The Project Gutenberg eBook of The Constitution of Japan, 1946, by Japan

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THE CONSTITUTION OF JAPAN,toy xylophones for 11 year olds under 30 dollars 1946

Promulgated on November 3, 1946; Put into effect on May 3, 1947.

We, the Japanese people, acting through our duly electedrepresentatives in the National Diet, determined that we shallsecure for ourselves and our posterity the fruits of peacefulcooperation with all nations and the blessings of libertythroughout this land, and resolved that never again shall we bevisited with the horrors of war through the action of government,do proclaim that sovereign power resides with the people and dofirmly establish this Constitution. Government is a sacred trustof the people, the authority for which is derived from thepeople, the powers of which are exercised by the representativesof the people, and the benefits of which are enjoyed by thepeople. This is a universal principle of mankind upon which thisConstitution is founded. We reject and revoke all constitutions,laws, ordinances, and rescripts in conflict herewith.

We, the Japanese people, desire peace for all time and aredeeply conscious of the high ideals controlling humanrelationship, and we have determined to preserve our security andexistence, trusting in the justice and faith of the peace-lovingpeoples of the world. We desire to occupy an honored place in aninternational society striving for the preservation of peace, andthe banishment of tyranny and slavery, oppression and intolerancefor all time from the earth. We recognize that all peoples of theworld have the right to live in peace, free from fear and want.

We believe that no nation is responsible to itself alone,but that laws of political morality are universal; and thatobedience to such laws is incumbent upon all nations who wouldsustain their own sovereignty and justify their sovereignrelationship with other nations.

We, the Japanese people, pledge our national honor toaccomplish these high ideals and purposes with all our resources.

CHAPTER I. THE EMPEROR

Article 1. The Emperor shall be the symbol of the State andof the unity of the people, deriving his position from the willof the people with whom resides sovereign power.

Article 2. The Imperial Throne shall be dynastic andsucceeded to in accordance with the Imperial House law passed bythe Diet.

Article 3. The advice and approval of the Cabinet shall berequired for all acts of the Emperor in matters of state, and theCabinet shall be responsible therefor.

Article 4. The Emperor shall perform only such acts inmatters of state as are provided for in this Constitution and heshall not have powers related to government

(2) The Emperor may delegate the performance of his acts inmatters of state as may be provided by law.

Article 5. When, in accordance with the Imperial House law,a Regency is established, the Regent shall perform his acts inmatter of state in the Emperor's name. In this case, paragraphone of the article will be applicable.

     Article 6. The Emperor shall appoint the Prime Minister as
designated by the Diet.

     (2) The Emperor shall appoint the Chief Judge of the Supreme
Court as designated by the Cabinet.

Article 7. The Emperor, with the advice and approval of theCabinet, shall perform the following acts in makers of state onbehalf of the people:

(i) Promulgation of amendments of the constitution, laws, cabinet orders and treaties;

(ii) Convocation of the Diet;

(iii) Dissolution of the House of Representatives;

(iv) Proclamation of general election of members of the Diet;

(v) 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;

(vi) Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights;

(vii) Awarding of honors;

(viii) Attestation of instruments of ratification and other diplomatic documents as provided for by law;

(ix) Receiving foreign ambassadors and ministers;

(x) Performance of ceremonial functions.

Article 8. No property can be given to, or received by, theImperial House, nor can any gifts be made therefrom, without theauthorization of the Diet.

CHAPTER II. RENUNCIATION OF WAR

Article 9. Aspiring sincerely to an international peacebased on justice and order, the Japanese people forever renouncewar as a sovereign right of the nation and the threat or use offorce as a mean of settling international disputes.

(2) In order to accomplish the aim of the precedingparagraph, land, sea, and air forces, as well as other warpotential, will never be maintained. The right of belligerency ofthe state will not be recognized.

CHAPTER III. RIGHTS AND DUTIES OF THE PEOPLE

Article 10. The conditions necessary for being a Japanesenational shall be determined by law.

