2012
|Full Draft
Jiyū-Minshutō: Liberal Democratic Party (2012)
自由民主党
Liberal Democratic Party (LDP)1
Draft for the Amendment of the Constitution of Japan2
Translation by VOYCE (Voices of Overseas Youth for Civic Engagement)3
April 27, 2012
Preamble
Japan is a nation with a long history and unique culture, having the Emperor as the symbol of the unity of the people, governed based on the separation of the legislative, administrative and judicial powers subject to the sovereignty of the people.
Our nation has overcome and developed from the ruins of the last war and many great disasters, and now holds an important position in the international society, promoting amicable relations with foreign countries and contributing to the peace and prosperity of the world under a doctrine of peace.
We, the Japanese people, defend our country and territorial land with pride and strong spirit, and respecting fundamental human rights, do value harmony and do form a nation where families and the whole society support each other.
We hold freedom and discipline in high regard, and while defending this beautiful territory and natural environment, do promote education, science and technology and the growth of the country through vigorous economic activities.
We, the Japanese people, in order to pass on our good traditions and our nation to posterity for many years to come, do hereby establish this Constitution.
Chapter I: The Emperor
Article 1. (The Emperor)
The Emperor is the head of the State and shall be the symbol of the State and of the unity of the people, deriving his position from the will of the people with whom resides sovereign power.
Article 2. (Succession to the Imperial Throne)
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.
Article 3. (National Flag and National Anthem)
The national flag is the rising sun flag and the national anthem is Kimigayo.
(2) The Japanese people must respect the national flag and the national anthem.
Article 4. (Era Names)
The era name as provided by law shall be determined when the Imperial Throne is succeeded to.
Article 5. (Authority of the Emperor)
The Emperor shall perform (Omitted: “only”) such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government.
Article 6.(Constitutional functions, etc. of the Emperor)
The Emperor, on behalf of the people, shall appoint the Prime Minister as designated by the Diet and shall appoint the Chief Judge of the Supreme Court as designated by the Cabinet.
(2) The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
1. Promulgation of amendments of the Constitution, laws, cabinet orders and treaties.
2. Convocation of the Diet.
3. Dissolution of the House of Representatives.
4. Proclamation of general election of members of the House of Councillors and of regular election of members of the House of Representatives.
5. Attestation of the appointment and dismissal of Ministers of State and other public officials of the State as provided for by law.
6. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
7. Awarding of honors.
8. Attestation of full powers and credentials of Ambassadors and Ministers, instruments of ratification and other diplomatic documents as provided for by law.
9. Receiving foreign ambassadors and ministers.
10. Performance of ceremonial functions.
(3) The Emperor may delegate the performance of his acts in the preceding two paragraphs as may be provided by law.
(4) The suggestions of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor. However, with regard to the dissolution of the House of Representatives, the Prime Minister shall decide the issue.
(5) In addition to those listed in the first and second paragraphs, the Emperor shall attend ceremonies held by the State, local governments or other public entities, and shall perform other public activities.
Article 7. (Regency)
When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform his acts in matters of state in the Emperor’s name.
(2) Article 5 and the provisions in the fourth paragraph of the preceding article shall apply to the Regency.
Article 8. (Restrictions to the Imperial House on the Alienation of Property, Etc.)
No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, except in cases provided by law, without Diet approval.
Chapter II: National Security
Article 9. (Pacifism)
Aspiring sincerely to an international peace based on justice and order, the Japanese people (Omitted: “forever”) renounce war as a sovereign right of the nation and will not employ the threat and use of force as a means of settling international disputes. (Deleted: In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.)
(2) The provisions in the preceding paragraph shall not prevent the exercise of the right to self-defense.
Article 9-2. (National Defense Military)
In order to secure peace and independence for our nation as well as the safety of the State and the people, the National Defense Military shall be retained with the Prime Minister as the supreme commander.
(2) The National Defense Military, when carrying out tasks prescribed in the preceding paragraph, shall be subject to Diet approval and other controls, as provided by law.
