NAKASONE Yasuhiro (1961)

Nakasone Yasuhiro¹
Advanced Democracy Draft of the Constitution (Constitution of Japan)²
January 1, 1961 (Published July 1997)

Imperial Rescript

We hereby proclaim this revised Constitution, rejoicing in its initiation by and resolution through a concurring vote of two-thirds or more of all the members of each House of the Diet under Article 96 of the Constitution of Japan, and its obtaining of the affirmative vote of a majority in a national referendum.

Preamble

Our country, Japan, is a collective in which sovereignty resides with the people. All the power of the State in Japan is issued from the people, based in their trust, and wielded through their representatives for the purpose of their happiness.
Each one of the people bears a duty as a member of this collective, alongside the guarantee of their dignity and equality as human beings.
Japan earnestly wishes for the eternal peace of the world. The development of science has brought immense benefit to mankind, but when unaccompanied by morality, it invites terrifying crises to human civilization. Presently, the peoples of the world have the responsibility to both keep these shared benefits, and to prevent such disasters. To this end, we swear to sincerely cooperate with the peoples of the world by being aware of having entered a new era where the peoples of the world should coexist peacefully on the basis of fraternity and fidelity; by overcoming the narrow confines of nationalism together with other peoples; by faithfully establishing the various principles of international democracy, with the ultimate aim of erecting an integral and peaceful order between countries, particularly towards the ends of prohibiting war and achieving complete international control of armaments.
Over a long period, we as an independent race have formed our native culture and history together with destiny. The existence of our race has its basis in our shared self-awareness and autonomy towards those traditions and new creations. We stand on this viewpoint to aspire sincerely for a new peaceful order in the world, determining the form of the brilliant culture and history of our Japan, hereby recalling the significance of the history of the Constitution of the Empire of Japan and the Constitution of Japan, making use of those experiences, and affirm this Constitution, as a fundamental model appropriate for a new era, in the name of all the people.

Chapter I. The Emperor and Japan

Article 1. (Fundamental Character of Japan)
Japan shall be a democratic country whose sovereignty resides in the people, with the Emperor at their core as the symbol of the unity of the people.

Article 2. (Status of the Emperor)
The Emperor shall be the head of state and the national representative of Japan.

Article 3. (Imperial Succession)
The Imperial Throne shall be succeeded to by members of the imperial line as provided for by the Imperial House Law.
(2) The Imperial House Law shall be fixed by law.

Article 4. (Imperial Acts)³ 
Acts of the Emperor in matters of state shall be confined to those provided in this Constitution.
(2) Acts of the Emperor shall require the advice of the Cabinet. The Cabinet shall be responsible therefor.
(3) Documents related to the acts of the Emperor shall be countersigned by the Prime Minister on behalf of the Cabinet.

Article 5.(Power of the Emperor)
The Emperor shall appoint the Prime Minister and the Deputy Prime Minister as based on national referendums. They shall also appoint members of the Cabinet as based on the designation of the Prime Minister.
(2) The Emperor shall dismiss members of the Cabinet as based on the request of the Prime Minister.

Article 6.
The Emperor shall appoint the Chief Judge and the other judges of the Supreme Court, as well as the Chair of the Board of Audit, as designated by the House of Councillors.

Article 7.
The Emperor shall follow the provisions of this Constitution and appoint the members of the Constitutional Review Council.⁴

Article 8.
The Emperor shall appoint public officials as fixed in law based on the designation of the Cabinet and dismiss them as based on the request of the Cabinet.

Article 9.
The Emperor shall promulgate all constitutional amendments, laws, cabinet orders and treaties.

Article 10.
The Emperor shall perform the following acts based on the authorization of the Cabinet:
1. Convocation of the Diet.
2. Promulgation of public election of the Prime Minister and the Deputy Prime Minister.
3. Promulgation of general election of members of the House of Representatives and ordinary election of the House of Councillors.
4. Attestation of treaties, full powers of foreign missions, credentials of Ambassadors and Ministers, and all other expressions of intent concerning foreign relations as provided for by law.
5. Receiving foreign missions.
6. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
7. Promotion and furtherance of culture and the arts.
8. Awarding of honors.
9. Performance of ceremonial functions.
10. Issuance of declaration on international law as provided for by this Constitution during the exercise of self-defensive force.

