Jiyū-Minshutō: Liberal Democratic Party (Oct 12, 2005)

The Liberal Democratic Party (LDP)¹
The Second Draft of the New Constitution²
October 12, 2005

Chapter I. The Emperor

Article 1. (The Emperor)
The Emperor 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. (Imperial Succession)
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.

Article 3. 
(See Article 6, paragraphs 4-5)

Article 4. (The Emperor’s Powers)
The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government.

Article 5.
(See Article 7)

Article 6. (Emperor’s Acts in Matters of State)
The Emperor 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 on behalf of the people.
(2) The Emperor 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 in accordance with Article 54.
4. Proclamation of a general election of members of the House of Representatives and an ordinary election of members of the House of Councillors.
5. 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 Ambassadors and Ministers.
6. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
7. Awarding of honors.
8. Attestation of 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 preceding paragraphs as may be provided by law.
(4) The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state.
(5) The Cabinet shall be responsible for the acts in the preceding paragraph.

Article 7. (Regencies)
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 4 and the provisions in paragraphs 4-5 of the preceding article shall apply to the Regency.

Article 8. (Restrictions on the Transfer of Property to the Imperial House) 
No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without approval from the Diet, unless otherwise provided for by law.

Chapter II. Security

Article 9. (Security and Pacifism)
The Japanese people recognize the noble idea of pacifism, which [is necessary] for the realization of enduring international peace based on the trust in the justice and faith of the peace-loving peoples of the world. In order to live up to the international expectations of this achievement as a country which aspires sincerely to an international peace based on justice and order, [we] shall continue to adhere to these ideas far into the future.
(2) Based on the ideas in the preceding paragraph, [the Japanese people] shall never use war, other uses of force, or the threat of force as means of settling international disputes.
(3) Based on the ideas in the first paragraph, the Japanese people shall use their endeavors to actively and independently contribute to activities related to international cooperation for the purpose of ensuring peace and security in international society.

Article 9-2. (The Self-Defense Army)
In order to defend our country from an invasion, maintain peace in our country, and ensure our independence and the safety of our people, [Japan] shall maintain a Self-Defense Army.
(2) In addition to engaging in activities that are limited to those necessary for self-defense, the Self-Defense Army may also engage in activities involving international cooperation for the purpose of ensuring international peace and security, or fundamental activities for maintaining order in our country, as provided for by law.
(3) The Self-Defense Army must abide by our country’s laws, international regulations, and accepted international practices while it engages in [such] activities.
(4) Matters concerning the organization and operations of the Self-Defense Army shall be fixed by law.

Article 9-3. (The Control of the Self-Defense Army)
The Prime Minister shall have the authority to command and supervise the Self-Defense Army.
(2) Regarding the activities of the Self-Defense Army that are stipulated in paragraph 2 of the preceding article, [the Self-Defense Army] shall obtain prior or, depending on circumstances, subsequent approval of the Diet, as provided for by law.
(3) In addition to the items stipulated in the two preceding paragraphs, necessary matters related to the control of the Self-Defense Army shall be fixed by law.

Chapter III. The Rights and Duties of the People

Article 10. (The Japanese People)
The conditions necessary for being a Japanese national shall be determined by law.

Article 11. (Enjoying Fundamental Human Rights)
The people shall not be prevented from enjoying any 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.

Article 12.(The Obligations 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 duties and responsibilities that accompany these freedoms and rights, and shall not infringe upon the public interest or public order.

Article 13. (Respect for Individuals)
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 or public order, be the supreme consideration in legislation and in other governmental affairs.

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. (Rights Related to the Right to Choose Public Officials)
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 he has made.

Article 16. (The 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) A person who petitions shall not in any way be discriminated against for sponsoring a petition.

Article 17. (The Right to Sue for Redress in Cases Involving Damages Suffered through Illegal Acts of Public Officials)
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 18. (Freedom from Involuntary Servitude)
No person shall be held in bondage of any kind.
(2) Involuntary servitude, except as punishment for crime, is prohibited.

Article 19. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.

Article 19-2. (Securing Personal Information)
No person shall wrongfully take or utilize any personal information.³

Article 20. (The Freedom of Religion)
Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, 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 public entities shall refrain from religious education and other religious activities, except for those within the scope of social rituals.

Article 21. (The Freedom of Speech)
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed to all.
(2) No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.

Article 21-2. (The Responsibility to Explain Government Affairs)
The State is responsible for explaining government affairs to the people.

Article 22. (The Freedom to Choose One’s Occupation)
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 or public order.
(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 to all.

Article 24. (Fundamental Rules Regarding Marriage and the Family)
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, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.

Article 25. (The Right to a Certain Standard of Living, Etc.)
All people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) In all aspects of the people’s livelihood, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
(3) The state shall use its endeavors to protect the environment so that the people can enjoy a healthy and bountiful environment.

Article 25-2. (The Rights of People with Disabilities and Crime Victims)
People with mental and physical disabilities shall have the right to freedom from discrimination and the right to be treated with dignity.
(2) People who are victims of crime have the right to be treated with dignity.