(3) The National Defense Military, in addition to the activities for performing the duties in the first paragraph, shall conduct international cooperative activities in order to secure the peace and safety of the international society and maintain public order, or conduct activities in order to defend the lives or freedoms of the people, as provided by law.
(4) Other matters relating to the organization, regulation and security protection of the National Defense Military subject to the preceding two paragraphs shall be determined by law.
(5) In order to conduct trials when crimes associated with official duties or confidential matters of the National Defense Military are committed by National Defense Military personnel or other public officials, a military tribunal shall be established in the National Defense Military, as provided by law. In this case, the defendant’s right to appeal to the courts is guaranteed.
Article 9-3. (Territorial Integrity, Etc.)
The State, in order to defend its sovereignty and independence, in cooperation with the people, shall maintain its territorial land, territorial waters and territorial airspace, and shall secure all resources therein.
Chapter III: Rights and Duties of the People
Article 10. (Japanese National)
The conditions necessary for being a Japanese national shall be determined by law.
Article 11. (Enjoyment of Fundamental Human Rights)
The people are entitled to enjoy all of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution are eternal and inviolate rights.
Article 12. (Duties of the People)
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people. The people shall refrain from any abuse of these freedoms and rights, shall be aware of the fact that there are responsibilities and duties that accompany these freedoms and rights, and shall not infringe the public interest and public order.
Article 13. (Respect, Etc. for People as Persons)
All of the people shall be respected as persons. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public interest and public order, be the supreme consideration in legislation and in other governmental affairs.
Article 14. (Equal Protection 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, disability, social status or family origin.
(2) Peers and peerage shall not be recognized.
(3) (Omitted: “No privilege shall accompany”) No award of honor, decoration or any distinction shall be valid beyond the lifetime of the individual who now holds or hereafter may receive it.
Article 15. (Rights, Etc. Pertaining to the Appointment and Dismissal of Public Officials)
The people, with whom sovereign power resides, have the right to choose their public officials and to dismiss them.
(1) All public officials are servants of the whole community and not of any group thereof.
(2) In the case that public officials are appointed through an election, the popular election shall be carried out by all adult people who possess Japanese nationality.
(3) In (Omitted: “all”) elections, secrecy of the ballot shall not be violated. A voter shall not be questioned nor held responsible, publicly or privately, for the choice he has made.
Article 16. (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.
(2) No person shall be in any way discriminated against for sponsoring a petition.
Article 17. (Compensation Claims Against the State, Etc.)
Every person may sue for redress as provided by law from the State, local governments or other public entities, in case he/she has suffered damage through illegal act of any public official.
Article 18. (Freedom from Bondage and Servitude)
No person, irrespective of his will, shall be held in bondage in social or economic relations.
(2) Involuntary servitude, except as punishment for crime, is prohibited.
Article 19. (Freedom of Thought and Conscience)
Freedom of thought and conscience is guaranteed.
Article 19-2. (Prohibition on the Wrongful Acquisition of Personal Information, Etc.)
No person shall wrongfully acquire, possess or utilize any personal information.
Article 20. (Freedom of Religion)
Freedom of religion is guaranteed to all. The State shall not grant privileges to any religious organization. (Omitted: “No religious organization shall exercise any political authority.”)
(2) No person shall be compelled to take part in any religious act, celebration, rite or practice.
(3) The State, local governments and other public entities shall refrain from particular religious education and other religious activities. However, this provision shall not apply to activities that do not exceed the scope of social rituals or customary practices.
Article 21. (Freedom of Expression)
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
(2) Notwithstanding the provisions of the preceding paragraph, engaging in activities with the purpose of harming the public interest and public order and forming associations to attain this objective shall not be recognized.
(3) No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
Article 21-2. (Responsibility to Provide an Account on Governmental Affairs)
The State is responsible for giving the people an account of governmental affairs.
Article 22. (Freedom to Choose and Change Residence and Choose Occupation, Etc.)
Every person shall have freedom to choose and change his residence and to choose his occupation. (Deleted: “to the extent that it does not interfere with the public welfare.”)
(2) Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Article 23. (Academic Freedom)
Academic freedom is guaranteed.