Article 11. (Regency)
When a Regency is established, it shall be according to the provisions of the Imperial House Law.
(2) The Regent shall perform their acts in matters of state in the Emperor's name.

Chapter II. Status of the People and Duties of the State

Article 12. (Conditions of Nationality)
The conditions necessary for being a national citizen of Japan shall be determined by law.

Article 13. (Fundamental Human Rights)
The fundamental human rights of the people shall be respected. 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.⁵

Article 14. (Limits of Freedom and Rights)
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 applying them to the public welfare.⁶

Article 15. (Individual Respect and Public Welfare)
All of the people shall be respected as individuals. The State shall be obliged to guarantee their right to life and liberty to the extent that it does not interfere with the public welfare.⁷

Article 16.8 (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) Peerage shall not be recognized.

Article 17. (Right to Choose and Dismiss Public Officials, Essence of Public Officials, Security of Ordinary Elections and Secrecy of the Vote)⁹
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 vote they have made.

Article 18. (Right to Petition)
Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.

Article 19. (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 20. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.

Article 21. (Freedom of Religion)¹⁰
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 or not to take part in any religious act, rite or practice.
(3) The State and its organs shall refrain from religious education or any other religious activity.
(4) No public money or other property shall be expended or provided for the maintenance or advantage of any religious institution.¹¹

Article 22. (Assemblies, Association, Freedom of Expression, Secrecy of Communications)
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
(2) No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.

Article 23. (Freedom to Choose and Change Residence and Occupation)
Every person shall have freedom to choose and change their residence and to choose their occupation.¹²

Article 24. (Academic Freedom)
Academic freedom is guaranteed.

Article 25. (Individual Dignity and Equality of Both Sexes in Marriage)
Marriage shall be established only by the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife.¹³
(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 26. (Protection of Family Life)
The State shall bear the obligation to protect family life as the sound basis for the moral development of society.

Article 27. (Right to Survive and Social Mission of State)
All people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.

Article 28. (Right and Obligation to Receive Education, Guarantee of Highest Education)¹⁴
All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
(2) All people shall be obligated to have all children under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.
(3) The State shall take measures to enable the people to receive the highest level of institutional education according to their ability as provided for by law.

Article 29. (Aim of Education)
Education shall take as its aims the love of truth and justice, the correct respect for the ideal of international cooperation for the sake of world peace, as well as the history and traditions of our country, and the cultivation of people who are autonomous, responsible and creative.
(2) The State shall constantly endeavor to preserve the political neutrality of institutional education.

Article 30. (Protection and Maintenance of Youth and the Disabled)
All people shall bear the right and the obligation to protect and raise their children to attain sound growth in mind and body.  
(2) The State shall attend to the correct raising and protection of children and the handicapped, and endeavor to remove them from exploitation and other states of affliction.

Article 31. (Promotion of Science and Technology)
The State shall attend to and cultivate the promotion of science and technology as a fundamental condition for the development of culture and the increase of welfare.

Article 32. (Protection of Cultural Property)
The State shall endeavor to preserve achievements in the arts, historical remains, archeological relics and landscapes, and any other natural objects peculiar to its territory.

Article 33. (Right and Obligation to Work)¹⁵
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.

Article 34. (Workers’ Right to Organize)¹⁶
The right of workers to organize and to bargain and act collectively is guaranteed.
(2) The right in the preceding paragraph is guaranteed within the bounds of law for public officials and those in equivalent positions.

Article 35. (Obligation to Observe the Law)
All people must observe the Constitution as well as other laws and ordinances.

Article 36. (Obligation of National Defense)
All people shall bear the obligation of defending the State.

Article 37. (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 welfare.
(3) Private property may be taken for public use upon just compensation therefor.

Article 38. (Keystone of People’s Economy)
The State shall plan for the harmonious development of enterprises according to their genre and scale in order to contribute to the growth of an economy of the people. Moreover, the State shall avoid any sudden upheavals to this economy of the people and aim for long-term stability as its objective in planning its development; it shall also take increasing the welfare of the people as its goal and endeavor towards a fair distribution of wealth on the basis of free and fair business activities.

Article 39. (Protection of Small and Medium Enterprises)
The State shall recognize small and medium enterprises in trade, manufacturing, agriculture, fisheries and any other industry as an important basis of the economy of the people, and secure their autonomous management; it shall further stabilize their status through the promotion of technological progress and other means.

