2005
|Full Draft
Nakasone Yasuhiro Peace Institute
世界平和研究所 (Former: Institute for International Policy Studies)
Nakasone Peace Institute (NPI)1
Draft of the Peace Institute Constitution of Japan2
July 3, 2005
We, the Japanese people, have for generations inhabited the beautiful northeastern islands which are in the east of Asia and washed by the waves of the Pacific Ocean; having accepted our Emperor as the symbol of the unity of the State and its people, we have formed and developed a unique culture and a lifestyle native to our people.
We shall now realize, on the basis of long historical experience, the arrangement of a new system of state, the maintenance of autonomous independence, and the ideal of human co-existence.
Our Japan shall be a democratic nation-state where sovereignty resides with the people, and where government is based on the trust of the people and conducted by their representatives, the fruits thereof for the enjoyment of the people.
We shall hold fast to the system of the State on the basis of respect for freedom, democracy, human rights and peace.
We shall, in international society, aspiring sincerely to an international peace based on justice and order, contribute to the realization thereof.
We shall endeavor towards the development of a Japanese society that is free, fair and lively, as well as the increase of the welfare of the people; we shall value education alongside aiming for co-existence with nature, and do the utmost to preserve the environment of the Earth.
Moreover, we shall recognize the importance of culture that brings harmony and solidarity to the world, and actively contribute to the creation of both national and world culture.
We, the Japanese people, recall the significance of the history wrought by the Constitution of the Empire of Japan and the Constitution of Japan, and hereby enact this Constitution, as a fundamental model appropriate for the Japan of a new era, in the name of our people.
Article 1. (Status of the Emperor)
The Emperor is the head of state of Japan, whose sovereignty resides with its people, and is the symbol of the unity of the Japanese people.3
Chapter I. Sovereignty of the People
Article 2. (Sovereignty of the People, Method of Effecting Sovereignty)
The sovereignty of Japan shall reside in the people, and the people shall wield their sovereignty through their representatives in the Diet and through national referendums.
Article 3. (Elections)4
The people have the inalienable right and the obligation to choose their public officials and to dismiss them.
(2) Universal adult suffrage, free and secret elections, and the equal value of votes are guaranteed with regard to the election of public officials.
(3) A voter shall not be answerable, publicly or privately, for the choice they have made.
Article 4. (Political Parties)
The people may freely form political parties.
(2) Political parties must respect the principle of the sovereignty of the people, cooperate in the formation of the political will of the people, and endeavor to develop democratic governance.
Article 5. (Duty of State to Provide Explanation)
The State shall facilitate the people in wielding their sovereignty, as provided for by law, by making public information related to matters of state, and fulfilling its responsibility to the people of providing explanations therefor.
Chapter II. The Emperor
Article 6. (Imperial House Law)
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.
Article 7. (Powers of Emperor)5
The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and they shall not have powers related to government.
(2) The Emperor may delegate the performance of their acts in matters of state as may be provided by law.
(3) The advice and approval of the Prime Minister shall be required for all acts of the Emperor in matters of state, and the Prime Minister shall be responsible therefor.
Article 8.(Regency)
When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform their acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable.
Article 9. (Appointment Rights of Emperor)6
The Emperor shall appoint the Prime Minister as designated by the House of Representatives.
(2) The Emperor shall appoint the Chief Judge of the Constitutional Court as designated by the Diet.
(3) The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Prime Minister.
Article 10. (Acts in Matters of State by Emperor)7
The Emperor, with the advice and approval of the Prime Minister, 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. Issuance of imperial edict for the convocation of the Diet.
3. Issuance of imperial edict for the dissolution of the House of Representatives.
4. Proclamation of general election of members of the House of Representatives and ordinary election of the House of Councillors.
5. Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
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.
Chapter III. National Security and International Cooperation
Article 11. (Renunciation of War, National Security, Self-Defense Army, Participation in International Peacekeeping and Related Matters, Civilian Rule)8
Aspiring sincerely to an international peace based on justice and order, the Japanese people forever refuse to recognize war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
(2) Japan shall possess a Self-Defense Army to protect its peace and independence, as well as to preserve its State and its people.
