Peace and Happiness through Prosperity (PHP) Integrated Research Institute¹
Draft of the Constitution of Japan for the 21st Century²
November 1, 2004

Preamble

The Japanese people, who are the sovereigns of Japan, declare that, based on the principles of liberty, democracy and respect for human rights, they shall inherit and develop Japan’s history and customs, and aim to increase their country’s security, domestic order and stability, and the welfare of their people, together with actively contributing to the realization of the peace and prosperity for the peoples of the world.
 
This Constitution is enacted as the will of the people and is the supreme law of Japan that the people should observe.

Chapter I. The Sovereign People

Article 1. (The Locus of Sovereignty)
The sovereignty of Japan resides in its people.
(2) The Japanese people have the right and the obligation to protect the independence and sovereignty of Japan.

Article 2. (Exercise of Sovereignty)
The Japanese people shall exercise their sovereignty through fairly elected members of the legislative organs, the chief officers of executive organs and judges.

Article 3. (Conditions of Nationality)
The conditions necessary for being a Japanese national shall be determined by law.

Article 4. (Enjoyment of Fundamental Human Rights)
The people shall enjoy all of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be eternal and inviolate rights.

Article 5. (Prohibition on Abuse of and Duty to Maintain Freedoms 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 utilizing them for the public welfare.

Article 6. (Individual Dignity, Right to Happiness, Public Interest)
All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public interest, must be the supreme consideration in legislation and in other governmental affairs.

Article 7. (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.

Article 8. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.

Article 9. (Freedom of Religion)
Freedom of religion is guaranteed to all.
(2) No person shall be compelled to take part in any religious act, celebration, rite or practice.
(3) The State and all public organizations shall refrain from any activity which proselytizes or promotes a specific religion.
(4) No religious organization shall receive any privileges from the State, nor exercise any political authority.

Article 10. (Freedom of Assembly and Association)
Freedom of assembly and association are guaranteed.

Article 11. (Freedom of Expression, Prohibition on Censorship)
Freedom of expression is guaranteed.
(2) No censorship shall be maintained.

Article 12. (Protection of Privacy)
No person may violate the privacy of information concerning an individual and their personal life except in cases where not doing so would harm the public welfare.
(2) The secrecy of all means of communication shall not be violated.

Article 13. (Right to Know, Protection of Classified Information)
The people have the right to know public information. However, classified information pertaining to national defense, foreign relations and national security shall be protected according to law.

Article 14. (Freedom to Choose and Change Residence and Occupation; Freedom to Move Overseas and Divest Nationality)
Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public interest.
(2) Freedom of the people to move to a foreign country and to divest themselves of their nationality shall be inviolate.
(3) The people shall not be deprived of their nationality, exiled overseas, or handed over to a foreign government as a criminal without due cause.

Article 15. (Academic Freedom)
Academic freedom is guaranteed.

Article 16. (Individual Dignity in Family Life, Equality of Men and Women)³
Marriage shall be based only on the consent of the parties concerned and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
(2) With regard to choice of spouse, property rights, inheritance, choice of domicile, marriage, divorce and other matters pertaining to the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of men and women.

Article 17. (Right to Live, Social Mission of State)
All people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) The State shall use its endeavors for the promotion of social welfare, the fulfillment of social security and the extension of public health.

Article 18. (Rights and Duties Concerning the Environment)
All people shall have the right to enjoy a good environment.
(2) The State and the people shall bear the obligation of endeavoring to maintain and harmoniously improve a good environment for future generations.

Article 19. (Right and Obligation to Education)
All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
(2) All people shall be obligated to have all children under their protection receive fundamental education as provided for by law. Education in public institutions shall be free.

Article 20. (Right and Obligation to Work, Standards of Working Conditions, Prohibition on Exploitation of Children)
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 21. (Right of Workers to Organize)
The right of workers to organize and to bargain and act collectively is guaranteed.