Article 40. (Taxpaying Obligation)
All people shall be liable to taxation as provided by law.

Article 41. (Inviolability of Life and Prohibition of Forced Labor)
No person shall forfeit their life except as a punishment for a crime, nor shall they be forced to serve labor except as a punishment for a crime or as a security measure as decided by trial in a court.

Article 42. (Guarantee of Legal Procedure)
No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.

Article 43. (Right to Trial)
No person shall be denied the right of access to the courts.

Article 44. (Principle of Legality and Prohibition on Double Jeopardy)¹⁷
No person shall be served a criminal punishment for an act committed before the enactment of a law, under said law, when their punishment for said act is being determined.
(2) No person shall be served a criminal punishment for an act of which they have already been acquitted, nor shall they be placed in double jeopardy.

Article 45. (Humanism in Criminal Punishment)
Criminal punishment may not be served by inhumane methods that induce suffering.

Article 46. (Protection of Physical Persons, Prohibition on Abuse of Rights of Public Officials)¹⁸
Any person, in case it is determined they have been physically detained without adequate cause, may speedily have access to a public trial in their presence and the presence of their counsel to have the reason therefor examined, except as ordered otherwise in a trial or the detention occurs under a warrant as provided in Article 48; they may further be granted a court order for relief, if it is clear that there is inadequate cause therefor.
(2) Physical detention may in no circumstances be carried out by methods injurious to the dignity of human beings.
(3) Public officials are prohibited in all circumstances from abusing their powers to oppress the people.

Article 47. (Information on Reasons for Physical Detainment and Guarantee of Legal Counsel)
Any person detained by any authority shall be at once informed of the charges against them and be given the immediate privilege of counsel.¹⁹

Article 48. (Guarantee of Warrant for Physical Detainment)²⁰
No person shall be physically detained for criminal procedures except upon warrant of prior issue by a judicial officer based on adequate cause, unless they are apprehended, the offense being committed.

Article 49. (Inviolability of Residence)
No person may be subject to entries, searches and seizures for criminal procedures in their homes, papers and effects without a warrant of prior issue by a judge based on adequate cause and particularly describing the place to be searched and things to be seized, unless they are apprehended, the offense being committed, or these actions are necessary measures against a person identified by a warrant as described in the preceding article.²¹
(2) Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.

Article 50. (Rights of the Criminally Accused)
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal. Treating the accused as a criminal is forbidden.²²
(2) They shall be permitted full opportunity to examine all witnesses, and they shall have the right of compulsory process for obtaining witnesses on his behalf at public expense.
(3) At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by their own efforts, be assigned to their use by the State.

Article 51. (Forced Confessions and Evidentiary Capacity of Confessions)
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 or punished in cases where the only proof against them is their own confession.

Article 52. (National Compensation Regarding Trials)
Any person, in case they are acquitted after they have been arrested or detained, may sue the State for redress as provided by law.

Article 53. (Management of Trials)
The courts shall endeavor to carry out trials speedily and accurately. The Supreme Court shall report to the Diet once annually on the progress of the affairs of the courts.

Chapter III. The Diet

Article 54. (Legislative Power)
Legislative power shall reside in the Diet.

Article 55. (Bicameralism)
The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.

Article 56. (Organization of the House of Representatives)²³  
The House of Representatives shall consist of elected members, representative of all the people and chosen from each election district.
(2) Candidates eligible for election to the House of Representatives shall be at least twenty-five (25) years of age.
(3) The term of office of members of the House of Representatives shall be four years.

Article 57. (Organization of the House of Councillors)
The House of Councillors shall consist of members elected by proportional representation from each broad-based region and of members elected by a system of recommendation.
(2) The fixed number of members elected from each broad-based region shall comprise at least four-fifths of the total number of members of the House of Councillors as fixed by law.
(3) A recommendation council shall be formed and consist of the Prime Minister and the Chairs of both Houses; it shall appoint a specific number of members of the House of Councillors by recommendation as provided for by law.
(4) Candidates eligible for election to the House of Councillors shall be at least thirty (30) years of age. The same applies to the candidacy of members appointed by recommendation.
(5) 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 58. (Qualifications of Members and Electors, Items Related to Elections)
Other than the provisions of this Constitution, the qualifications of members of both Houses and their electors shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income.²⁴
(2) Electoral districts, the fixed number of members, method of voting and other matters pertaining to the method of election of members of the Diet shall be fixed by law.²⁵

Article 59. (Prohibition on Joint Office in Both Houses)
No person shall be permitted to be a member of both Houses simultaneously.

