CREATING A VISION OF JAPAN
100 Actions Draft for a New Constitution
| Draft for a New Constitution (Proposed changes in red and underline for specific changes.) |
Current Constitution |
|---|---|
| We, the Japanese people, respect fundamental values such as democracy, liberty, the rule of law, and basic human rights. Since long ago, Japan has actively accepted the cultures of other countries, and built distinctive traditions and culture based on the protection of nature in all its beauty. It has recognized diverse values, and as a result of its enterprising disposition, has nurtured a “spirit of harmony,” which eschews arbitrariness in favor of respect for consensus, and the “spirit of the warrior,” which serves to contribute to society. We shall heavily promote education, science, and technology, and in accordance with capitalist and market principles, grow our economy and make an active contribution to the world in the areas of culture, education, science, technology, and economics. Both now and in the future, we wish to actively contribute to world peace and prosperity as pacifists. |
We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a universal principle of mankind upon which this Constitution 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 are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world. We desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world 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 that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations. We, the Japanese people, pledge our national honor to accomplish these high ideals and purposes with all our resources. |
| CHAPTER I. THE EMPEROR | CHAPTER I. THE EMPEROR |
| Article 1 (Status of the Emperor and Sovereignty of the People) | Article 1 (Status of the Emperor and Sovereignty of the People) |
| The Emperor shall be the head of the State and of the unity of the people, deriving his position from the will of the people with whom resides sovereign power. | The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power. |
| Article 2 (Dynasty of the Imperial Throne) | Article 2 (Dynasty of the Imperial Throne) |
| The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet. | The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet. |
| Article 3 (Advice, Approval, and Responsibility of the Cabinet) | Article 3 (Advice, Approval, and Responsibility of the Cabinet) |
| The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor. | The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor. |
| Article 4 (Powers of the Emperor and Delegation of the Execution of Powers) | Article 4 (Powers of the Emperor and Delegation of the Execution of Powers) |
| 1 The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government.。
2 The Emperor may delegate the performance of his acts in matters of state as may be provided by law. |
1 The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government.
2 The Emperor may delegate the performance of his acts in matters of state as may be provided by law. |
| Article 5 (Regency) | Article 5 (Regency) |
| When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform his acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable. | When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform his acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable. |
| Article 6 (Appointments by the Emperor) | Article 6 (Appointments by the Emperor) |
| 1 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. |
1 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 (Acts in Matters of State) | Article 7 (Acts in Matters of State) |
1 The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
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1 The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
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| Article 8 (Restrictions on Gifts of Property) | Article 8 (Restrictions on Gifts of Property) |
| No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without the authorization of the Diet. | No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without the authorization of the Diet. |
| CHAPTER II. NATIONAL SECURITY | CHAPTER II. RENUNCIATION OF WAR |
| Article 9 (Renunciation of War) | Article 9 (Renunciation of War) |
| 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. |
1 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. |
| (delete) | 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. |
| (New) Article 9.2 (Self-Defense Forces) | |
| 1 To exercise the right to self-defense and to preserve the peace and independence of the State and the safety of the people, self-defense forces shall be maintained.
2 The supreme commander of the self-defense-forces shall be the Prime Minister. |
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| (New) Article 9.3 (Contribution to International Peace) | |
| The self-defense forces shall actively participate in international peacekeeping operations to ensure the peace and stability of international society. | |
| (New) Article 9.4 (Duties of the Self-Defense Forces) | |
| 1 The self-defense forces shall protect the land, sea, and air and perform duties to secure the State’s resources.
