shall they be subject to any restriction.
Article 27. (Right to Petition)17
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.
(2) No person shall be in any way discriminated against for sponsoring such a petition.
Article 28. (Compensation Responsibility of State and Public Entities)
Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.
Article 29. (Guarantee of Legal Procedures)18
No person shall be penalized to their disadvantage by public authority, nor shall any other criminal penalty be imposed, except according to procedure established by law.
Article 30. (Right of Access to the Courts)19
All people shall have the right of access to the courts.
Article 31. (Conditions of 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.
Article 32. (Conditions on Arrest and Detainment)
No person shall be arrested or detained without being at once informed of the charges against them or without the immediate privilege of counsel.
(2) No person shall 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 their counsel.
Article 33. (Inviolability of Residence)20
No person, except as provided by Article 31, shall have their homes and effects subject to entries, searches and seizures except upon warrant issued for adequate cause by a judge.
(2) Each search or seizure stipulated in the preceding paragraph shall be made upon separate warrant issued by a judge describing the place to be searched and things to be seized.
Article 34. (Prohibition on Torture and Cruel Punishment)21
The infliction of torture and cruel punishments are forbidden.
Article 35. (The Rights of the Accused in Criminal Cases)22
In criminal cases the accused shall enjoy the right to a speedy and impartial public trial by a 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 their 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 by a court on their behalf.
Article 36. (Prohibition on Forced Testimony and Admissibility of Forced Confession, Etc.)23
No person shall be compelled to testify against themself.
(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 in cases where the only proof against them is their own confession.
Article 37. (Prohibition on Ex Post Facto Punishment 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 38. (Criminal Redress)
Any person, in case they are acquitted after they have been arrested or detained, may sue the State for redress as provided by the law of the State.
Chapter III. The Emperor
Article 39. (The Status of the Emperor)24
The Emperor shall be the head of State of Japan and the symbol of the immanence of Japan; furthermore, the Emperor shall represent Japan as the symbol of the unity of its people and its State.
Article 40. (National Flag and Nation-State)
The Rising Sun flag shall be the national flag; the national anthem shall be the Kimigayo, and these shall both be the symbols of Japan.
(2) The people of Japan shall respect the national flag and the national anthem.
Article 41. (Imperial Succession)25
The Imperial Throne, in accordance with the Imperial House Law passed by the Diet, shall be dynastic.
Article 42. (Advice and Approval of the Prime Minister on Imperial Acts of State)26
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 43. (Imperial Jurisdiction and Delegation of Acts of State to Regent)27
The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and they shall not have powers related to government.
(2) The Emperor, in accordance with the Imperial House Law, may establish a Regency, where the Regent shall perform their acts in matters of state in the Emperor's name. In this case, the Emperor may delegate the performance of their acts in matters of state to the Regent as may be provided by law.
(3) The preceding article and paragraph one will be applicable to the Regency.
Article 44. (Appointment Rights of the Emperor)28
The Emperor shall appoint the Chair of the Legislative House as designated by the Diet.
(2) The Emperor shall, based on the selection of the people in a national referendum as stipulated in Article 66, appoint the Prime Minister. The Emperor shall also appoint the Deputy Prime Minister as designated by the Prime Minister.
(3) The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Prime Minister with the approval of the Legislative House.
Article 45. (Imperial Acts of State)29
The Emperor shall perform the following acts in matters of state:
1. Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
2. Issuance of imperial edict for the convocation of the Diet.
3. Issuance of imperial edict for the dissolution of the Diet.
4. Proclamation of general election of members of the Legislative House.
5. Proclamation of national referendum for the Prime Minister.
6. Attestation of the appointment and dismissal of Ministers of State and other public officials as provided for by law, and of full powers and credentials of the Ambassadors and Ministers for foreign embassies.
7. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
8. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
9. Attestation of the awarding of honors.
10. Receiving foreign ambassadors and ministers.
11. Receiving foreign guests of honor.
12. Performance of ceremonial functions.
Chapter IV. The Diet
Article 46. (Legislative Power of the Diet)30
The Diet shall wield legislative power over the following matters: national defense, foreign relations, commerce, external economic cooperation, currency and the monetary system, finance, imposition of national taxation, customs, State borrowing of funds, pensions, medical insurance, unemployment insurance, protection of cultural property, border control, naturalization, national courts, national prosecution, prisons, criminal policy, maintenance of security, traffic regulations, maritime regulations, airspace regulations, quarantines, patents, copyright, advanced basic research, studies of national statistics, weights and measures, all other national standards, and all matters that require specifications.
(2) Legislative power in all matters not specified in the preceding paragraph and in Article 96 shall reside under the jurisdiction of the Diet.
Article 47. (Unicameralism)
The Diet shall consist of a single House.
(2) The House that the Diet consists of shall be called the Legislative House.
Article 48. (Organization of the Legislative House)31
The House shall consist of elected members, representative of all the people.
(2) The number and qualifications of members of the House and of their electors, the method of voting and other matters pertaining to the method of election of members of the House shall be fixed by law.
Article 49. (Term of Office and Retirement Age of House Members)
The term of office of members of the House shall be four years. However, the term shall be terminated before the full term is up in case the Diet is dissolved.
(2) The retirement age of the members of the House shall be fixed by law.
Article 50. (Prohibition on Joint Appointments)32
Members of the House may not hold office in any executive or judicial organ for the duration of their term, regardless of whether these are organs of the State or of local public entities.
(2) Members of the House may not simultaneously be members of the councils of regional public entities.
Article 51. (Remuneration of House Members)
Members of the House shall receive appropriate annual payment from the national treasury in accordance with law.
Article 52. (Privilege of Non-Arrest for House Members)
Except in cases provided by the law of the State, members of the House 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.33
Article 53. (Responsibility of House Members for Statements and Votes)
Members of the House shall not be held liable outside the House for speeches, debates or votes cast inside the House.
Article 54. (Mission of Legislative House, Selection of Members, Rules and Punishments of the House)34
The Legislative House shall designate its own chair, deputy chair, and other officials.
(2) The Legislative 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, two-thirds or more of those members present must pass a resolution thereon.
Article 55. (Dispute on Qualifications of House Members)
The House shall judge disputes related to qualifications of its members. However, in order to deny the qualifications of any member, it is necessary to pass a resolution by two-thirds or more of the members present.
Article 56. (Ordinary Sessions)
An ordinary session of the Diet shall be convoked once per year.
Article 57. (Extraordinary Sessions)35
The Prime Minister may determine to convoke extraordinary sessions of the Diet. Moreover, when so demanded by the Chair of the Legislative House, or a quarter or more of the total members of the Legislative House, the Prime Minister must determine on such convocation within fifteen days from the date of the demand.
Article 58. (Dissolution, Convocation of Special Sessions and Emergency Sessions)36
The Diet may be dissolved with the approval of a majority of sitting members in the Legislative House.
(2) When the Diet is dissolved, there must be a general election of members of the Diet within fifty (50) days from the date of dissolution, and the Diet must be convoked by the Prime Minister within twenty (20) days from the date of the election.
(3) When the Diet is dissolved during a national emergency, the Prime Minister may demand an emergency assembly of the members of the Diet before the dissolution of the Diet.
(4) Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall lose effect after the opening of the next session of the Diet.
Article 59. (Fixed Number of Members for Voting)37
Business cannot be transacted in the Legislative House unless one-third or more of its total membership is present.
(2) All matters shall be decided, in the Legislative House, by a majority of those present, except as elsewhere provided in the Constitution, and in case of a tie, the Chair of the Legislative House shall decide the issue.
Article 60. (Public Deliberation, Records of Proceedings)38
Deliberation in the Legislative House shall be public. However, a secret session may be held where two-thirds or more of those members present passes a resolution therefor.
(2) The Legislative House shall keep a record of proceedings, which shall be published and given general circulation. However, the publication of proceedings of secret sessions shall be determined by law.
(3) The vote of every member on any matter shall be recorded in the minutes.