Article 22. (The Right to Own or Hold Property)
The right to own or to hold property is inviolable.
(2) Property rights shall be defined by law, in conformity with the public interest.
(3) Private property may be taken for public use upon appropriate compensation therefor.⁴

Article 23. (Obligation to Pay Tax)
The people and all residents of Japan shall be liable to taxation as provided by law.⁵

Article 24. (Essence of Public Service, Right to Choose and Dismiss Public Officials, Security of Elections and Secrecy of the Vote)
All public officials are servants of the whole community and not of any group thereof.
(2) The people have the inalienable right to choose their public officials and to dismiss them.
(3) Universal adult suffrage is guaranteed with regard to the election of public officials in categories provided for in the Constitution and in law.⁶
(4) Secrecy of the ballot in elections shall not be violated. A voter shall not be answerable, publicly or privately, for the choice they have made.

Article 25. (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 26. (Duty of State and Public Entities to Provide Redress)
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 27. (Guarantee of Legal Procedures)⁷
No person shall be disadvantageously punished, nor shall any other criminal penalty be imposed, except according to procedure established by law.

Article 28. (Right of Access to the Courts)
Every person shall have the right of access to the courts.⁸

Article 29. (Conditions of Arrest)
No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.

Article 30. (Conditions of Arrest and Detention)
(1) No person shall be arrested or detained without being at once informed of the charges against them or without the immediate privilege of counsel.
(2) No person shall 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 31. (Inviolability of Residence)⁹
No person, except as provided by Article 29, and except upon warrant issued by a judicial officer for adequate cause, shall have their homes, papers and effects entered, searched and seized.
(2) Each search or seizure must be made upon separate warrant describing the place to be searched and things to be seized.

Article 32. (Prohibition on Torture and Cruel Punishment)¹⁰
Torture and cruel punishments are forbidden.

Article 33. (Rights of the Accused in Criminal Cases)¹¹
In all criminal cases the accused shall enjoy the right to a speedy and public trial by 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 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 on their behalf by the courts.

Article 34. (Testifying Against Oneself, Evidentiary Capacity of Confession)
No person shall be compelled to testify against himself.
(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 him is his own confession.

Article 35. (Prohibition on Retrospective 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 he has been acquitted, nor shall he be placed in double jeopardy.

Article 36. (Criminal Redress)
Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law.

Chapter III. The Emperor¹²

Article 37. (Status of the Emperor)¹³
The Emperor shall represent Japan as the head of the State; they shall express the permanence of Japan and be the symbol of the unity of the people and the State.

Article 38. (Inheritance of the Imperial Throne)
The Imperial Throne, in accordance with the Imperial House Law passed by the Diet, shall be succeeded to dynastically.

Article 39. (The Advice and Approval of the Prime Minister for Imperial Acts of State)¹⁴
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 40.  (Limits of the Emperor’s Power, Delegation of Imperial Acts of State, Regency)¹⁵
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 establish a Regency in accordance with the Imperial House Law and delegate the performance of their acts in matters of state.
(3) The Regent shall perform their acts in matters of state in the Emperor's name based on paragraph two of this article.

Article 41. (Appointment Powers of the Emperor)¹⁶
The Emperor shall appoint the Chair of the House of Representatives of the People and the Chair of the House of Representatives of the Provinces as designated by the Diet.
(2) The Emperor shall appoint the Prime Minister and the Deputy Prime Minister based on the designation of the people with voting status through direct election.  
(3) The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Prime Minister and approved by the Diet.