Article 24. (Fundamental Principles Concerning Family, Marriage, Etc.)
Family shall be respected as the natural and fundamental unit of society. Family members must support each other.
(2) Marriage shall be based (Deleted: “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.
(3) With regard to family, maintenance, guardianship, marriage and divorce, property rights, inheritance and other matters pertaining to kinship, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.
Article 25. (Right to Life, Etc.)
All people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) In all spheres of livelihoods of the people, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
Article 25-2. (Responsibility of Environmental Protection)
The State, in cooperation with the people, shall use its endeavors to maintain the environment so that the people can enjoy a satisfactory environment.
Article 25-3. (Protection of Nationals Abroad)
The State shall use its endeavors to protect its nationals abroad when an emergency occurs outside its territory.
Article 25-4. (Consideration Toward Victims of Crime, Etc.)
The State shall give consideration to the human rights and treatment of victims of crime and their families.
Article 26. (Rights and Duties, Etc. Concerning Education)
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, in view of the fact that education is indispensable in pioneering the future of the State, shall use its endeavors for developing an educational environment.
Article 27. (Rights and Duties, Etc. Concerning Labor)
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 law.
(3) No person shall exploit children.
Article 28. (Right of Workers to Organize, Etc.)
The right of workers to organize and to bargain and act collectively is guaranteed.
(2) With regard to public officials, in view of the fact that they are servants of the whole community, all or part of their rights in the preceding paragraph may be restricted, as provided by law. In this case, necessary measures shall be taken to improve the working conditions of public officials.
Article 29. (Property Rights)
The right to own or to hold property is inviolable.
(2) Property rights shall be defined by law, in conformity with the public interest and public order. In this case, with regard to intellectual property rights, consideration shall be given for contributing to the improvement of the intellectual creativity of the people.
(3) Private property may be taken for public use upon just compensation therefor.
Article 30. (Tax Liability)
The people shall be liable to taxation as provided by law.
Article 31. (Guarantee of Due Process of Law)
No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to due process of law.
Article 32. (Right of Access to the Courts)
No person shall be denied the right of access to the courts.
Article 33. (Guarantee of Procedures Relating to Apprehension)
No person shall be apprehended except upon warrant issued by a judge which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.
Article 34. (Guarantee of Procedures Relating to Arrest and Detainment)
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.
(2) The detainee shall have the right to immediately show the cause in open court in his presence and the presence of his counsel.
Article 35. (Inviolability of Residence, Etc.)
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 33.
(2) Each search or seizure under the provisions of the preceding paragraph shall be made upon separate warrant issued by a judge.
Article 36. (Prohibition on Torture and Cruel Punishments)
The infliction of torture by any public officer and cruel punishments are (Omitted: “absolutely”) forbidden.
Article 37. (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) He shall be permitted (Omitted: “full”) opportunity to examine all witnesses, and he 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 his own efforts, be assigned to his use by the State.
Article 38. (Confessions Made in Criminal Cases, Etc.)
No person shall be compelled to testify against himself.
(2) Confession made under torture, compulsion or other threats, or after prolonged arrest or detention shall not be admitted in evidence.
(3) No person shall be convicted (Omitted: “or punished”) in cases where the only proof against him is his own confession.
Article 39. (Prohibition on Retroactive Punishment, Etc.)
No person shall be held criminally liable for an act which was not unlawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy.
Article 40. (Right to Seek Indemnity)
Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law.
Chapter IV: The Diet
Article 41. (The Diet and Legislative Power)
The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State.
Article 42. (Two Houses)
The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.
Article 43. (Organization of Both 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 44. (Qualifications of Members of the Diet and Voters)
The qualifications of members of both Houses and their electors shall be fixed by law. In this case, there shall be no discrimination because of race, creed, sex, disability, social status, family origin, education, property or income.
Article 45. (Term of Office of Members of the 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 46. (Term of Office of Members of the House of Councillors)
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 47. (Matters Pertaining to Elections)
Electoral districts, method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law. In this case, each electoral district shall take into comprehensive consideration administrative subdivisions and topography with population as the basis.