Article 61. (Passage of Laws)39
A bill becomes a law on passage by the Diet except as otherwise provided by this Constitution.
Article 62. (Right to Investigate Government)40
The Legislative House may conduct investigations into government, and may demand the presence and testimony of witnesses, and the production of records related to its investigations.
Article 63. (Attendance of Diet Sessions by Prime Minister and Related Officials as Right and Obligation)41
The Prime Minister, the Deputy Prime Minister and the Ministers of State may, at any time, appear in either House for the purpose of speaking on bills. Moreover, they must appear when their presence is required in order to give answers or explanations.
Article 64. (Impeachment Court)42
The Diet shall set up an impeachment court from among its members for the purpose of trying those judges of the courts of the State against whom removal proceedings have been instituted.
(2) Matters relating to the impeachment of the judges of the State shall be provided by the law of the State.
Chapter V. The Prime Minister and the Cabinet
Article 65. (Executive Power of the State)
The Prime Minister shall wield executive power over the legislative power of the Diet and related matters.
Article 66. (The Prime Minister and the Deputy Prime Minister)43
The Prime Minister and the Deputy Prime Minister shall be designated by the people through direct election as provided for by the law of the State.
(2) Candidates for the Prime Minister must specify in advance their candidate for Deputy Prime Minister (this shall refer, as in paragraph 4, to the designation of the Deputy Prime Minister when the candidate for Prime Minister is successfully elected as such by national referendum).
(3) The term of office for the Prime Minister and the Deputy Prime Minister shall be four years, with a maximum of two terms on re-election.
(4) The candidates for the Prime Minister and the Deputy Prime Minister must be civilians.
(5) Aside from the provision in the preceding paragraph, all other matters related to the national referendum for the Prime Minister shall be fixed by law.
Article 67. (Appointment and Dismissal of Ministers of State and Organization of Cabinet)
The Prime Minister shall appoint the Ministers of States.
(2) The Ministers of State must be civilians.
(3) The Cabinet shall consist of the Prime Minister, the Deputy Prime Minister, and the Ministers of State.
(4) The Prime Minister may remove the Ministers of State as he chooses.
Article 68. (Prohibitions on Joint Office for Prime Minister, Deputy Prime Minister, and Ministers of State)44
The Prime Minister, the Deputy Prime Minister and the Ministers of State may not jointly hold office as judges and as public officials in regional public entities.
(2) The Prime Minister, the Deputy Prime Minister and the Ministers of State may not hold positions in a for-profit entity, or manage any such entity themselves. Moreover, they may not be remunerated for holding any other position.
Article 69. [Remuneration of Prime Minister, Deputy Prime Minister, and Ministers of State]
The Prime Minister, the Deputy Prime Minister, and the Ministers of State shall receive, at regular stated intervals, adequate compensation for their offices as provided for by the law of the State.
Article 70. (Non-Confidence Resolution of Prime Minister and Dissolution of House of Representatives of the People)
The Prime Minister, along with the Deputy Prime Minister and the Ministers of State, must resign in case two-thirds or more of sitting members of the Legislative House passes a non-confidence resolution against them.
(2) In the case of the preceding paragraph, the Diet shall be dissolved.
Article 71. (Dissolution of Diet by Prime Minister, Resignation of Cabinet)45
The Prime Minister may dissolve the Diet.
(2) In the case of the dissolution of the Diet stipulated in the preceding paragraph, the Prime Minister, along with the Deputy Prime Minister and the Ministers of State, must resign.
Article 72. (Non-Confidence Resolution by National Referendum on Prime Minister)
As provided for in law and in Article 66, a vote of confidence must be enacted for the Prime Minister in the case of an initiation signed by one-tenth of the people with voting status in a national referendum.
(2) In the vote of confidence based on the preceding paragraph, in the absence of a majority of valid votes of confidence in the Prime Minister, the Prime Minister, the Deputy Prime Minister and the Ministers of State must resign together.