Article 42. (Imperial Acts of State)¹⁷
The Emperor shall perform the following acts in matters of state:
1. Promulgation of treaties, amendments of the constitution, laws and cabinet orders.
2. Issuance of imperial edict for the convocation of the Diet.
3. Issuance of imperial edict for the dissolution of the House of the Representatives of the People.
4. Proclamation of ordinary election of members of the House of Representatives of the People and of the House of Representatives of the Provinces.
5. Proclamation of the designation of the Prime Minister and the Deputy Prime Minister by direct election of the people.
6. Attestation of the appointment and dismissal of Ministers of State and other public officials as provided for by law, issuance of full powers and credentials to diplomatic envoys, and attestation of Ambassadors and Ministers.
7. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
8. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
9. Attestation of the awarding of honors.
10. Receiving foreign ambassadors and ministers.
11. Receiving guests of state.
12. Encouragement of the arts and culture.
13. Performance of ceremonial functions.

Chapter IV. The Diet

Article 43. (Legislative Powers of the Diet)
The Diet shall wield legislative power over the following matters: national defense, foreign relations, commerce, external economic cooperation, currency and the monetary system, finance, national taxation, customs, borrowing of funds, pensions, medical insurance, unemployment insurance, protection of cultural property, border control, naturalization, national courts, national prosecution, prisons, criminal law, maintenance of security, traffic, maritime affairs, airspace, quarantines, patents, copyright, advanced basic research, studies of national statistics, weights and measures, and all other national standards and specifications.
(2) All matters not specified in the preceding paragraph and in Article 94 shall reside under the jurisdiction of the Diet.

Article 44. (Bicameralism)
The Diet shall consist of two Houses, namely the House of Representatives of the People and of the House of Representatives of the Provinces.

Article 45. (Organization of Both Houses)
The House of Representatives of the People shall consist of elected members, representative of all the people.
(2) The House of Representatives of the Provinces shall consist of elected members, representative of all the provinces. However, the same number of members shall be elected from each province.
(3) The number of members of each House, electoral districts, eligibility of voters, method of voting and other matters pertaining to the election of members of both Houses shall be fixed by law.

Article 46. (Term of Office and Retirement for Members of the Diet)
The term of office of members of the House of Representatives of the People shall be four years. However, the term shall be terminated before the full term is up in case the House of Representatives of the People is dissolved.
(2) The term of office of members of the House of Representatives of the Provinces shall be six years, and election for half the members shall take place every three years.
The age of compulsory retirement of members of both Houses shall be fixed by law.

Article 47. (Prohibition on Joint Office)
No person shall be permitted to be a member of more than two public organs, regardless of whether these are organs of the State or of local public entities.
(2) Members of the Diet may not hold office in any executive or judicial organ for the duration of their term, regardless of whether these are organs of the State or of local public entities.

Article 48. (Remuneration of Diet Members)
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.

Article 49. (Privilege of Immunity of Arrest for Diet 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 50. (Responsibility for Speech and Voting of Diet Members)
Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.

Article 51. (Selection of Officials, 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, two-thirds or more of those members present must pass a resolution thereon.

Article 52. (Disputes on Members’ Qualifications)
Each House shall judge disputes related to qualifications of its members. However, in order to deny a seat to any member, it is necessary to pass a resolution by two-thirds or more of the members present.

Article 53. (Ordinary Sessions)
An ordinary session of the Diet shall be convoked once per year.

Article 54. (Extraordinary Sessions)¹⁸
The Prime Minister may determine to convoke extraordinary sessions of the Diet. Moreover, when a quarter or more of the presiding officer and current members of either House makes the demand, the Prime Minister must determine on such convocation.

Article 55. (Convocation of Diet Following Dissolution of House of Representatives of the People)¹⁹
When the House of Representatives of the People is dissolved, there must be a general election of members of the House of Representatives of the People within fifty (50) days from the date of dissolution, and the Diet must be convoked by the Prime Minister within twenty (20) days from the date of the election.
(2) When the House of Representatives of the People is dissolved, the House of Representatives of the Provinces is closed at the same time. However, the Prime Minister and the presidents of the provincial assemblies may in time of national emergency convoke the House of Representatives of the Provinces in emergency session.
(3) Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall lose effect unless agreed to by the House of Representatives of the People within a period of ten (10) days after the opening of the next session of the Diet.