Article 60. (Oath of Members of Both Houses)
Members of both Houses may not assume office until they take the following oath on the occasion of their appointment:
“I swear my understanding that I represent all the people, that I will observe the Constitution of Japan, follow my conscience, protect world peace, and carry out my functions with the sole aims of the happiness of the people as a whole and the benefit of the public.”

Article 61. (Remuneration of Members)
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.

Article 62. (Privilege of Immunity of Arrest for Members)
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 63. (Non-Liability of Members for Statements and Votes)
Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.

Article 64. (Ordinary Sessions)
An ordinary session of the Diet shall be convoked once per year.

Article 65. (Extraordinary Sessions)
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 66. (Trials on Qualification Disputes)
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 67. (Fixed Number of Members, Voting)
Business cannot be transacted in either House unless one-third or more of total membership is present.
(2) All matters shall be decided, in each House, by a majority of those present, except as elsewhere provided in the Constitution, and in case of a tie, the presiding officer shall decide the issue.

Article 68. (Public Access to Deliberations, Records of Proceedings, Entry of Votes)
Deliberation in each House shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor.
(2) Each House shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy.
(3) Upon demand of one-fifth or more of the members present, names and votes of approval or dissent of members on any matter shall be recorded in the minutes.²⁶

Article 69. (Selection of Officers, House Rules and Punishments)
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 70. (Resolution of Bills, Priority of House of Representatives on Resolution of Bills, Re-deliberation Right of Prime Minister)
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, shall be deemed to be resolved by both Houses when passed a second time by the House of Representatives by a majority of two-thirds or more of the members present.²⁷
(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 fifty (50) 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.²⁸
(5) When both Houses disagree on a bill passed, the Prime Minister may resubmit said bill for re-deliberation, explaining the reason therefor, within ten days from the day of receipt of said bill, the time of recess excepted. If a majority of two-thirds or more of the members of each House make the same decision a second time, that decision shall stand.

Article 71. (Prior Voting and Priority Resolution on Budget for House of Representatives)
The 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 budget passed by the House of Representatives, the decision of the House of Representatives shall be the decision of the Diet.

Article 72. (Priority of House of Representatives in Approving Treaties, Declaration of Mobilization of Self-Defense Force, Power of House of Councillors Concerning Selection of Foreign Missions)²⁹
The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.
(2) The approval of the Diet must be obtained to issue a declaration based on international law regarding the exercise of self-defense force.
(3) The consent of the House of Councillors must be obtained prior to the appointment of ambassadors, envoys and all other diplomatic officials as fixed in law.

Article 73. (Attendance of Cabinet Officials)³⁰
The Prime Minister, the Deputy Prime Minister and other members of the Cabinet may request to appear in either House for the purpose of speaking on bills. They must appear when their presence is required in order to give answers or explanations.

Article 74. (Investigation of Government, Audit of Administration)³¹
Each House may conduct investigations in relation to government.
(2) When each House determines that an investigation in relation to government is necessary, it may demand the presence and testimony of witnesses, and the production of records as provided for by law.
(3) Each House may inspect matters including inefficiency in administration, waste in national expenditure, and unkindness to the people.

Article 75. (Questioning)
Members of each House may question the Prime Minister, the Deputy Prime Minister or members of the Cabinet at any time to obtain information on the Executive.

Article 76. (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.

Chapter IV. The Cabinet and the Prime Minister

Article 77. (Executive Power)
Executive power shall be vested in the Cabinet.

Article 78. (Organization)³²
The Cabinet shall consist of the Prime Minister, the Deputy Prime Minister and members of the Cabinet as provided for in this Constitution and by law.

Article 79. (Election of Prime Minister and Deputy Prime Minister)³³
Within a period of over twenty (20) and up to fifty (50) days of the expiration of the office of the current Prime Minister, and on the same day as the general election for the House of Representatives, there shall be an election where electors shall vote for candidates for the Prime Minister and Deputy Prime Minister as designated by each political party; the candidates who obtain a majority of votes shall be appointed by the Emperor as provided for by law.
(2) The term of office of the Prime Minister and the Deputy Prime Minister shall be four years, with no re-appointment.
(3) Candidates eligible for the offices of the Prime Minister and the Deputy Prime Minister shall be of Japanese nationality by birth and at least thirty-five (35) years of age.
(4) Current military personnel and former military personnel who are less than three years retired may not be candidates for the Prime Minister and the Deputy Prime Minister.
(5) Other than the provisions in this Constitution, the qualifications of electors and all necessary matters relating to elections shall be provided for by law.