Article 26. (Rights and Duties 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.

Article 27. (Rights Regarding Work, Etc.)
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) Children shall not be exploited.

Article 28. (Worker’s Rights)
The right of workers to organize and to bargain and act collectively is guaranteed.

Article 29. (The Right to Own or Hold Property)
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 to the improvement of the people’s intellectual creativity and its [contribution to the] realization of a vibrant society.
(3) Private property may be taken for public use upon just compensation therefor.

Article 30. (Liability for Tax Payment)
The people shall be liable to taxation as provided by law.

Article 31. (Guarantee of Due Process)
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 32. (The Right of Access to the Courts)
No person shall be denied the right of access to the courts.

Article 33. (Personal Freedom)
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.
(2) No person shall be arrested or detained without adequate cause or without
being at once informed of the charges against him.
(3) A person who is arrested or detained shall have right to the immediate privilege of counsel and the right to demand that such cause is immediately shown in open court in his presence and the presence of his counsel.

Article 34. (See Article 33, Paragraph 2-3)

Article 35. (The Inviolability of the Domicile)
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 paragraph 1 of the preceding Article.
(2) Each search or seizure under the provisions of the preceding paragraph shall be made upon separate warrant issued by a judge.

Article 36. (The Ban on Torture)
The infliction of torture by any public officer and cruel punishments are absolutely forbidden.

Article 37. (Rights of the Accused in Criminal Cases)
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
(2) He shall have the right to have the 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 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 him is his own confession.

Article 39. (The Prohibition Against Ex Post Facto Laws, Etc.)
No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted. He shall not be placed in double jeopardy.

Article 40. (The Right to Sue for Redress)
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. (The Two Houses of the Diet)
The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.

Article 43. (The 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. (The 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, social status, family origin, education, property or income.

Article 45. (Terms 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. (Terms 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 Relating 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.

Article 48. (The Ban on Being a Member of Both Houses)
No person shall be permitted to be a member of both Houses simultaneously.

Article 49. (The Annual Salary for Members of the Diet)
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.

Article 50. (Immunity From Arrest for Members of the Diet)
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. (Legislative Immunity)
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, the Cabinet must determine on such convocation.

Article 54. (The Dissolution of the House of Representatives, Special Sessions, and Emergency Sessions)
The dissolution of the House of Representatives shall be determined by the Prime 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. (Judging Disputes Related to 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 56. (Voting and Quorums)
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. (Public Deliberations and 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 members on any matter shall be recorded in the minutes.

Article 58. (The Selection of Officials, Rules, and Discipline)
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. (Passing Bills and the Supremacy 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. (The Supremacy of the House of Representatives Regarding Budget Bills)
The draft budget must first be submitted to the House of Representatives.
(2) Upon consideration of the draft 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. (The Supremacy of the House of Representatives Regarding the Approval of Treaties)
The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.

Article 62. (The Right to Conduct Investigations in Relation to Government)
Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records.

Article 63. (The Cabinet Ministers’s Rights and Duties to Appear before the Diet)
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.
(2) The Prime Minister and other Ministers of State must appear when their presence is required in order to give answers or explanations, except in cases involving unavoidable circumstances caused by the performance of official duties.

Article 64. (The Impeachment Court)
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)
Taking into consideration the indispensable existence of political parties in a parliamentary democracy, the State shall use its endeavors to ensure the fairness and openness of their activities, and for their sound development.
(2) There shall be no restrictions on the freedom of a political party’s political activity.

Chapter V. The Cabinet

Article 65. (The Cabinet and Executive Power)
Executive power shall be vested in the Cabinet, except as otherwise provided by the Constitution.

Article 66. (The Organization of the Cabinet and its Responsibility 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 be civilians.
(3) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.

Article 67. (The Designation of the Prime Minister)
The Prime Minister shall be designated from among the members of the Diet.
(2) This designation stipulated in the preceding paragraph shall precede all other business in the Diet.
(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. (The Appointment and Dismissal of the Ministers of State, Etc.)
The Prime Minister shall appoint the Ministers of State. In this case, 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.

Article 69. (Non-Confidence Resolutions and Resignation En Masse)
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. (Vacancy in the Post of Prime Minister and Resignation En Masse)
When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Diet after a general election of members of the House of Representatives, the Cabinet shall resign en masse.

Article 71. (The Cabinet After Resignation En Masse)
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. (The Cabinet After Resignation En Masse)
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.

Article 73. (The Cabinet’s Functions)
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, depending on circumstances, subsequent approval of the Diet.
4. Administer public officials, in accordance with standards established by law.
5. Prepare the draft budget and bills, and present them to the Diet.
6. Enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it 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. (Signing 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 legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.

Chapter VI. Judiciary

Article 76. (Courts and Judicial Power)
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, except as otherwise provided by the Constitution. No organ or agency of the Executive shall be given final judicial power.
(3) In order to conduct trials related to the military, a military court shall be established as an inferior court.