Article 48. (Prohibition on Concurrent Holding of Positions)
No person shall be permitted to be a member of both Houses simultaneously.
Article 49. (Annual Salary of Members of the Diet)
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.
Article 50. (Immunity of Members of the Diet from 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 51. (Diplomatic Immunity of Members of the Diet)
Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.
Article 52. (Ordinary Sessions of the Diet)
An ordinary session of the Diet shall be convoked once per year.
(2) The term of the ordinary session of the Diet shall be fixed by law.
Article 53. (Extraordinary Sessions of the Diet)
The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, extraordinary sessions of the Diet must be convoked within twenty-one (21) days from the date of the demand.
Article 54. (Dissolution of the House of Representatives, General Elections of Members of the House of Representatives, Special Sessions of the Diet and Emergency Sessions of the House of Councillors)
The dissolution of the House of Representatives shall be determined by the cabinet minister.
(2) 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 a special session of the Diet must be convoked within thirty (30) days from the date of the election.
(3) When the House of Representatives is dissolved, the House of Councillors is closed at the same time. However, the Cabinet may in time of national emergency convoke the House of Councillors in emergency session.
(4) Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall become null and void unless agreed to by the House of Representatives within a period of ten (10) days after the opening of the next session of the Diet.
Article 55. (Review of the Qualifications of Members of the Diet)
Each House shall review and pass a resolution on 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 56. (Voting and Quorum)
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.
(2) A resolution cannot be passed in either House unless one-third or more of total membership is present.
Article 57. (Publicity, Etc. of Deliberations and Record of Proceedings)
Deliberation in each House must 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 the members on any matter shall be recorded in the minutes.
Article 58. (Appointment of Officials and Rules of the House and Official Reprimand)
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 59. (Passage of Bills and the Authority of the House of Representatives)
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 by a majority of two-thirds or more of the members present.
(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 60. (Authority of the House of Representatives Relating to the Approval, Etc. of the Draft Budget)
The draft budget must first be submitted to the House of Representatives.
(2) Upon consideration of the budget, 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 draft budget passed by the House of Representatives, the decision of the House of Representatives shall be the decision of the Diet.
Article 61. (Authority of the House of Representatives Relating to the Conclusion of Treaties)
The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.
Article 62. (Investigation Rights of the House)
Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records.
Article 63. (Rights and Duties of the Prime Minister, Etc. Regarding Their Presence in the House)
The Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills. (Omitted: “regardless of whether they are members of the House or not.”)
(2) The Prime Minister and other Ministers of State must appear when their presence is required in order to give answers or explanations. However, this requirement shall not apply to the performance of official duties as may be deemed necessary.
Article 64. (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.
Article 64-2. (Political Parties)
The State, in view of the essential role of political parties in parliamentary democracy, shall use its endeavors for ensuring the fairness of the activity and its sound development.
(2) Freedom of political activity is guaranteed.
(3) Other matters relating to political parties subject to the preceding two paragraphs shall be determined by law.
Chapter V: The Cabinet
Article 65. (The Cabinet and Executive Power)
Executive power, except as elsewhere provided in the Constitution, shall be vested in the Cabinet.
Article 66. (Organization of the Cabinet and Responsibilities to the Diet)
The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law.
(2) The Prime Minister and other Ministers of State must not be military personnel on active duty.
(3) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.
Article 67. (Designation of the Prime Minister and the authority of the House of Representatives)
The Prime Minister shall be designated by the Diet from among the members of the Diet. (Omitted: “by a resolution of the Diet.”)
(2) The designation of the Prime Minister by the Diet shall precede all other business.
(3) If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within ten (10) days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet.
Article 68. (Appointment and dismissal of the Ministers of State)
The Prime Minister shall appoint the Ministers of State. In this case, a majority of their number must be appointed from among the members of the Diet.
(2) The Prime Minister may remove the Ministers of State as he chooses.
Article 69. (Non-Confidence Resolutions and Mass Resignation of the Cabinet)
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 70. (Mass Resignation, Etc. of the Cabinet When in the Vacancy in the Post of Prime Minister, Etc.)