Article 56. (Fixed Number of Members for Voting)
Business cannot be transacted in either House unless one-third or more of its 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 57. (Public Deliberation, Records of Proceedings, Minutes of Votes)²⁰
Deliberation in each House shall be public. However, a secret session may be held where two-thirds or more of those members present passes a resolution therefor.
(2) Each House shall keep a record of proceedings, which shall be published and given general circulation. However, the publication of proceedings of secret sessions shall be determined by law.
(3) The votes of members on any matter shall be recorded in the minutes.

Article 58. (Passage of Bills, Priority of House of Representatives of the People)
A bill becomes a law on passage by both Houses, except as otherwise provided by this Constitution.
(2) A bill which is passed by the House of Representatives of the People, and upon which the House of Representatives of the Provinces makes a decision different from that of the House of Representatives of the People, becomes a law when passed a second time by the House of Representatives of the People by two-thirds or more of the members present.
(3) The provision of the preceding paragraph does not preclude the House of Representatives of the People from calling for the meeting of a joint committee of both Houses, provided for by law.
(4) Failure by either House to take final action within thirty (30) days after receipt of a bill passed by the other House, time in recess excepted, may be determined to constitute a rejection of the said bill.

Article 59. (Prior Submission of Budget to House of Representatives of the People; Priority of House of Representatives of the People in Voting on Budget)
The budget must first be submitted to the House of Representatives of the People.
(2) Upon consideration of the budget, when the House of Representatives of the Provinces makes a decision different from that of the House of Representatives of the People, a joint committee of both Houses shall be established. Should no agreement be reached, or in the case of failure by the House of Representatives of the Provinces 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 of the People, the decision of the House of Representatives of the People shall be the decision of the Diet.

Article 60. (Priority of House of Representatives of the People in Approving Treaties)
The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.

Article 61. (Right of Both Houses to Investigate Government)
Each House may conduct investigations into government, and may demand the presence and testimony of witnesses, and the production of records.

Article 62. (Attendance of Diet Sessions by Cabinet Members as Right and Obligation)²¹
The Prime Minister, the Deputy Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills. Moreover, they must appear when their presence is required in order to give answers or explanations.

Article 63. (Impeachment Court)
The Diet shall set up an impeachment court from among the members of both Houses for the purpose of trying those judges of the courts of the State against whom removal proceedings have been instituted.
(2) Matters relating to impeachment shall be provided by law.

Chapter V. The Prime Minister and the Cabinet

Article 64. (Executive Power of the State)²²
The Prime Minister shall wield executive power over the legislative power of the Diet and related matters.

Article 65. (Designation and Term of Office of Prime Minister and Deputy Prime Minister)
The Prime Minister and the Deputy Prime Minister shall be designated by the people with voting status through direct election.  
(2) The term of office for the Prime Minister and the Deputy Prime Minister shall be four years, with a maximum of two terms on re-election. However, the term shall be terminated before the full term is up in case the House of Representatives of the People is dissolved and in case of a non-confidence resolution.
(3) The Prime Minister and the Deputy Prime Minister must be civilians. Moreover, their other qualifications for candidacy, the status of voters, method of voting and all other matters related to the vote shall be fixed by law.

Article 66. (Appointment and Removal of Ministers of State; The Cabinet)
The Prime Minister shall appoint the Ministers of States.
(2) The Ministers of State must be civilians.
(3) The Cabinet shall consist of the Prime Minister, the Deputy Prime Minister, and the Ministers of State.
(4) The Prime Minister may remove the Ministers of State as he chooses.

Article 67. (Prohibitions on Joint Office for Prime Minister, Deputy Prime Minister, and Ministers of State)
The Prime Minister, the Deputy Prime Minister and the Ministers of State may not jointly hold office as judges and as public officials in local public entities.
(2) The Prime Minister, the Deputy Prime Minister and the Ministers of State may not hold positions in a for-profit entity, or manage any such entity themselves. Moreover, they may not be remunerated for holding any other position.