Article 73. (National Referendum Following Resignation of Prime Minister)
When there is a vacancy in the post of Prime Minister, or the Prime Minister has resigned, a national referendum to elect the Prime Minister must be held within fifty (50) days.
Article 74. (Acting Representative of Prime Minister)46
In case it is determined that the Prime Minister is incapacitated in their ability to wield their power and fulfil their obligations, the Deputy Prime Minister shall carry out the functions of the Prime Minister.
(2) In case the Prime Minister and the Deputy Prime Minister are both determined to be incapacitated in their ability to wield their power and fulfil their obligations, the Chair of the House of Representatives of the People shall carry out their functions.
Article 75. (Cabinet After Resignation of Prime Minister)47
When there is a vacancy in the post of Prime Minister, or the Prime Minister has resigned, the Cabinet shall continue carrying out their official functions when the Prime Minister resigns until the appointment of a new Prime Minister.
Article 76. (Powers of the Prime Minister)48
The Prime Minister shall convoke the Diet.
(2) The Prime Minister shall submit bills and budget bills to the Diet on behalf of the Cabinet, and further report to the Diet on general national affairs and foreign relations.
(3) The Prime Minister shall exercise control and supervision over the Cabinet and bear final responsibility therefor.
(4) The Prime Minister shall conclude treaties. However, the prior or, if there are unavoidable circumstances, the subsequent approval of the Diet must be obtained.
Article 77. (Official Functions of the Cabinet)49
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
1. Administer the law of the State faithfully; manage affairs of state.
2. Manage foreign affairs.
3. Supervise public officials, in accordance with standards established by the law of the State.
4. Enact cabinet orders in order to execute the provisions of the law of the State. However, it cannot include penal provisions in such cabinet orders unless authorized by the law of the State.
5. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Article 78. (Signature of Laws and Cabinet Orders)50
The Prime Minister must sign all laws passed by the Diet.
(2) Cabinet orders shall require the signature of the Prime Minister.
Article 79. (Privilege of Deputy Prime Minister and Ministers of State)51
The Deputy Prime Minister and the Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.
Chapter VI. National Security
Article 80. (Repudiation of Wars of Aggression)52
Japan shall never engage in a war of aggression or approve of a war of aggression by another country.
Article 81. (Possession of National Armed Forces)53
Japan has the right to self-defense and to possess national defense forces to protect its own independence and sovereignty, and to contribute to the peace of international society.
Article 82. (Supreme Command of National Armed Forces)
The Prime Minister shall wield supreme command over the national defense forces.
Article 83. (Diet Approval of National Armed Forces)
The military capacity, composition and budget of the national defense forces must receive the approval of the Diet.
(2) The mobilization or dispatch of the national defense forces must receive the prior approval of the Diet, or, in unavoidable circumstances, within subsequent five days.
Article 84. (Establishment of Military Court)54
A military court for the national defense forces shall be established as provided for by the law of the State to conduct trials on matters relating to the missions of the national defense forces. However, this court shall not be given final judicial power.
Chapter VII. Emergency Countermeasures
Article 85.55
The Prime Minister, in case of infringement of the sovereignty of Japan, a large-scale disaster, or any other state where the safety of the Japanese people is under significant threat, may declare a state of emergency as based in law. The Prime Minister may also limit the rights of the people to the minimum extent necessary to safeguard the lives, freedom and happiness of the people, and may directly issue instructions and orders to all the executive organs of the State and the regional public entities.
(2) Within three days of the declaration of a state of emergency, the approval of the Diet must be obtained.
(3) The Prime Minister may recall a declaration of a state of emergency. Moreover, the Diet may declare a recall of a declaration of a state of emergency through a resolution approved by two-thirds or more of members present.
(4) All instructions and orders issued by the Prime Minister under a state of emergency, based on the stipulations in the first paragraph, are void with the recall of a state of emergency.
(5) The Diet may not be dissolved during a declaration of a state of emergency based on the stipulations in the first paragraph.
Chapter VIII. National Finance
Article 86. (Fundamental Principles of Managing National Finances)56
The Prime Minister shall wield jurisdiction over the management of national finances, based on the determination of the Diet. The Prime Minister shall be responsible for the exercise of their power therefor.