When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Diet after a general election of members of the House of Representatives, the Cabinet shall resign en masse.
(2) When there is a vacancy in the post of Prime Minister, or in cases determined by law as being equivalent thereto, the Minister of State designated by him in advance shall perform temporarily the functions of the Prime Minister.
Article 71. (The Cabinet following mass resignation)
In the cases mentioned in the two preceding articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.
Article 72. (Official Duties of the Prime Minister)
The Prime Minister exercises control and supervision over various administrative branches, and performs general coordination.
(2) The Prime Minister, representing the Cabinet, submits bills and reports on general national affairs and foreign relations to the Diet.
(3) The Prime Minister, as the supreme commander, oversees the National Defense Military.
Article 73. (Official Duties of the Cabinet)
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
1. Administer the law faithfully; conduct affairs of state.
2. Manage foreign affairs.
3. Conclude treaties. However, it shall obtain prior or, in unavoidable circumstances, subsequent approval of the Diet.
4. Administer the civil service, in accordance with standards established by law.
5. Prepare the draft budget and the bills, and present them to the Diet.
6. Enact cabinet orders in accordance with the provisions of the law. (Deleted: “in order to execute the provisions of this Constitution.”) However, it cannot include provisions in such cabinet orders that impose obligations or restrict rights unless authorized by such law.
7. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Article 74. (Signatures 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 75. (Legal Immunity of Ministers of State)
The Ministers of State, during their tenure of office, shall not be subject to prosecution without the consent of the Prime Minister. However, nothing herein contained shall prevent the prosecution of the Ministers of State following their removal from office.
Chapter VI: Judiciary
Article 76. (Courts and Jurisdiction)
The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
(2) No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.
(3) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
Article 77. (Rule-making power of the Supreme Court)
The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs.
(2) Public procurators, attorneys and other individuals involved in the trial 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 78. (Guarantee of Tenure for Judges)
Judges shall be removed by trial in accordance with the provision of the first paragraph of Article 64, except in cases prescribed in the third paragraph of the next Article and unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against judges shall be administered by any executive organ or agency.
Article 79. (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 Cabinet.
(2) Where prescribed by law, the judges of the Supreme Court, following their appointment, must be reviewed by the people.
(3) In the reviews mentioned in the foregoing paragraph, where the dismissal of a judge is warranted, he shall be dismissed.
(4) The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.
(5) All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office, except with regard to changes in employment status or official reprimand and in cases of regular public officials.
Article 80. (Judges of Inferior Courts)
The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a limited term as fixed by law, with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law.
(2) The fifth paragraph of the preceding article shall apply to the compensation of the judges of the inferior courts.
Article 81. (Power to Determine Constitutionality and the Supreme Court)
The Supreme Court is the final appellate court with power to determine the constitutionality of any law, order, regulation or official act.
Article 82. (Publicity of Trials)
Oral proceedings and trial procedures shall be conducted and judgment declared publicly.
(2) Where a court unanimously determines publicity to be dangerous to public order or morals, oral proceedings and trial procedures may be conducted privately. However, oral proceedings and trial procedures of political offenses, offenses involving the press or cases wherein the rights of people are guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly.
Chapter VII: Finance
Article 83. (Fundamental Principles of Finance)
The power to administer national finances shall be exercised as the Diet shall determine.
(2) Fiscal soundness must be consolidated in accordance with law.
Article 84. (Principles of Taxation Law)
No new taxes shall be imposed or (Deleted: “existing ones”) modified except (Deleted: “by law or under such conditions”) as prescribed by law.
Article 85. (Expenditure of the National Budget and Debt Burden of the State)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 86. (Budget)
The Cabinet shall prepare and submit to the Diet for its consideration and decision a draft budget for each fiscal year.
(2) The Cabinet may submit a draft budget in order to correct a budget during each fiscal year.
(3) When the Cabinet determines that there is no prospect for obtaining the authorization of the first paragraph, it must submit a tentative draft budget prior to the commencement of the relevant fiscal year.