(3) Japan may permit its Self-Defense Army to participate in international organs and activities for international cooperation for the purposes of maintaining international peace and security, as well as the provision of humanitarian support.
(4) The supreme command of the Self-Defense Army is vested in the Prime Minister. In case the Self-Defense Army is ordered to carry out activities that require the use of military force, the prior or subsequent approval of the Diet must be obtained.
Chapter IV. Rights and Duties of the People
Article 12. (Conditions of Nationality)
The conditions necessary for being a Japanese national shall be determined by law.
Article 13. (Fundamental Human Rights)9
Every person10 shall enjoy all of the fundamental human rights as their birthright. 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.
(2) The rights in the preceding paragraph are equally guaranteed for foreigners except those rights which are qualitatively restricted.
Article 14. (Freedoms and Rights)11
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of each person, who shall refrain from any abuse of these freedoms and rights.
(2) Every person shall mutually respect the freedoms and rights of one another.
Article 15. (Dignity of the Individual and Right to Pursue Life, Liberty and Happiness)12
All persons shall be respected as individuals. Their right to pursue life, liberty, and happiness shall, to the extent that it does not interfere with the public good, require the utmost consideration in legislation and in other governmental affairs.
Article 16. (Equality Under the Law)13
All persons are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, address, 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. The particulars of honors, decorations and other distinctions shall be provided for by law.
(4) No such award shall be valid beyond the lifetime of the individual who now holds or hereafter may receive it.
Article 17. (Public Officials)14
All public officials are servants of the whole community and not of any group thereof. Public officials shall constantly endeavor to realize the freedoms and rights guaranteed by this Constitution.
Article 18. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.
Article 19. (Freedom of Religion and Prohibition on Public Expenditure)
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 its organs shall refrain from religious activity that supports, promotes, encourages, oppresses or interferes with any particular religion.15
Article 20. (Freedom of Expression)16
Freedom of speech, press and all other forms of expression are guaranteed.
(2) No censorship shall be maintained.
(3) The secrecy of all means of communication shall not be violated.
Article 21. (Freedom of Assembly and Association)17
Freedom of assembly and association is guaranteed.
Article 22. (Academic and Creative Freedom)18
Academic freedom is guaranteed.
(2) Freedom of the arts, scholarship, science and technology, and other creative activities is guaranteed. Intellectual property shall be protected as provided for by law.
Article 23. (Ethical Rights)
The personal honor, trust and character of all persons shall not be unjustly violated.
(2) All persons shall have the right to be free from interference without due cause in their personal affairs and families, nor shall these be made public to any third party.
Article 24. (Freedom from Servitude)19
Involuntary servitude for any person, except as punishment for crime, is prohibited.
Article 25. (Freedom of Residence and Moving)20
Every person shall have freedom to choose and change their residence.
(2) All persons shall be free to move to a foreign country and to divest themselves of their nationality.
Article 26. (Freedom to Choose Occupation and Business)21
Every person shall have freedom to choose their occupation and their business to the extent that it does not interfere with the public welfare.
Article 27. (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 good.22
(3) Private property may be taken for public use upon just compensation therefor.
Article 28. (Dignity of Individual and Equality of Both Sexes in Household and Family)23
The family shall be the fundamental unit that composes society. All persons shall each endeavor towards the maintenance and the formation of the family to which they belong.
(2) 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.
(3) The State shall protect the family as founded on individual dignity and the essential equality of the sexes.
(4) 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 29. (Right to Live, Obligation of State to Endeavor)
All the people shall have the right to maintain the minimum standards of wholesome and cultured living.24
(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 30. (Environmental Rights)
All people shall enjoy the right to a good environment and bear the obligation to preserve it.
(2) The State shall endeavor to preserve a good environment.
Article 31. (Right to Receive Education)25
Every person shall have the right to receive an equal education correspondent to their ability, as provided by law.