Article 80. (Oath of Prime Minister)
The Prime Minister must take the following oath before commencing their functions:
“I swear to faithfully carry out the functions of the Prime Minister, protect the Constitution of Japan, and do the utmost to increase international peace and the increase of the welfare of the people.”

Article 81. (Remuneration of Prime Minister and Deputy Prime Minister)
The Prime Minister and the Deputy Prime Minister shall receive, at regular stated intervals, compensation for their service. The amount of this compensation shall not be decreased during their terms of office.

Article 82. (Prohibition on Joint Office for Prime Minister, Deputy Prime Minister, and Cabinet Members)
The Prime Minister, the Deputy Prime Minister and members of the Cabinet may not hold jointly serve as members of the Diet or in any other official position.
(2) The Prime Minister, the Deputy Prime Minister and members of the Cabinet may not engage in business with private for-profit organizations, and may not themselves run such organizations.
(3) The Prime Minister, the Deputy Prime Minister and members of the Cabinet shall not receive remuneration, nor engage in any kind of business outside of the commercial enterprise in the preceding paragraph.

Article 83. (Limits of Power of Prime Minister)
The Prime Minister shall submit the budget, treaties and all other bills to the Diet on behalf of the Cabinet.
(2) The Prime Minister, if it is determined to be necessary, may advise the Diet on the issuance of bills.
(3) The Prime Minister must report to the Diet at least once annually on the state of government.

Article 84. (Demand for Dismissal of Prime Minister and Voting)
Qualified electors of the Prime Minister may request the dismissal of the Prime Minister, as provided for by law, with the countersigning by least one-third of such electors of a petition therefor, which their representative shall submit on their behalf to the Constitutional Review Council.
(2) When a request according to the preceding paragraph is made, the Constitutional Review Council must put this to a vote of the electors.
(3) The Prime Minister shall lose their office with the consenting vote of a majority of the electors as provided in the previous paragraph.

Article 85. (Acting Representative of Prime Minister)
The Prime Minister, on removal from office, death, or resignation, or on the loss of their ability to wield their powers and carry out their obligations, will have their functions and powers carried out by the Deputy Prime Minister for the remainder of their term, as provided for in this Constitution and other laws.
(2) In the absence of the Prime Minister and the Deputy Prime Minister, or their incapacitation, a public official designated by law shall carry out the functions of the Prime Minister. This public official shall carry out said functions until the incapacitation of the Prime Minister and the Deputy Prime Minister ends, or until the election of a new Prime Minister.

Article 86. (Right of Non-Apprehension and Non-Prosecution of Prime Minister and Deputy Prime Minister)
The Prime Minister and the Deputy Prime Minister shall not be apprehended or prosecuted while in office.

Article 87. (Appointment and Dismissal of Members of Cabinet)
The Emperor shall appoint members of the Cabinet based on the designation of the Prime Minister.
(2) Current military personnel and former military personnel who are less than three years retired may not become members of the Cabinet.
(3) The Emperor shall dismiss members of the Cabinet based on the request of the Prime Minister.

Article 88. (Executive Duties of Cabinet)³⁴
The Cabinet, aside from other general administrative functions, shall perform the following functions:
1. Administer the law faithfully; conduct affairs of state.
2. Prepare the budget, and present it to the Diet.
3. Manage foreign affairs.
4. Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
5. Administer public officials in accordance with standards established by law.
6. Enact cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
7. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights. However, these shall require the prior approval of the House of Councillors.

Article 89. (Emergency Cabinet Orders, Financial Management)
When large-scale social disorder occurs from a natural disaster or other state of abnormality, which causes danger to the public, or in case it is necessary to avert an urgent crisis, and the Diet is not in session, the Cabinet may, with the resolution of the Constitutional Review Council, temporarily issue cabinet orders in place of law, and take similar necessary measures in finance.
(2) Approval for the cabinet orders and measures in finance as provided in the preceding paragraph shall be obtained by resolution of the Diet, convened within two months of issuance.
(3) When the cabinet orders as provided in the first paragraph are not approved by the Diet, or when the Diet cannot reach a resolution within three months of their being effected, the validity of said orders shall cease.