Article 11. The people shall not be prevented from enjoyingany of the fundamental human rights. These fundamental humanrights guaranteed to the people by this Constitution shall beconferred upon the people of this and future generations aseternal and inviolate rights.

Article 12. The freedoms and rights guaranteed to the peopleby this Constitution shall be maintained by the constant endeavorof the people, who shall refrain from any abuse of these freedomsand rights and shall always be responsible for utilizing them forthe public welfare.

Article 13. All of the people shall be respected asindividuals. Their right to life, liberty, and the pursuit ofhappiness shall, to the extent that it does not interfere withthe public welfare, be the supreme consideration in legislationand in other governmental affairs.

Article 14. All of the people are equal under the law andthere shall be no discrimination in political, economic or socialrelations because of race, creed, sex, social status or familyorigin.

(2) Peers and peerage shall not be recognized.

(3) No privilege shall accompany any award of honor,decoration or any distinction, nor shall any such award be validbeyond the lifetime of the individual who now holds or hereaftermay receive it.

     Article 15. 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 beviolated. A voter shall not be answerable, publicly or privately,for the choice he has made.

Article 16. Every person shall have the right of peacefulpetition for the redress of damage, for the removal of publicofficials, for the enactment, repeal or amendment of law,ordinances or regulations and for other matters, nor shall anyperson be in any way discriminated against sponsoring such apetition.

Article 17. Every person may sue for redress as provided bylaw from the State or a public entity, in case he has suffereddamage through illegal act of any public official.

Article 18. No person shall be held in bondage of any kind.Involuntary servitude, except as punishment for crime, isprohibited.

Article 19. Freedom of thought and conscience shall not beviolated.

Article 20. Freedom of religion is guaranteed to all. Noreligious organization shall receive any privileges from theState nor exercise any political authority.

     (2) No person shall be compelled to take part in any
religious acts, celebration, rite or practice.

     (3) The state and its organs shall refrain from religious
education or any other religious activity.

     Article 21. 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 22. Every person shall have freedom to choose andchange his residence and to choose his occupation to the extentthat it does not interfere with the public welfare.

(2) Freedom of all persons to move to a foreign country andto divest themselves of their nationality shall be inviolate.

Article 23. Academic freedom is guaranteed.

Article 24. Marriage shall be based only on the mutualconsent of both sexes and it shall be maintained through mutualcooperation with the equal rights of husband and wife as a basis.

(2) With regard to choice of spouse, property rights,inheritance, choice of domicile, divorce and other matterspertaining to marriage and the family, laws shall be enacted fromthe standpoint of individual dignity and the essential equalityof the sexes.

Article 25. All people shall have the right to maintain theminimum standards of wholesome and cultured living.

(2) In all spheres of life, the State shall use itsendeavors for the promotion and extension of social welfare andsecurity, and of public health.

Article 26. All people shall have the right to receive anequal education correspondent to their ability, as provided bylaw.

(2) All people shall be obligated to have all boys and girlsunder their protection receive ordinary educations as providedfor by law. Such compulsory education shall be free.

     Article 27. All people shall have the right and the
obligation to work.

     (2) Standards for wages, hours, rest and other working
conditions shall be fixed by law.

(3) Children shall not be exploited.

     Article 28. The right of workers to organize and to bargain
and act collectively is guaranteed.

     Article 29. 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 30. The people shall be liable to taxations as
provided by law.

Article 31. No person shall be deprived of life or liberty,nor shall any other criminal penalty be imposed, except accordingto procedure established by law.

Article 32. No person shall be denied the right of access tothe courts.

Article 33. No person shall be apprehended except uponwarrant issued by a competent judicial officer which specifiesthe offense with which the person is charged, unless he isapprehended, the offense being committed.