(2) Every person 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 32. (Right and Obligation to Work)
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 33. (Right of Workers to Organize)
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 34. (Taxpaying Obligation)26
All people shall be liable to taxation as provided by law.
Article 35. (Duty to Protect Peace and Independence)
All of the people shall bear the duty to protect the peace and the independence of the State.
Article 36. (Guarantee of Legal Procedure)27
No person shall be deprived of life or liberty, nor shall any other criminal penalty or executive punishment be imposed, except according to appropriate procedure established by law.
Article 37. (Right of Access to the Courts)28
All persons shall be guaranteed the right of access to the courts.
Article 38. (Conditions of Apprehension)29
No person shall be apprehended except upon warrant issued by a competent judge which specifies the offense with which the person is charged, unless they are apprehended, the offense being committed.
Article 39. (Conditions on Detainment and Detention)
No person shall be arrested or detained without being at once informed of the charges against them or without the immediate privilege of counsel; nor shall they be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in their presence and the presence of their counsel.
Article 40. (Inviolability of Residence)30
No person, except as provided by Article 38, and except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, shall have their homes, papers and effects subject to entries, searches and seizures.
(2) Each search or seizure must be made upon separate warrant issued by a competent judge.
Article 41. (Prohibition on Torture and Cruel Punishment)31
The infliction of torture by any public officer and cruel punishments are forbidden.
Article 42. (Rights of Criminally Accused, Etc.)
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
(2) They shall be permitted full opportunity to examine all witnesses, and they shall have the right of compulsory process for obtaining witnesses on their behalf at public expense.
(3) At all times the accused or detained suspects shall have the assistance of competent counsel who shall, if the accused are unable to secure the same by their own efforts, be assigned to their use by the State.
Article 43. (Rights of Criminally Accused)
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 44. (Prohibition on Retroactive Punishment, Double Jeopardy)
No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which they have been acquitted, nor shall they be placed in double jeopardy.
Article 45. (Right to Demand Criminal Compensation)
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 46. (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 47. (Right to Demand State Compensation)
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.
Chapter V. The Diet
Article 48. (Legislative Power)32
Legislative power is vested in the Diet.
Article 49. (Bicameralism)
The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.
Article 50. (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 51. (Qualifications of Members and Electors)33
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, address, social status, education, property or income.
Article 52. (Term of Office of Members of House of Representatives)
The term of office of members of the House of Representatives shall be four years. However, the term shall be terminated before the full term is up in case the House of Representatives is dissolved.
Article 53. (Term of Office of Members of 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 54. (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. However, members of the House of Representatives shall be directly elected by the people.
Article 55. (Prohibition on Joint Office in Both Houses)
No person shall be permitted to be a member of both Houses simultaneously.
Article 56. (Remuneration of Members)
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.
Article 57. (Privilege of Immunity from 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 58. (Non-Liability of Members in Statements and Voting)
Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.
Article 59. (Ordinary Sessions)
An ordinary session of the Diet shall be convoked once per year.
Article 60. (Extraordinary Sessions)34
The Prime Minister may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Prime Minister must determine on such convocation.
Article 61. (Dissolution of House of Representatives, Special Sessions, Emergency Assembly of House of Councillors)
When the House of Representatives is dissolved, there must be a general election of members of the House of Representatives within forty (40) days from the date of dissolution, and the Diet must be convoked within thirty (30) days from the date of the election.
(2) When the House of Representatives is dissolved, the House of Councillors is closed at the same time. However, the Prime Minister may in time of national emergency convoke the House of Councillors in emergency session.35
(3) 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 62. (Judgments 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 63. (Fixed Number of Members, Voting)36
Business cannot be resolved 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 stipulated in the Constitution, and in case of a tie, the presiding officer shall decide the issue.
Article 64. (Public Access to Proceedings, Secret Sessions, Minutes of Proceedings)
Deliberation in each House shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor.
(2) Each House shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy.
(3) Upon demand of one-fifth or more of the members present, votes of members on any matter shall be recorded in the minutes.