Article 68. (Remuneration of Prime Minister, Deputy Prime Minister, and Ministers of State)
The Prime Minister, the Deputy Prime Minister, and the Ministers of State shall receive, at regular stated intervals, adequate compensation for their offices as provided for by law.

Article 69. (Non-Confidence Resolution of Prime Minster and Dissolution of House of Representatives of the People)
The Prime Minister, along with the Deputy Prime Minister and the Ministers of State, must resign in case two-thirds or more of sitting members of the House of Representatives of the People passes a non-confidence resolution against them. Moreover, in such case, the House of Representatives of the People shall be dissolved.

Article 70. (Dissolution of House of Representatives of the People by Prime Minister, Resignation of Cabinet)
The Prime Minister may dissolve the House of Representatives of the People. Moreover, in such case, the Prime Minister, along with the Deputy Prime Minister and the Ministers of State, must resign.

Article 71. (Non-Confidence Resolution by National Referendum on Prime Minister)
The Prime Minister, where initiated by one-tenth of the people with voting status, must undergo a vote of confidence. In case of a majority of valid votes of non-confidence, the Prime Minister, the Deputy Prime Minister and the Ministers of State must resign.

Article 72. (Resignation of Prime Minister and Roll-Call Vote)
A national referendum to designate the Prime Minister and the Deputy Prime Minister must be carried out within fifty (50) days of the resignation of the Prime Minister.

Article 73. (Cabinet After Resignation of Prime Minister)
The Cabinet shall continue carrying out their official functions when the Prime Minister resigns until the appointment of a new Prime Minister.

Article 74. (Acting Representative of Prime Minister)
In case the Prime Minister is incapacitated in their ability to wield their power and fulfill their obligations, the Deputy Prime Minister shall carry out the functions of the Prime Minister for the remainder of the Prime Minister’s term of office.
(2) In case the Prime Minister and the Deputy Prime Minister are incapacitated in their ability to wield their power and fulfill their obligations, the Chair of the House of Representatives of the People shall carry out their functions. However, in such case, a national referendum to designate the Prime Minister and the Deputy Prime Minister must be carried out within fifty (50) days.

Article 75. (Functions of Prime Minister and Cabinet)
The Prime Minister shall convoke the Diet.
(2) The Prime Minister shall submit bills and budget bills to the Diet, and further report to the Diet on general national affairs and foreign relations.
(3) The Prime Minister shall exercise control and supervision over the Cabinet and bear final responsibility therefor.
(4) The Prime Minister shall conclude treaties. However, the prior or subsequent approval of the Diet must be obtained.
(5) The Cabinet, in addition to other general administrative functions, shall perform the following functions:
1. Administer the law faithfully; manage affairs of state.
2. Manage foreign affairs.
3. Supervise public officials, in accordance with standards established by law.
4. Enact cabinet orders in order to execute the provisions of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law.
5. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.

Article 76. (Signature of Laws and Cabinet Orders)²³
The Prime Minister must sign all laws passed by the Diet.
(2) Cabinet orders shall require the signature of the Prime Minister.

Article 77. (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.

Chapter VI. National Security

Article 78. (Repudiation of Wars of Aggression)
Japan shall never engage in a war of aggression or approve of a war of aggression by another country.

Article 79. (Possession of National Armed Forces)
Japan may possess national armed forces to protect its own independence and sovereignty, and to contribute to the peace of international society.

Article 80. (Supreme Command of National Armed Forces)
The Prime Minister shall wield supreme command over the national armed forces.

Article 81. (Diet Approval of National Armed Forces)
The military capacity, composition and budget of the national armed forces must receive the approval of the Diet.
(2) The mobilization and dispatch of the national armed forces must, prior to or within five days, receive the approval of the Diet.

Article 82. (Establishment of Military Court)
Trials on matters relating to the missions of the national armed forces shall be conducted by a special court that is a military court. However, this court shall not be given final judicial power.