Article 34. No person shall be arrested or detained withoutbeing at once informed of the charges against him or without theimmediate privilege of counsel; nor shall he be detained withoutadequate cause; and upon demand of any person such cause must beimmediately shown in open court in his presence and the presenceof his counsel.

Article 35. The right of all persons to be secure in theirhomes, papers and effects against entries, searches and seizuresshall not be impaired except upon warrant issued for adequatecause and particularly describing the place to be searched andthings to be seized, or except as provided by Article 33.

     (2) Each search or seizure shall be made upon separate
warrant Issued by a competent judicial officer.

     Article 36. The infliction of torture by any public officer
and cruel punishments are absolutely forbidden.

     Article 39. In all criminal cases the accused shall enjoy
the right to a speedy and public trial by an impartial tribunal.

(2) He shall be permitted full opportunity to examine allwitnesses, and he shall have the right of compulsory process forobtaining witnesses on his behalf at public expense.

(3) At all times the accused shall have the assistance ofcompetent counsel who shall, if the accused is unable to securethe same by his own efforts, be assigned to his use by the State.

Article 38. No person shall be compelled to testify againsthimself.

(2) Confession made under compulsion, torture or threat, orafter prolonged arrest or detention shall not be admitted inevidence.

(3) No person shall be convicted or punished in cases wherethe only proof against him is his own confession.

Article 39. No person shall be held criminally liable for anact which was lawful at the time it was committed, or of which hehas been acquitted, nor shall he be placed in double jeopardy.

Article 40. Any person, in case he is acquitted after he hasbeen arrested or detained, may sue the State for redress asprovided by law.

CHAPTER IV. THE DIET

     Article 41. The Diet shall be the highest organ of state
power, and shall be the sole law-making organ of the State.

     Article 42. The Diet shall consist of two Houses, namely the
House of Representatives and the House of Councillors.

     Article 43. Both Houses shall consist of elected members,
representative of all the people.

     (2) The number of the members of each House shall be fixed
by law.

Article 44. The qualifications of members of both Houses andtheir electors shall be fixed by law. However, there shall be nodiscrimination because of race, creed, sex, social status, familyorigin, education, property or income.

     Article 45. The term of office of members of the House of
Representatives shall be four years. However, the term shall be
terminated before the full term is up in case the House of
Representatives is dissolved.

Article 46. The term of office of members of the House ofCouncillors shall be six years, and election for half the membersshall take place every three years.

Article 47. Electoral districts, method of voting and othermatters pertaining to the method of election of members of bothHouses shall be fixed by law.

     Article 48. No person shall be permitted to be a member of
both Houses simultaneously.

     Article 49. Members of both Houses shall receive appropriate
annual payment from the national treasury in accordance with law.

Article 50. Except in cases provided by law, members of bothHouses shall be exempt from apprehension while the Diet is insession, and any members apprehended before the opening of thesession shall be freed during the term of the session upon demandof the House.

Article 51. Members of both Houses shall not be held liableoutside the House for speeches, debates or votes cast inside theHouse.

Article 52. An ordinary session of the Diet shall beconvoked once per year.

Article 53. The Cabinet may determine to convokeextraordinary sessions of the Diet. When a quarter or more of thetotal members of either house makes the demand, the Cabinet mustdetermine on such convocation.

Article 54. When the House of Representatives is dissolved,there must be a general election of members of the House ofRepresentatives within forty (40) days from the date ofdissolution, 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
Cabinet may in time of national emergency convoke the House of
Councillors in emergency session.

(3) Measures taken at such session as mentioned in theproviso of the preceding paragraph shall be provisional and shallbecome null and void unless agreed to by the House ofRepresentatives within a period of ten (10) days after theopening of the next session of the Diet.

Article 55. Each House shall judge disputes related toqualifications of its members. However, in order to deny a seatto any member, it is necessary to pass a resolution by a majorityof two-thirds or more of the members present.

Article 56. Business cannot be transacted in either Houseunless one third or more of total membership is present.