(4) The budget for each fiscal year, as provided for by law, with the passage of a resolution of the Diet, may be expended for the year following each year.
Article 87. (Reserve Funds)
In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet.
(2) The Cabinet must get subsequent approval of the Diet for all payments from the reserve fund.
Article 88. (Property and Expenses of the Imperial Household)
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 draft budget.
Article 89. (Expenditure of Public Money and Restrictions on Appropriation)
No public money or other property shall be expended or appropriated for the use, benefit or maintenance of religious activities conducted by any institution or association, except for cases set forth in the proviso of the third paragraph of Article 20.
(2) No public money or other property shall be expended or appropriated for any charitable, educational or benevolent enterprises beyond the supervision of the State, local governments or other public entities.
Article 90. (Approval, Etc. of Final Accounts)
Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and, in accordance with law, submitted by the Cabinet to both Houses for approval, together with the statement of audit, during the fiscal year immediately following the period covered.
(2) The organization and competency of the Board of Audit shall be determined by law.
(3) The Cabinet shall reflect on the draft budget the contents of the statement of audit mentioned in the first paragraph and must report to the Diet on the results thereof.
Article 91. (Report on the State of National Finances)
At regular intervals and at least annually the Cabinet shall report to the Diet (Omitted: “and the people”) on the state of national finances.
Chapter VIII: Local Self-Government
Article 92. (Principle of Local Autonomy)
Local autonomy, with the participation of residents as a basis, shall make it a principle to autonomously, independently and comprehensively implement an administration in the vicinity of residents.
(2) Residents shall have the right to equally receive services offered by the local government to which they belong, and the obligation to fairly share the burden.
Article 93. (Categories of Local Governments, Cooperation Between the State and Local Governments, Etc.)
Local governments shall have as the foundation basic local governments, and wide-area local governments that comprise them, categories of which shall be fixed by law.
(2) Basic regulations concerning organization and operations of local governments shall be fixed by law in accordance with the principle of local autonomy.
(3) The State and the local government shall cooperate based on the appropriate division of roles prescribed by law. Local governments shall mutually cooperate with one another.
Article 94. (Assemblies of Local Governments and Direct Election of Public Officials)
Local governments shall establish assemblies as their deliberating organs for making decisions on regulations and other important matters, in accordance with law.
(2) The chief executive officers of all local governments, the members of their assemblies, and such other public officials as may be determined by law shall be directly elected by persons whom reside within the said local governments and possess Japanese nationality.
Article 95. (Authority of Local Governments)
Local governments shall have the right to manage their (Omitted: “property,”) affairs (Omitted: “and administration”) and to enact their own regulations within the law.
Article 96. (Finances of Local Governments and Fiscal Measures of the State)
Local taxes imposed and other independent sources of revenue, pursuant to regulation, shall serve as a basis for the expenses of the local government.
(2) The State shall take necessary fiscal measures when the local government cannot offer its services through the independent sources of revenue mentioned in the preceding paragraph alone, as provided by law.
(3) The provision of the second paragraph of Article 83 shall apply to local autonomy.
Article 97 (Special Law of Local Autonomy)
A special law, which determines the organization, operations and authority of a particular local government differently from other local governments, or imposes obligations on and restricts the rights of residents within a particular local government, cannot be enacted without the consent of the majority of the qualified voters of the local government concerned, obtained in accordance with law.
Chapter IX: State of Emergency
Article 98. (Declaration of a State of Emergency)
The Prime Minister, in the event of armed attacks on our nation from abroad, disturbances of the social order due to internal strife, etc., large-scale natural disasters due to earthquakes, etc., or other states of emergency as determined by law, may, when deemed particularly necessary, issue a declaration of a state of emergency through a cabinet meeting, as provided by law.
(2) For the declaration of a state of emergency, prior or subsequent approval of the Diet must be obtained, as provided by law.