Article 65. (Election and Appointment of Officers, Member Regulations)
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 66. (Resolution of Bills, Priority of House of Representatives)37
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.
(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) Passage of a bill a second time by the House of Representatives provided for in the second paragraph must occur sixty (60) days after a decision by the House of Councillors, time in recess excepted.
(5) 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 67. (Prior Resolution of House of Councillors on Budget, Priority of House of Councillors)38
The budget bill must first be submitted to the House of Representatives.
(2) Upon consideration of the budget bill, when the House of Councillors makes a decision different from that of the House of Representatives, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or in the case of failure by the House of Councillors to take final action within thirty (30) days, the period of recess excluded, after the receipt of the budget bill passed by the House of Representatives, the decision of the House of Representatives shall be the decision of the Diet.
Article 68. (Approval of Treaties, Priority of House of Representatives)
The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.
Article 69. (Consent to Appointment of Public Officials)
The appointment of important public officials as fixed in law shall require the consent of the House of Councillors.
Article 70. (Right to Investigate Government)39
Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records. Such investigations must be conducted when approved by one-tenth or more of the total members of each House.
(2) If investigations are conducted as provided in the preceding paragraph, their conclusions shall be preserved in record and publicly disclosed except where determined that secrecy is required.
Article 71. (Attendance and Obligation of Cabinet Officials to Provide Explanations in Sessions)
Both Houses may request the presence of the Prime Minister and other Ministers of State in order to give answers or explanations. The Prime Minister and other Ministers of State must appear in the Diet when their presence is required.
(2) Furthermore, the Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on the contents and the management of bills, regardless of whether they are members of the House or not.
Article 72. (Impeachment Courts, Committee on Removal)
The House of Councillors shall set up an impeachment court from among the members of the House of Councillors for the purpose of trying those judges against whom removal proceedings have been instituted.
(2) The House of Representatives shall establish an impeachment committee from among the members of the House of Representatives for the removal proceedings in the preceding paragraph.
(3) Matters relating to removal proceedings and impeachment shall be provided by law.
Chapter VI. The Prime Minister
Article 73. (Executive Power, Responsibility to Diet)40
Executive power shall be vested in the Prime Minister.
(2) The Prime Minister, in the exercise of executive power, shall be responsible to the Diet.
Article 74. (Recommendation of Candidates for Prime Minister)
General elections shall be held for the selection of members of the House of Representatives and for the recommendation of the Prime Minister.
(2) Political parties must declare candidates for Prime Minister on the occasion of a general election therefor.
Article 75. (Designation of Prime Minister)41
The Prime Minister shall be designated from among the members of the House of Representatives by a resolution of the House of Representatives. This designation shall precede all other business.
(2) On the designation in the preceding paragraph, in case no candidate obtains a majority of votes cast, a second election shall be conducted with the two candidates who have obtained the most votes, and the candidate who obtains more votes therein shall be the designee.
Article 76. (Dissolution Right of and Non-Confidence Vote in Prime Minister)42
The Prime Minister may dissolve the House of Representatives.
(2) If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Prime Minister shall dissolve the House of Representatives.
Article 77. (Composition of Cabinet)43
The Cabinet shall consist of the Prime Minister, and other Ministers of State who shall assist them, as provided for by law.
(2) The Prime Minister and other Ministers of State must be civilians.
Article 78. (Appointment and Dismissal of Ministers of State)
The Prime Minister shall appoint the Ministers of State. However, a majority of their number must be chosen from among the members of the Diet.
(2) The Prime Minister may remove the Ministers of State.
Article 79. (Resignation En Masse of Cabinet)44
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) In the cases mentioned in the preceding paragraph, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.
Article 80. (Temporary Deputy of Prime Minister)
When the Prime Minister is incapacitated, or there is a vacancy in the post of Prime Minister, a Minister of State of prior designation shall carry out the functions of the Prime Minister.
Article 81. (Limits of Powers of Prime Minister)45
The Prime Minister shall determine the basic policy of key policies in the Cabinet, and be responsible therefor.