(2) All matters shall be decided, in each House, by amajority of those present, except as elsewhere provided in theConstitution, and in case of a tie, the presiding officer shalldecide the issue.

Article 57. Deliberation in each House shall be public.However, a secret meeting may be held where a majority oftwo-thirds or more of those members present passes a resolutiontherefor.

(2) Each House shall keep a record of proceedings. Thisrecord shall be published and given general circulation,excepting such parts of proceedings of secret session as may bedeemed to require secrecy.

(3) Upon demand of one-fifth or more of the members present,votes of the members on any matter shall be recorded in theminutes.

Article 58. Each house shall select its own president andother officials.

(2) Each House shall establish its rules pertaining tomeetings, proceedings and internal discipline, and may punishmembers for disorderly conduct. However, in order to expel amember, a majority of two-thirds or more of those members presentmust pass a resolution thereon.

Article 59. 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 decisiondifferent from that of the House of Representatives, becomes alaw when passed a second time by the House of Representatives bya majority of two-thirds or more of the members present.

(3) The provision of the preceding paragraph does notpreclude the House of Representatives from calling for themeeting of a joint committee of both Houses, provided for by law.

(4) Failure by the House of Councillors to take final actionwithin sixty (60) days after receipt of a bill passed by theHouse of Representatives, time in recess excepted, may bedetermined by the House of Representatives to constitute arejection of the said bill by the House of Councillors.

Article 60. The Budget must first be submitted to the Houseof Representatives.

(2) Upon consideration of the budget, when the House ofCouncillors makes a decision different from that of the House ofRepresentatives, and when no agreement can be reached eventhrough a joint committee of both Houses, provided for by law, orin the case of failure by the House of Councillors to take finalaction within thirty (30) days, the period of recess excluded,after the receipt of the budget passed by the House ofRepresentatives, the decision of the House of Representativesshall be the decision of the Diet.

Article 61. The second paragraph of the preceding articleapplies also to the Diet approval required for the conclusion oftreaties.

Article 62. Each House may conduct investigations inrelation to government, and may demand the presence and testimonyof witnesses, and the production of records.

Article 63. The Prime Minister and other Ministers of Statemay, at any time, appear in either House for the purpose ofspeaking on bills, regardless of whether they are members of theHouse or not. They must appear when their presence is required inorder to give answers or explanations.

Article 64. The Diet shall set up an impeachment court fromamong the members of both Houses for the purpose of trying judgesagainst whom removal proceedings have been instituted.

(2) Matters relating to impeachment shall be provided by law.

CHAPTER V. THE CABINET

Article 65. Executive power shall be vested in the Cabinet.

Article 66. The Cabinet shall consist of the Prime Minister,who shall be its head, and other Ministers of State, as providedfor by law.

     (2) The Prime Minister and other Minister of State must be
civilians.

     (3) The Cabinet, in the exercise of executive power, shall
be collectively responsible to the Diet.

Article 67. The Prime Minister shall be designated fromamong the members of the Diet by a resolution of the Diet. Thisdesignation shall precede all other business.

(2) If the House of Representatives and the House ofCouncillors disagrees and if no agreement can be reached eventhrough a joint committee of both Houses, provided for by law, orthe House of Councillors fails to make designation within ten(10) days, exclusive of the period of recess, after the House ofRepresentatives has made designation, the decision of the Houseof Representatives shall be the decision of the Diet.

Article 68. The Prime Minister shall appoint the Ministersof State. However, a majority of their number must be chosen fromamong the members of the Diet.

(2) The Prime Minister may remove the Ministers of State ashe chooses.

Article 69. If the House of Representatives passes anon-confidence resolution, or rejects a confidence resolution,the Cabinet shall resign en masse, unless the House ofRepresentatives is dissolved with ten (10) days.

     Article 70. When there is a vacancy in the post of Prime
Minister, or upon the first convocation of the Diet after a
general election of members of the House of Representatives, the
Cabinet shall resign en masse.