(3) The Prime Minister must cancel the declaration of a state of emergency through a cabinet meeting, as provided by law, when:
1. A resolution of disapproval has been made in cases mentioned in the preceding paragraph.
2. The Diet resolves to cancel the declaration of a state of emergency.
3. No longer deemed necessary to continue the said declaration of a state of emergency due to changes of the situation.
Moreover, when intending to continue a declaration of a state of emergency for more than one-hundred (100) days, prior approval of the Diet must be obtained for each one-hundred (100) days.
(4) The provision of the second paragraph of Article 60 shall apply to the Diet approval mentioned in the second paragraph and the latter part of the third paragraph. In this case, “within thirty (30) days” in the said paragraph shall be read as “within fifty (50) days.”
Article 99. (Effects of the Declaration of a State of Emergency)
When the declaration of a state of emergency has been issued, the Cabinet, as provided by law, may enact cabinet orders having an effect equivalent to that of law, and in addition, the Prime Minister may make necessary expenditures or other dispositions and may issue necessary orders to chief executive officers of local governments.
(2) For the cabinet orders and dispositions mentioned in the preceding paragraph, subsequent approval of the Diet must be obtained, as provided by law.
(3) In the case that a declaration of a state of emergency has been issued, every person shall be subject to the orders of the State and other public organs issued to protect the lives, bodies and properties of the people, as provided by law. Even in this case, Article 14, Article 18, Article 19, Article 21 and other provisions relating to fundamental human rights shall be respected to the fullest extent.
(4) In the case that a declaration of a state of emergency has been issued, the House of Representatives shall not be dissolved, and exceptions for the terms of office and election dates of members of both Houses shall be established, as provided by law.
Chapter X: Amendments
Article 100. (Amendments)
Amendments to this Constitution shall be initiated by members of the House of Representatives or the House of Councillors, through a concurring vote of a majority 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 valid votes cast thereon, at a referendum as specified by law.
(2) Amendments when so ratified shall immediately be promulgated by the Emperor. (Omitted: “in the name of the people, as an integral part of this Constitution.”)
Chapter XI: Supreme Law
Article 101. (The Nature, Etc. of the Constitution as the Supreme Law)
This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript 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 102. (Obligation to Respect and Uphold the Constitution)
All people shall respect this Constitution.
(2) (Omitted: “The Emperor or the Regent”) Members of the Diet, Ministers of State, judges, and all other public officials have the obligation to respect and uphold this Constitution.
Supplementary Provisions
(Effective Date)
１．These constitutional amendments shall become effective on MM/DD/YYYY. However, the following provisions shall become effective on the day of promulgation.
(Preparatory acts necessary for enforcement)
２．Enactment and reform of law needed to enforce this constitutional amendment, as well as other preparatory actions needed to enforce this constitutional amendment may be conducted prior to the effective date of this constitutional amendment.
(Applicable classes, etc.)
３．The provision of the latter part of the fifth paragraph of Article 79 of the amended Constitution of Japan (including cases where applied under the second paragraph of Article 80 of the amended Constitution of Japan) shall also apply to the remuneration of the judges of the Supreme Court and the inferior courts appointed under the provisions of the unrevised Constitution of Japan.
４．Judges of the inferior courts in office on the effective date of this constitutional amendment shall hold office for the remaining term, as prescribed by the first paragraph of Article 80 of the unrevised Constitution of Japan, with privilege of reappointment, in accordance with the provision of the first paragraph of Article 80 of the amended Constitution of Japan.
５．The provisions of the first, second and fourth paragraphs of Article 86 of the amended Constitution of Japan shall apply to the draft budget and the allocated budget submitted after the enforcement of this constitutional amendment; the provision of the third paragraph of the same Article shall apply to the tentative draft budget in the fiscal year pertaining to the draft budget of the first paragraph of the same Article submitted after the enforcement of this constitutional amendment; the allocated budget, as well as the tentative budget in the fiscal year pertaining to the relevant budget submitted prior to the
enforcement of this constitutional amendment shall be dealt in conformity with the former provisions.
６．The provisions of the first and third paragraphs of Article 90 of the amended Constitution of Japan shall apply to the final accounts submitted after the enforcement of this constitutional amendment. The final accounts submitted prior to the enforcement of this constitutional amendment shall be dealt in conformity with the former provisions.