(2) The Prime Minister shall submit bills, budget bills and other measures to the Diet; they shall report on general national affairs and foreign relations to the Diet.
(3) The Prime Minister shall exercise control and supervision over various administrative branches.
Article 82. (Limits of Powers of Ministers of State)
The Ministers of State shall divide the administration of executive affairs between them as the chief ministers thereof, as provided for by law.
(2) The Ministers of State shall carry out the executive affairs under their respective jurisdictions, and be responsible therefor, according to the basic policy determined by the Prime Minister.
Article 83. (Functions of Prime Minister)46
The Prime Minister shall receive the assistance of the Ministers of State to perform, in addition to other general administrative functions, 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 budget bill.
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.
Article 84. (National Referendums)
The Prime Minister may refer a bill of their own submission to a national referendum.
(2) In case of the preceding paragraph, the approval of one-third or more of the members of each House, for both Houses, must be obtained in advance.
(3) The Prime Minister shall bear the obligation to explain the results of the national referendum to the Diet.
(4) The Diet shall adhere to the result of the national referendum to which a bill has been referred.
(5) Matters related to national referendums shall be fixed in law.
Article 85. (Signature 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 86. (Privilege 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.
Article 87. (Declaration of State of Emergency, Powers of Supervision and Control)
The Prime Minister, if a situation occurs in which the independence and security of the State or the lives, bodies and property of a large number of the people are threatened, or risk being threatened, and when it is determined that emergency measures are necessary to address the gravity therefor, may issue a declaration of a state of emergency, as provided for by law, for the entire country or a particular region.
(2) When the Prime Minister has issued a declaration of a state of emergency, as based in law, they may command the Self-Defense Army, the police, the Coast Guard, the Fire Brigade and other executive organs, and further give direct instructions to the heads of the local public entities.
Article 88. (Approval of Diet and Lifting of Declaration)
Within twenty (20) days of issuing a declaration of a state of emergency, the Prime Minister must refer it to the Diet and obtain their authorization. When the House of Representatives is dissolved, authorization must be obtained from an emergency assembly of the House of Councillors.
(2) The Prime Minister must speedily lift a declaration of a state of emergency when it is not authorized by the Diet, or when such a declaration is no longer necessary.
Article 89. (Emergency Measures, Respect for Fundamental Human Rights, Fair Procedures)
On issuing a declaration of a state of emergency, the Prime Minister may take urgent measures to restrict the freedoms and the rights guaranteed by this Constitution to the minimum extent necessary admissible within the boundary of law for protecting the lives, bodies or property of the people.
(2) The Prime Minister must respect fundamental human rights when taking the measures in the preceding paragraph.
(3) The measures in the first paragraph shall be carried out under just and appropriate procedure, and relief for the rights and the welfare of the people on the implementation therefor shall also be speedily resolved by procedure.
Chapter VII. The Courts
Article 90. (Judicial Power, Prohibition on Special Courts, Independence of Judges in Functions)
The whole judicial power is vested in a Constitutional Court, a Supreme Court and in such inferior courts as are established by law.47
(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 91. (Right of Constitutional Court to Investigate Non-Constitutionality)48
The Constitutional Court is the court of last resort with power to determine the constitutionality of any treaty, law, order, regulation or official act.
Article 92. (Jurisdiction of Constitutional Court)
The Constitutional Court shall have jurisdiction over the following matters:
1. Judging whether a treaty, law, order, regulation or official act conforms to the Constitution, when so requested by the Cabinet or by one-third or more of the members of either House, as provided for by law.
2. Judging whether a specific legal case conforms to the Constitution, in matters demanded by the Supreme Court or the inferior courts, as provided for by law.
3. Judging the raising of objections to a ruling by the Supreme Court on the constitutionality of a specific legal case by the parties involved, as provided for by law.
Article 93. (Force of Non-Constitutionality Verdict by Constitutional Court)
The decision of the Constitutional Court on whether a treaty, law, order, regulation or official act conforms to the Constitution shall thereafter bind the State and the local public entities.