Article 90. (Declaration of State of Emergency)
In the situation of the preceding article, when it is determined that danger to the public cannot be averted without the use of self-defensive force, the Prime Minister may, with the resolution of the Diet, or of the Constitutional Review Council in case the Diet cannot be in session, issue a declaration of a state of emergency for a specific region and duration.
(2) The Prime Minister, on issuing a declaration of a state of emergency as provided for in the preceding paragraph, must obtain swift and subsequent approval therefor through the resolution of the Diet. When the declaration of a state of emergency is not approved by the Diet, its validity shall cease.
(3) Executive functions during a state of emergency, as provided for by law, shall be carried out by the Self-Defense Army in limited cases where unavoidable.
(4) Regions affected by a state of emergency, in cases where unavoidable, may be subject to law that contravenes the extant provisions on residential safety, residences, moving, divestment of nationality, association, assembly, and freedom of expression, rights protecting the benefits of workers, the protection of private property, the guarantee of a warrant for physical detention, and the guarantee of a warrant for search and confiscation.
(5) Aside from the provisions in the preceding four paragraphs, all other matters relating to the declaration of a state of emergency shall be fixed in law.

Article 91. (Extension of Term of Office of Diet Members During Emergency)
When, following the expiration of the term of office of the members of either the House of Representatives or the House of Councillors, large-scale social disorder occurs from a natural disaster or other state of abnormality, and it is determined that elections cannot be held, the Prime Minister may, based on the resolution of the Constitutional Review Council, extend the terms of office of said members for a limited time.

Article 92. (Signature of Laws and Cabinet Orders)
All laws and cabinet orders shall be signed by the competent member of the Cabinet and countersigned by the Prime Minister.

Chapter V. Constitutional Review Council

Article 93. (Composition of the Constitutional Review Council)
The Chairs of both Houses of the Diet and the Prime Minister currently in office shall be members of the Constitutional Review Council as a matter of course.
(2)  Other than the members in the preceding paragraph, the Chairs of the House of Representatives and the House of Councillors may each designate the names of three members to be appointed by the Emperor. The term of office for these six members shall be six years, and election for half the members shall take place every three years, with no privilege of reappointment.
(3) The Chair of the Constitutional Review Council shall be chosen by mutual election amongst its members. If less than five members of the Council are present, it may not sit in session. Resolutions shall require the majority vote of all present members, and the vote of the Chair shall be decisive when there is an equal number of approving and disapproving votes.

Article 94. (Prohibition on Joint Office of Executive Members)
The members of the Constitutional Review Council in paragraph two of the preceding article may not jointly serve as the Prime Minister, the Deputy Prime Minister, a member of the Cabinet, a member of the Diet, or hold any other office.

Article 95. (Limits on Powers of Constitutional Review Council)
The Constitutional Review Council shall conduct surveillance on the legality of the elections for the Prime Minister and the Deputy Prime Minister and report its findings therefor.
(2) The Constitutional Review Council shall investigate disputes relating to the elections in the preceding paragraph.
(3) The Constitutional Review Council shall conduct surveillance on the legality of national referendums and report its findings therefor.

Article 96.
When a law or a treaty is suspected to be in contravention of this Constitution, the Prime Minister, or the Chair and at least fifty (50) members of either House of the Diet may demand that the Constitutional Review Council arbitrate the constitutionality of a law or a treaty prior to the promulgation of a law or the effectuation of a treaty.
(2) In the case of the preceding paragraph, the Constitutional Review Council must conduct arbitration within one month from the date of such demand. However, in times of urgent need, and based on the demands of the government, the arbitration period may be shortened to eight days.
(3) In case of a demand according to the first paragraph, until the Constitutional Review Council determines that said law or treaty is not in contravention of this Constitution, said law or treaty may not be promulgated or effected.

Chapter VI. Judiciary

Article 97. (Judicial Power, Courts, Prohibition on Special Courts, Independence of Judges)
The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
(2) No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.³⁵
(3) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.

Article 98. (Rule-Making Power of 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 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 99. (Guarantee of Judges’ Status)³⁶
Judges shall not be dismissed 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 100. (Supreme Court Judges, Retirement, Remuneration)³⁷
The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law.
(2) The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.
(3) All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
 

Article 101. (Lower Court Judges, Terms, Retirement, Remuneration)
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.