Article 71. In the cases mentioned in the two precedingarticles, the Cabinet shall continue its functions until the timewhen a new Prime Minister is appointed.

Article 72. The Prime Minister, representing the Cabinet,submits bills, reports on general national affairs and foreignrelations to the Diet and exercises control and supervision overvarious administrative branches.

Article 73. The Cabinet, in addition to other generaladministrative functions, shall perform the following functions:

(i) Administer the law faithfully; conduct affairs of state;

(ii) Manage foreign affairs;

(iii) Conclude treaties. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet;

(iv) Administer the civil service, in accordance with standards established by law;

(v) Prepare the budget, and present it to the Diet;

(vi) 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.

(vii) Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.

Article 74. All laws and cabinet orders shall be signed bythe competent Minister of state and countersigned by the PrimeMinister.

Article 75. The Ministers of state, during their tenure ofoffice, shall not be subject to legal action without the consentof the Prime Minister. However, the right to take that action isnot impaired hereby.

CHAPTER VI. JUDICIARY

     Article 76. 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, norshall any organ or agency of the Executive be given finaljudicial power.

(3) All judges shall be independent in the exercise of theirconscience and shall be bound only by this Constitution and thelaws.

Article 77. The Supreme Court is vested with the rule-makingpower under which it determines the rules of procedure and ofpractice, and of matters relating to attorneys, the internaldiscipline of the courts and the administration of judicialaffairs.

     (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 78. Judges shall not be removed except by publicimpeachment unless judicially declared mentally or physicallyincompetent to perform official duties. No disciplinary actionagainst judges shall be administered by any executive organ oragency.

Article 79. The Supreme Court shall consist of a Chief Judgeand such number of judges as may be determined by law; all suchjudges excepting the Chief Judge shall be appointed by theCabinet.

(2) The appointment of the judges of the Supreme Court shallbe reviewed by the people at the first general election ofmembers of the House of Representatives following theirappointment, and shall be reviewed again at the first generalelection of members of the House of Representatives after a lapseof ten (10) years, and in the same manner thereafter.

(3) In cases mentioned in the foregoing paragraph, when themajority of the voters favors the dismissal of a judge, he shallbe dismissed.

(4) Matters pertaining to review shall be prescribed by law.

(5) The judges of the Supreme Court shall of retired uponthe attainment of the age as fixed by law.

(6) All such judges shall receive, at regular statedintervals, adequate compensation which shall not be decreasedduring their terms of office.

Article 80. The judges of the inferior courts shall beappointed by the Cabinet from a list of persons nominated by theSupreme Court. All such judges shall hold office for a term often (10) years with privilege of reappointment, provided thatthey shall be retired upon the attainment of the age as fixed bylaw.

(2) The judges of the inferior courts shall receive, atregular stated intervals, adequate compensation which shall notbe decreased during their terms of office.

Article 81. The Supreme Court is the court of last resortwith power to determine the constitutionality of any law, order,regulation or official act.

Article 82. Trials shall be conducted and judgment declaredpublicly.

(2) Where a court unanimously determines publicity to bedangerous to public order or morals, a trial may be conductedprivately, but trials of political offenses, offenses involvingthe press or cases wherein the rights of people as guaranteed inChapter III of this Constitution are in question shall always beconducted publicly.

CHAPTER VII. FINANCE

Article 83. The power to administer national finances shallbe exercised as the Diet shall determine.

Article 84. No new taxes shall be imposed or existing onesmodified except by law or under such conditions as law mayprescribe.

     Article 85. No money shall be expended, nor shall the State
obligate itself, except as authorized by the Diet.

     Article 86. Cabinet shall prepare and submit to the Diet for
its consideration and decision a budget for each fiscal year.

Article 87. In order to provide for unforeseen deficienciesin the budget, a reserve fund may be authorized by the Diet to beexpended upon the responsibility of the Cabinet.