Article 77. (The 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, attorneys, and other individuals involved in a 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. (Tenure for Judges)
Judges shall not be removed except by public impeachment 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) The appointment of the judges of the Supreme Court must be reviewed by the people following their appointment, as provided by law.
(3) The necessary matters pertaining to the review mentioned in the preceding paragraph shall be prescribed by law.
(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 cases in which [a decrease in compensation] must be carried out legally due to unavoidable grounds or if there is no possibility that it will harm the judge’s ability to exercise his or her authority independently.

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 term of ten (10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law.
(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, except cases in which [a decrease in compensation] must be carried out legally due to unavoidable grounds or if there is no possibility that it will harm the judge’s ability to exercise his or her authority independently.

Article 81. (The Supreme Court and the Power of Judicial Review)
The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.

Article 82. (Public 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 III of this Constitution are in question shall always be conducted publicly.

Chapter VII. Finance

Article 83. (Fundamental Rules Related to Finance)
The power to administer national finances shall be exercised as the Diet shall determine.
(2) Ensuring fiscal soundness must always be considered.

Article 84. (Taxation Requires Laws)
No new taxes shall be imposed or modified except as law may prescribe.

Article 85. (State Expenditures and Debt Burden)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.

Article 86. (Budgets)
The Cabinet shall prepare and submit to the Diet for its consideration and decision a draft budget for each fiscal year.
(2) When [the Diet] does not make a decision on [the draft budget] in the preceding paragraph at the beginning of the relevant fiscal year, [the Cabinet] may disperse necessary expenditures until the Diet decides on the [draft] budget in the same paragraph, as provided for by law.
(3) The Cabinet must get subsequent approval of the Diet for the expenditure mentioned in the preceding paragraph.

Article 86-2. (Continuing Expenditures)
For multi-year projects, especially for those that are necessary, the Diet may decide to disperse funds over a period of several years.

Article 87. (The Reserve Fund)
In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet.
(2) The Cabinet must get subsequent approval of the Diet for all payments from the reserve fund.

Article 88. (The Property 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. (Restrictions on the Use of Public Money)
No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institute or association, except for [activities] within the scope of social rituals.
(2) Public funds and other public assets must not be expended for or used in charitable, educational, or benevolent projects beyond the oversight of the state or local government.

Article 90. (Auditing Final Accounts and Approval from the Diet)
Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and submitted by the Cabinet to the Diet, together with the statement of audit, during the fiscal year immediately following the period covered, as provided for by law. [The Prime Minister] must receive approval [for those final accounts of the expenditures and revenues of the State].
(2) The organization and competency of the Board of Audit shall be determined by law.

Article 91. (The State of National Finances)
At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of national finances.

Chapter VIII. Local Self-Government

Article 91-2. (The Principle of Local Autonomy)
The principle of local autonomy is the [the ability of local governments] to autonomously, independently, and comprehensively implement a government in the vicinity of its residents.

Article 91-3. (The Role of Local Self-Governments)
In order to improve the welfare of its residents, local governments shall be responsible for implementing a government within its area and related responsibilities based on cooperation with its residents.
(2) Residents shall have the right to equally receive services offered by local governments to which they belong and the obligation to fairly share that burden.
(3) Residents shall use their endeavors to participate in the administration of the local governments to which they belong.

Article 91-4. (Mutual Cooperation Between the State and Local Governments)
Based on the principle of local autonomy, the State and local governments shall cooperate based on the appropriate division of roles in accordance with the principle of local autonomy.

Article 91-5. (Types of Local Governments)
Local governments shall consist of basic local governments (kiso jichitai) and wide-area local governments (kōiki jichitai).
(2) The administration of local governments shall be [mainly carried out] by basic local governments and wide-area local governments shall play a supplementary role.

Article 92. (The Organization of Local Governments)
Regulations concerning organization and operations of basic local governments and wide-area local governments shall be fixed by law in accordance with the principle of local autonomy.

Article 93. (Organs of Local Governments and Direct Election)
Local governments shall establish assemblies as their deliberative organs, 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 elected by direct popular vote within their local governments.

Article 94. (Powers of Local Governments)
Local governments shall have the right to manage their property, affairs and administration and to enact their own regulations within law.

Article 94-2. (Finances of Local Governments and Fiscal Measures)
The expenses of local governments shall correspond to their shared roles and responsibilities. Local taxes and assets that local governments can use autonomously shall serve as the basis for the expenses of local governments.
(2) The State shall take fiscal measures to secure finances mentioned in the preceding paragraph as provided by law, while taking into account the local governments’ function to properly handle [such matters], in accordance with the principle of local autonomy.

Article 95.
[Deleted]

Chapter IX. Amendments

Article 96.
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 votes cast thereon, at a special referendum.
(2) Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.

Chapter X. Supreme Law

Article 97. (The Significance of Fundamental Human Rights)
The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate.

Article 98. (The Constitution as the Supreme Law of the Land)
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 99. (The Obligation to Respect and Uphold the Constitution)
The Emperor or the Regent as well as Ministers of State, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.