Article 94. (Judges of Constitutional Court, Term of Office, Remuneration)
The Constitutional Court shall consist of a Chief Judge and such number of judges as may be determined by law; half this number of such judges, excepting the Chief Judge, shall be appointed by the Diet and the Prime Minister respectively.
(2) The judges of the Constitutional Court shall hold office for a term of ten (10) years with no privilege of reappointment.
(3) The judges of the Constitutional Court shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 95. (Judges of Supreme Court, Term of Office, Remuneration)49
The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Prime Minister.
(2) The judges of the Supreme Court shall hold office for a term of ten (10) years with privilege of reappointment.
(3) The judges of the Supreme Court shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 96. (Judges of Inferior Courts, Term of Office, Remuneration)
The judges of the inferior courts shall be appointed by the Prime Minister 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.50
(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 97. (Rule-Making Powers of Supreme Court and Constitutional Court)51
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) The Constitutional Court is vested with the rule-making power under which it determines matters relating to the Constitutional Court in the preceding paragraph.
(3) Public procurators shall be subject to the rule-making power of the Constitutional Court and the Supreme Court.
(4) The Supreme Court may delegate the power to make rules for inferior courts to such courts.
Article 98. (Guarantee of Status of 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 99. (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 IV of this Constitution are in question shall always be conducted publicly.
Chapter VIII. Finance
Article 100. (Basic Principles of Financial Management)
National finances shall be administered by the Prime Minister as the Diet shall determine.
(2) The State shall endeavor to maintain and manage sound finances.
Article 101. (Taxation)
No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
Article 102. (National Expenditure and Management of National Debt)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 103. (Budget Bills, Continuing Expenditure)52
The Prime Minister shall prepare and submit to the Diet for its consideration and decision a budget bill for each fiscal year.
(2) When special continuous expenditure is necessary, its term shall be determined and subject to the decision of the Diet as continuing expenditure.
Article 104. (Reserve Fund)53
In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Prime Minister.
(2) The Prime Minister must get subsequent approval of the Diet for all payments from the reserve fund.
Article 105. (Property of Imperial Household)54
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 bill.
Article 106. (Limits on Use of Public Property)55
No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable, educational or benevolent enterprises, as fixed in law, not under the control of public authority.
Article 107. (Accounting Audits, Board of Audit)56
Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and submitted by the Prime Minister 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 108. (Report on Financial Situation)57
At regular intervals and at least annually the Prime Minister shall report to the Diet and the people on the state of national finances.
Chapter IX. Local Self-Government
Article 109. (Basic Principles of Local Self-Government)
Local self-government shall be based on the principle of the local public entities and their residents conducting affairs closely related to the everyday life of residents in a locality through their own volition and responsibility.
(2) Regulations concerning organization and powers of local public entities shall be fixed by law in respect to the principle in the preceding paragraph.58
Article 110. (Direct Elections for Chairs and Members of Local Assemblies)
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 public officials as may be determined by law shall be elected by direct popular vote within their several communities.59
Article 111. (Powers of Local Public Entities, Enactment of Ordinances, Taxation)
Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within the purport of law.60
(2) Local public entities may impose taxation by ordinance to enact their powers, and their finances shall be soundly managed and maintained.
Article 112. (Special Law on Resident Voting)
A special law, applicable only to a specific 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.61
Chapter X. Amendments
Article 113. (Amendment Procedures and Promulgation)
Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of half or more of all the members of each House and shall thereupon be submitted to the people for ratification, which must obtain the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.62
(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 XI. Supreme Law
Article 114. (Supremacy of Constitution)63
This Constitution shall be the supreme law of the nation and no treaty, law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.
Article 115. (Observance of International Law)
The treaties concluded by Japan and established laws of nations shall be faithfully observed.
Article 116. (Obligation to Respect and Uphold Constitution)64
The Emperor or the Regent as well as the Prime Minister, the Ministers of State, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.