(2) The Prime Minister must endeavor to manage national finances effectively and sustainably.
Article 87. (National Taxation]
No new taxes shall be imposed or existing ones modified except by national law or under such conditions as national law may prescribe.
Article 88. (National Expenditure and National Debt Burden)57
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 89. (National Budget)58
The Prime Minister shall prepare and submit to the Diet for its consideration and decision a budget bill for each fiscal year.
(2) In such special case as determined is necessary, the Prime Minister may prepare and submit a budget bill for continuing expenditure over multiple fiscal years to the Diet, as provided for by the law of the State.
Article 90. (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 Prime Minister.
(2) The Prime Minister must obtain the subsequent approval of the Diet for all payments from the reserve fund.
Article 91. (Imperial Household Property and Expenditure)
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 national budget.
Article 92. (Expenditure of Public Funds and Limits on Use of Public Resources)59
No public money shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable or benevolent enterprise not under the control of public authority.
(2) Public property, if handled through procedures fixed by law, may be used provided they do not contravene public welfare.
Article 93. (Reports on Financial Situation)
At regular intervals and at least annually the Prime Minister shall report to the Diet and the people on the state of the national finances.
Article 94. (Board of Audit and National Accounts)60
A Board of Audit shall be set up by the Prime Minister within the Diet shall be set up to audit the state of management of national finances.
(2) The Prime Minister must submit to the Diet by the following fiscal year all final accounts of national revenue and expenditure, as well as income and debt.
(3) The final accounts of national revenue and expenditure as well as income and debt stipulated in the preceding paragraph shall all be audited by the Board of Audit every fiscal year, which shall submit a report therefor to the Legislative House.
(4) In case the Diet determines the necessity of improving the accounts of national revenue and expenditure, it may advise the Prime Minister on measures of improvement therefor.
Chapter IX. Regional Sovereignty
Article 95. (Establishment of States and Provinces)61
The states or the provinces (states and provinces) shall be established as broad-based local public entities.
Article 96. (Powers of States and Provinces)62
The states and the provinces shall have the power to enact laws, and wield executive power over matters related to such laws, in the following areas within state and provincial jurisdiction: taxation, provision of credit, police and prosecution, trials related to state and provincial law, river management, roads; communications infrastructure, airports, harbors; the maintenance of water and sewage facilities as well as other social resources; the promotion of agriculture and preservation of land therefor; the collection and disposal of industrial waste, forestry works in the states and the provinces, disaster relief in the states and the provinces, caregiving insurance, occupational development and security, employment and labor unions; the social welfare of children, the disabled, and the elderly; the establishment of childcare facilities and other works related to child-rearing, the caretaking of the disabled and other works related to support for the disabled, firefighting, emergency rescue, provision of medical services; prevention of infectious disease and maintenance of living environment; secondary and tertiary education, basic education and kindergartens, libraries (other than the National Diet Library), the infrastructure and maintenance of parks (other than national parks and semi-national parks), urban planning, road infrastructure, provision of residences, pollution measures, household registers, ledgers of residential household registers, and any other matters appropriate for management by a broad-based regional public entity.
Article 97. (State and Provincial Councils, State and Provincial Governors)63
The states and the provinces shall establish assemblies to wield the legislative powers stipulated in the preceding paragraph, headed by a chief officer that shall be the governor of a state or the governor of a province.
(2) The councils of the states and the provinces and the governors of the states and the provinces shall be directly elected by the residents of the states and the provinces via the laws of each state and each province.
(3) The states and the provinces shall enact laws for the states and the provinces that provide for the powers of the councils of the states and the provinces and the governors of the states and the provinces.
Article 98. (Establishment and Powers of Cities, Etc.)64
The provinces shall establish cities and other municipalities as basic regional public entities within their regional jurisdiction.
(2) From the perspective of promoting local self-government, cities and other municipalities shall fundamentally bear the maximum possible amount of administration as regional public entities attached to their residents, dividing the role they play in this area with their state or their province.