Article 83. (Declaration of State of Emergency)
The Prime Minister, in such case where the sovereignty of Japan and the safety of its people are facing significant threat, may declare a state of emergency, based in law, and may directly issue instructions and orders to all the executive organs of the State and the local public entities.
(2) Within three days of the declaration of a state of emergency, the approval of the Diet must be obtained.
(3) The Prime Minister may recall a declaration of a state of emergency. Moreover, the Diet may declare a recall of a declaration of a state of emergency regardless of a declaration by the Prime Minister.
(4) All instructions and orders issued by the Prime Minister under a state of emergency are void with the recall of a state of emergency.
(5) The House of Representatives of the People may not be dissolved during a declaration of a state of emergency.

Chapter VII. National Finances

Article 84. (Management of State Finances and Basic Principles)²⁴
National finances shall be based on the determination of the Diet and exercised by the Prime Minister, who shall be responsible therefor.
(2) The Diet and the Prime Minister must endeavor to manage national finances effectively and sustainably.

Article 85. (National Taxation)²⁵
No new taxes shall be imposed or existing ones modified except by national law or under such conditions as national law may prescribe.

Article 86. (National Expenditure and National Debt Burden)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.

Article 87. (National Budget Bills and Diet Resolution)²⁶
The Prime Minister shall prepare and submit to the Diet for its consideration and decision a budget bill for each fiscal year, and in such special case as necessary a budget bill for continuing expenditure over multiple fiscal years.

Article 88. (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 Prime Minister.
(2) The Prime Minister must obtain the subsequent approval of the Diet for all payments from the reserve fund.

Article 89. (Imperial Household Property and Expenditure)
All property of the Imperial Household shall belong to the State. All expenses of the Imperial Household shall be appropriated by the Diet in the draft budget.

Article 90. (Expenditure of Public Funds and Limits on Use of Public Resources)
No public money shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable, educational or benevolent enterprise not under the control of public authority.
(2) Public property, if handled through procedures fixed by law, may be used provided they do not contravene public welfare.

Article 91. (Reports on Financial Situation)
At regular intervals and at least annually the Prime Minister shall report to the Diet and the people on the state of national revenue and expenditure, as well as income and debt.

Article 92. (Board of Audit, Audit of Accounts, Advice by Diet)
A Board of Audit under the jurisdiction of the Diet shall be set up to audit the state of management of national finances.
(2) The Board of Audit shall annually audit all final accounts prepared by the Prime Minister of national revenue and expenditure, as well as income and debt, for submission to the Diet.
(3) The Diet, based on the statement of audit by the Board of Audit, may advise the Prime Minister on measures of improvement where it determines the necessity thereof.

Chapter VIII. Regional Sovereignty

Article 93. (Establishment of Provinces)
The provinces shall be established as broad-based local public entities.

Article 94. (Power of Provinces)
The provinces shall wield the power to legislate, execute and maintain the following matters within provincial jurisdiction:
Taxation, borrowing on credit, police, courts, audits, river management, roads, communications; the infrastructure and maintenance of aviation, port, and agriculture facilities; water and sewage, collection and disposal of industrial waste, forestry, disaster relief, medical insurance, energy development, occupational security, employment and labor unions; the welfare of society, children, and elderly; facilities for social work, firefighting, emergency rescue; prevention of infectious disease, maintenance of living environment, medical provision; basic, secondary and tertiary education, kindergartens, libraries, parks, urban planning, streets, residences, pollution measures, and ledgers of residential household registers.

Article 95. (Provincial Assemblies and Provincial Governors)
The provinces shall establish a provincial assembly, headed by a governor as chief officer, as the legislative organ for their region.
(2) The provincial councils and the provincial governor shall be directly elected by the residents of each province.
(3) The provinces shall enact provincial laws that provide for the powers of the provincial council and the provincial governor.

