1999

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Partial Draft

OZAWA Ichirō

小沢一郎

OZAWA Ichirō1
A Revised Draft of the Constitution2
September 1999


(The Right of Self-Defense)
Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
(2) In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.
(3) The provisions of the two preceding paragraphs do no do not prevent Japan from maintaining war potential when Japan exercises its right of self-defense in the case of a military attack from another country.

(International Peace)
In order to maintain international peace and security, the Japanese people shall take the lead in participating in peace operations when faced with threats to the peace, breaches of the peace, or acts of aggression. [They] must actively contribute to international peace through all means including providing military force.

(Public  Welfare)
The fundamental human rights guaranteed by this Constitution must conform to the public welfare and public order. Matters relating to the public welfare and public order are regulated by law.

(The Right of the Pursuit of Happiness)
The people’s right to life, freedom, and the pursuit of happiness guaranteed by this Constitution must be maintained through constant efforts. In addition, the people shall not abuse these rights.

(The Diet) 
The House of Representatives shall consist of elected members who are representatives of all the people. The number of representatives and matters regarding elections shall be fixed by law.
 
Members of the House of Councilors shall be designated by the House of Representatives and appointed by the Emperor. The term of their position is lifelong.*
*Add the appointment of members of the House of Councillors to the Emperor's official duties.3
 
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.

(The Cabinet)
The Prime Minister shall be designated from among the members of the House of Representatives by a resolution of the House of Representatives.

(State of Emergency)
The Cabinet shall declare a state of emergency if an emergency has the potential to have a tremendous impact on the nation or the lives of the people. Matters relating to a state of emergency shall be provided by law.

(Judiciary) 
The whole judicial power is vested in a Constitutional Court, a Supreme Court, and in such inferior courts as are established by law.

The Constitutional Court shall have the power to determine the constitutionality of any law, order, regulation or official act.

(Finance)
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 not under the control of public authority.4

(Amendments)
Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more 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 or at such election as the Diet shall specify.
(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.