(2) The Cabinet must get subsequent approval of the Diet forall payments from the reserve fund.

Article 88. All property of the Imperial Household shallbelong to the State. All expenses of the Imperial Household shallbe appropriated by the Diet in the budget.

Article 89. No public money or other property shall beexpended or appropriated for the use, benefit or maintenance ofany religious institution or association or for any charitable,educational benevolent enterprises not under the control ofpublic authority.

Article 90. Final accounts of the expenditures and revenuesof State shall be audited annually by a Board of Audit andsubmitted by the Cabinet to the Diet, together with the statementof audit, during the fiscal year immediately following the periodcovered.

(2) The organization and competency of the Board of Auditshall determined by law.

Article 91. At regular intervals and at least annually theCabinet shall report to the Diet and the people on the state ofnational finances.

CHAPTER VIII. LOCAL SELF-GOVERNMENT

Article 92. Regulations concerning organization andoperations of local public entities shall be fixed by law inaccordance with the principle of local autonomy.

Article 93. The local public entities shall establishassemblies as their deliberative organs, in accordance with law.

(2) The chief executive officers of all local publicentities, the members of their assemblies, and such other localofficials as may be determined by law shall be elected by directpopular vote within their several communities'

Article 94. Local entities shall have the right to managetheir property, affairs and administration and to enact their ownregulations within law.

Article 95. A special law, applicable to one local publicentity, cannot be enacted by the Diet without the consent of themajority of the voters of the local public entity concerned,obtained in accordance with law.

CHAPTER IX. AMENDMENTS

Article 96. Amendment to this Constitution shall beinitiated by the Diet, through a concurring vote of two-thirds ormore of all the members of each House and shall thereupon besubmitted to the people for ratification which shall require theaffirmative vote of a majority of all votes cast thereon, atspecial referendum or at such election as the Diet shall specify.

(2) Amendments when so ratified shall immediately bepromulgated by the Emperor in the name of the people, as anintegral part of this Constitution.

CHAPTER X. SUPREME LAW

Article 97. The fundamental human rights by thisConstitution guaranteed to the people of Japan are fruits of theage-old struggle of man to be free; they have survived the manyexacting tests for durability and are conferred upon this andfuture generations in trust, to be held for all time inviolate.

Article 98. This Constitution shall be the supreme law ofthe nation and no law, ordinance, imperial rescript or other actof government, or part thereof, contrary to the provisionshereof, shall have legal force or validity.

(2) The treaties concluded by Japan and established laws ofnations shall be faithfully observed.

Article 99. The Emperor or the Regent as well as Ministersof State, members of the Diet, judges, and all other publicofficials have the obligation to respect and uphold thisConstitution.

CHAPTER XI. SUPPLEMENTARY PROVISIONS

Article 100. This Constitution shall be enforced as from theday when the period of six months will have elapsed counting fromthe day of its promulgation.

(2) The enactment of laws necessary for the enforcement ofthis Constitution the election of members of the House ofCouncillors and the procedure for the convocation of the Diet andother preparatory procedures for the enforcement of thisConstitution may be executed before the day prescribed in thepreceding paragraph.

     Article 101. If the House of Councilors is not constituted
before the effective date of this Constitution, the House of
Representatives shall function as the Diet until such time as the
House of Councilors shall be constituted.

     Article 102. The term of office for half the members of the
House of Councillors serving in the first term under this
Constitution shall be three years. Members falling under this
category shall be determined in accordance with law.

Article 103. The Ministers of State, members of the House ofRepresentatives, and judges in office on the effective date ofthis Constitution, and all other public officials, who occupypositions corresponding to such positions as are recognized bythis Constitution shall not forfeit their positions automaticallyon account of the enforcement of this Constitution unlessotherwise specified by law. When, however, successors are electedor appointed under the provisions of this Constitution, theyshall forfeit their positions as a matter of course.

End of Project Gutenberg's The Constitution of Japan, 1946, by Japan

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