Article 96. (Establishment of Cities and Power of Cities)
The provinces shall establish cities as a basic local public entity.
(2) When establishing a city, the provinces shall enact provincial laws that provide for the powers of the province and the city for the purpose of promoting self-government within the province.
(3) The cities may enact necessary ordinances, based on provincial law, for the purpose of fulfilling their municipal functions.

Article 97. (Financial Coordination Between Provinces)
In case a significant imbalance occurs between the economic capacities of the provinces, a financial coordination assembly consisting of all the provincial governors may coordinate provincial finances therefor.

Chapter IX. The Courts

Article 98. (Judicial Power, Courts, Extraordinary Tribunals)²⁷
The whole judicial power is vested in a Supreme Court, in such inferior courts as are established by law, and in such courts as are established by provincial law.
(2) No extraordinary tribunal shall be established except where so provided by this Constitution. No organ or agency of the Executive shall be given final judicial power.

Article 99. (Supreme Court and Power of Legal Determination)
The Supreme Court is the court of last resort with power to determine the constitutionality of any treaty, law, order, regulation or official act.

Article 100. (Powers of the Supreme Court)²⁸
The Supreme Court shall have jurisdiction over the following matters:
1. Judging the constitutionality of treaties, laws, ordinances, regulations and punishments, where so applied for by the Prime Minister or of one-third or more of all members of the House of Representatives of the People or the House of Representatives of the Provinces.
2. Judging the constitutionality of items in a specific legal case, when so requested by the inferior courts or the courts of the provinces.
3. Judging a dissenting opinion when a party in a specific legal case objects to constitutional judgments made by the inferior courts or the courts of the provinces.
4. Being the court of last resort for trials involving the laws and ordinances of the State, and trials involving multiple provinces.

Article 101. (Effect of Supreme Court Rulings)
When the Supreme Court rules on the constitutionality of a case, its ruling is thereafter binding on all organs of the State and the local public entities.

Article 102. (Supreme Court Judges, Retirement, Remuneration)²⁹
The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law. Half of all such judges excepting the Chief Judge shall be designated by the House of Representatives of the People and the other half shall be designated by the House of Representatives of the Provinces; all such judges shall be appointed by the Prime Minister.
(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 103. (Review by the People)³⁰
The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives of the People following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives of the Provinces after a lapse of six years.
(2) In cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed.
(3) Matters pertaining to review shall be prescribed by law.

Article 104. (Inferior Court Judges, Term of Office, Retirement, Remuneration)³¹
The judges of the inferior courts shall be appointed by the Chief Judge of the Supreme Court.
(2) All such judges shall hold office for a term of ten (10) years with privilege of reappointment. However, they shall be retired upon the attainment of the age as fixed by law.
(3) 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 105. (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 rules established pursuant to the preceding paragraph.
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.

Article 106. (Courts of the Provinces and Legal Status of Provincial Judges)
The courts of the provinces shall carry out trials related to legal cases involving the laws and ordinances of the provinces.
(2) The legal system of the provinces and the legal status of judges therein shall be prescribed by the laws of each province.

Article 107. (Independence of Judges, Guarantee of Status)³²
All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the law.
(2) No judge shall be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform their official duties. No disciplinary action against judges shall be administered by any executive organ or agency.

Article 108. (Public Access to Trials)³³
Trials shall be conducted and judgment declared publicly.
(2) Where the majority of presiding judges on a court determines publicity to be dangerous to public order, morals, or the personal life of a party to a legal case, a trial may be conducted privately.

Chapter X. Amendments

Article 109. (Procedure for Amendments and Promulgation)
Amendments to this Constitution shall be passed through a concurring vote of two-thirds or more of all the members of each House of the Diet.
(2) The initiation of amendments to this Constitution shall require the concurring vote of one-quarter or more of all the sitting members of each House. Moreover, the Prime Minister may initiate an amendment to this Constitution regardless of the concurrence of the Diet.
Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people.