Article 102. (Public Access to Trials)
Trials shall be conducted and judgment declared publicly.
(2) Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly.

Chapter VII. Finance

Article 103. (Basic Principles of Financial Management)
The power to administer national finances shall be exercised as the Diet shall determine.

Article 104. (Taxation)
No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.

Article 105. (National Expenditure and National Debt Burden)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.

Article 106. (Budget)
The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year.

Article 107. (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 108. (Imperial Household Finances and Expenditures)
All property of the Imperial Household shall belong to the State. All expenses of the Imperial Household shall be appropriated by the Diet in the budget.

Article 109. (Accounting Audits, Board of Audit)
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.
(2) The organization and competency of the Board of Audit shall be determined by law.

Article 110. (Reports on Financial Situation)³⁸
At regular intervals and at least annually the Cabinet shall report to the Diet on the state of national finances.

Chapter VIII. Defense

Article 111. (Cooperation with International Peace Organizations)
The State may take part in international security systems of mutual collective defense for the maintenance of peace. The State, together with other states, may collectively consent to limits on its sovereignty that bring and guarantee peace and lasting order to the countries of the world.

Article 112. (Prohibition on War)³⁹
Aspiring sincerely to an international peace based on justice and order, the Japanese people forever prohibit war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.

Article 113. (Character and Mission of Self-Defense Army)
The Self-Defense Army shall maintain the minimum necessary extent of military power to secure the safety and independence of the State and to cooperate with international peacekeeping organs.
(2) The organization and deployment of the Self-Defense Army shall be fixed in law.
(3) The Self-Defense Army shall engage in military acts only for defense against invasion or for cooperation with international peacekeeping organs.

Article 114. (Supreme Command of Self-Defense Army)
The supreme command of the Self-Defense Army is vested in the Prime Minister.

Article 115. (Personnel of Self-Defense Army)
The selection and appointment of cadres in the Self-Defense Army as provided for in law shall require the prior consent of the House of Councillors.

Article 116. (Dispatch of Self-Defense Army)
If the Prime Minister orders the dispatch of the Self-Defense Army to defend the safety and independence of the State against invasion, or to cooperate with international peacekeeping organizations, they must obtain approval therefor from the Diet, or from the Constitutional Review Council if the Diet is in recess.
(2) If the Prime Minister orders the dispatch of the Self-Defense Army with the approval of the Constitutional Review Council when the Diet is in recess, they shall speedily convoke the Diet and obtain its approval. In this case, if the Diet withholds its approval, the Prime Minister shall immediately order the withdrawal of the Self-Defense Army.

Article 117. (Status of Military Personnel)
Concerning military personnel, the application of the provisions in Chapter 2 may be discarded to the extent necessary for the preservation of order in the armed forces and the performance of military missions.
(2) Concerning military personnel, a special court may be established as provided for by law regardless of the provision in paragraph two of Article 97.

Chapter IX. Local Government

Article 118. (Basic Principles of Local Self-Government)
Regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy.

Article 119. (Organs of and Direct Elections for Local Public Entities)
The local public entities shall establish assemblies as their deliberative organs, in accordance with law.
(2) The chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities.

Article 120. (Powers of Local Public Entities)
Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law.

Article 121. (Special Law on Resident Voting)
A special law, applicable only to one local public entity, cannot be enacted by the Diet without the
consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.

Chapter X. Amendments

Article 122. (Procedures for Amendments)⁴⁰
Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of three-fifths or more of all the members of each House, or through a petition countersigned by one-third or more of electors, and shall thereupon be submitted to a national referendum, which must obtain the affirmative vote of a majority of all votes cast thereon.

Article 123. (Promulgation of Amendments)⁴¹
Amendments when so ratified in the preceding article shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.

Chapter XI. Supplementary Provisions

Article 124. (Date of Enactment and Preparatory Procedures)⁴²
This Constitution shall be enforced as from the day when the period of six months will have elapsed counting from the day of its promulgation.
(2) The enactment of laws necessary for the enforcement of this Constitution, the election of members of the House of Councillors and the designation of members of the Constitutional Review Council and other preparatory procedures necessary for the enforcement of this Constitution may be executed before the day prescribed in the preceding paragraph.