(3) The councils and the governors of the cities and other municipalities shall be directly elected by their residents as provided for by state or provincial law.
(4) The cities and other municipalities may enact necessary ordinances, based on state or provincial law, for the purpose of fulfilling their municipal functions.
Article 99. (Financial Adjustment Between States and Provinces)65
In case a significant imbalance occurs between the economic capacities of the states and the provinces, a financial coordination assembly consisting of all the governors of the states and the provinces may coordinate their inter-regional finances therefor.
Chapter X. Judicial Power and the Courts
Article 100. (Judicial Power and the Courts)66
The whole judicial power is vested in a Supreme Court, in such inferior courts as are established by the law of the State, and in such courts as are established by state or provincial law.
(2) No extraordinary tribunal shall be established. No organ or agency of the Executive shall be given final judicial power.
Article 101. (Power of Judging Constitutionality)
The Supreme Court is the court of last resort with power to determine the constitutionality of any treaty, law, order, regulation or official act.
Article 102. (Powers of the Supreme Court)67
The Supreme Court shall have jurisdiction over the following matters:
1. Judging the constitutionality of treaties, laws, ordinances, regulations and punishments, where so applied for by the Prime Minister or of one-third or more of all members of the Legislative House.
2. Judging the constitutionality of items in a specific legal case, when so requested by the inferior courts or the regional courts.
3. Judging a dissenting opinion when a party in a specific legal case objects to constitutional judgments made by the inferior courts or the regional courts.
4. Being the court of last resort for trials involving the laws and ordinances of the State, and trials involving multiple states or provinces.
Article 103. (Effect of Supreme Court Rulings)
When the Supreme Court rules on the constitutionality of a case, its ruling is thereafter binding on all organs of the State and the regional public entities.
Article 104. (Supreme Court Judges, Retirement, Remuneration)
The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law. All such judges shall be designated by the Diet and appointed by the Prime Minister.
(2) The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by the law of the State.
(3) All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 105. (Judges of the Supreme Court and Review by the People)
The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the Legislative House following their appointment, and following this, a review by the people shall be conducted during every general election of members of the Legislative House.
(2) In cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed.
(3) Matters pertaining to review shall be prescribed by the law of the State.
Article 106. (Inferior Court Judges, Term of Office, Retirement, Remuneration)
The judges of the inferior courts shall be appointed by the Chief Judge of the Supreme Court.
(2) All such judges shall hold office for a term of ten (10) years with privilege of reappointment. However, they shall be retired upon the attainment of the age as fixed by the law of the State.
(3) 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 107. (Power and Judges of Regional Courts)
The regional courts shall carry out trials related to legal cases involving the laws and ordinances of the states or the provinces.
(2) The legal system of the states and the provinces and the legal status of judges therein shall be prescribed by the laws of each state and each province.
Article 108. (Rule-Making Power of Supreme Court)68
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 in provisions of the preceding paragraph.
(3) The Supreme Court may delegate the power to make rules for inferior courts to the inferior courts, and the power to make rules for the regional courts to the regional courts.
Article 109. (Independence of Judges and Guarantee of Status)69
All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the law.
(2) No judge shall be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform their official functions. No disciplinary action against judges shall be administered by any executive organ or agency.
Article 110. (Public Access to Trials)70
Trials shall be conducted and judgment declared publicly.
(2) Where the majority of presiding judges on a court determines publicity to be dangerous to public order, morals, or the personal life of a party to a legal case, a trial may be conducted privately.
Chapter XI. Amendments
Article 111.71
The members of the Legislative House may submit a bill for the amendment of this Constitution to the Legislative House on obtaining a concurring vote of one-quarter or more of all the sitting members therefor. Moreover, the Prime Minister may initiate an amendment to this Constitution regardless of the concurrence of the Legislative House.
(2) The Diet may approve the amendment of this Constitution with a concurring vote of three-fifths or more of all the members of the Legislative House.
(3) Amendments when so ratified by the Diet shall immediately be promulgated by the Emperor in the name of the people.