2 The self-defense forces shall perform duties to protect Japanese nationals overseas in the event of an emergency occurring overseas. |
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| CHAPTER III. RIGHTS AND DUTIES OF THE PEOPLE | CHAPTER III. RIGHTS AND DUTIES OF THE PEOPLE |
| Article 10 (Conditions Necessary for Being a Japanese National) | Article 10 (Conditions Necessary for Being a Japanese National) |
| The conditions necessary for being a Japanese national shall be determined by law. | The conditions necessary for being a Japanese national shall be determined by law. |
| Article 11 (Fundamental Human Rights) | Article 11 (Fundamental Human Rights) |
| The people shall not be prevented from enjoying any of the fundamental human rights. 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. | The people shall not be prevented from enjoying any of the fundamental human rights. 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. |
| Article 12 (Duty to Maintain Freedoms and Rights and Public Welfare) | Article 12 (Duty to Maintain Freedoms and Rights and Public Welfare) |
| The freedoms and rights guaranteed to the people by this Constitution carry with them responsibilities and duties, and shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall not interfere with the protection of the security of the State, public order, and public health and morals. | 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 13 (Respect for the Individual and Public Order etc.) | Article 13 (Respect for the Individual and Public Order etc.) |
| 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 protection of the security of the State, public order, and public health and morals, be the supreme consideration in legislation and in other governmental affairs. | 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 welfare, be the supreme consideration in legislation and in other governmental affairs. |
| (New) Article 13.2 (Personal Rights) | |
| No personal rights pertaining to a person’s honor, trust, and likeness may be violated. | |
| (New) Article 13.3 (Rights of Victims of Crimes) | |
| The State shall consider the human rights of the victims of serious crimes and their families and shall take action to safeguard these rights. | |
| Article 14 (Principle of Equality, Denial of Peerage, and Limitations Concerning Awards) | Article 14 (Principle of Equality, Denial of Peerage, and Limitations Concerning Awards) |
| 1 All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
2 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 valid beyond the lifetime of the individual who now holds or hereafter may receive it. |
1 All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
2 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 valid beyond the lifetime of the individual who now holds or hereafter may receive it. |
| Article 15 (Right to Choose and Dismiss Public Officials, Identity of Public Officials, Guarantee of Suffrage, and Guarantee of Secrecy of Ballots) | Article 15 (Right to Choose and Dismiss Public Officials, Identity of Public Officials, Guarantee of Suffrage, and Guarantee of Secrecy of Ballots) |
| 1 The people have the inalienable right to choose their public officials and to dismiss them.
2 All public officials are servants of the whole community and not of any group thereof.
3 Universal adult suffrage is guaranteed with regard to the election of public officials.
4 In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made. |
1 The people have the inalienable right to choose their public officials and to dismiss them.
2 All public officials are servants of the whole community and not of any group thereof.
3 Universal adult suffrage is guaranteed with regard to the election of public officials.
4 In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made. |
| Article 16 (Right of Petition) | Article 16 (Right of 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. | 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 17 (Redress for Damage through Illegal Act of Public Officials) | Article 17 (Redress for Damage through Illegal Act of Public Officials) |
| 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. | 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 18 (Prohibition of Bondage and Servitude) | Article 18 (Prohibition of Bondage and Servitude) |
| No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited. | No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited. |
| Article 19 (Freedom of Thought and Conscience) | Article 19 (Freedom of Thought and Conscience) |
| Freedom of thought and conscience shall not be violated. | Freedom of thought and conscience shall not be violated. |
| Article 20 (Freedom of Religion) | Article 20 (Freedom of Religion) |
| 1 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 education or any other religious activity. |
1 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 education or any other religious activity. |
| Article 21 (Freedom of Assembly, Association, and Expression and Protection of Secrecy of Means of Communication) | Article 21 (Freedom of Assembly, Association, and Expression and Protection of Secrecy of Means of Communication) |
| 1 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. |
1 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. |
| (New) Article 21.2 (Right to Manage Personal Information) | |
| 1 Every person shall have the right to control his personal information. Illicitly obtaining, possessing, or using information about an individual shall not be permitted. 2 The State and local governments shall manage personal information in an appropriate manner. |
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| (New) Article 21.3 (Right to Demand Public Disclosure of Information) | |
| Citizens shall have the right to demand that the State publicly discloses information relating to national politics. | |
| Article 22 (Freedom to Choose and Change One’s Residence, to Choose One’s Occupation, to Move to a Foreign Country, and to Divest Oneself of One’s Nationality) | Article 22 (Freedom to Choose and Change One’s Residence, to Choose One’s Occupation, to Move to a Foreign Country, and to Divest Oneself of One’s Nationality) |
| 1 Every person shall have freedom to choose and change his residence and to choose his occupation.
2 Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate. |
1 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 welfare.
2 Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate. |
| Article 23 (Academic Freedom) | Article 23 (Academic Freedom) |
| Academic freedom is guaranteed. | Academic freedom is guaranteed. |
| Article 24 (Individual Dignity and Equality of the Sexes in Family Relationships) | Article 24 (Individual Dignity and Equality of the Sexes in Family Relationships) |
| 1 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.
2 With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes. |
1 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.
2 With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes. |
| Article 25 (Right to Life and Duty of the State to Endeavor to Deliver Social Progress in the Lives of Citizens) | Article 25 (Right to Life and Duty of the State to Endeavor to Deliver Social Progress in the Lives of Citizens) |
| 1 All people shall have the right to maintain the minimum standards of wholesome and cultured living.
2 In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health. |
1 All people shall have the right to maintain the minimum standards of wholesome and cultured living.
2 In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health. |
| (New) Article 25.2 (Duty of the State to Protect the Environment) | |
| The State shall endeavor to protect the natural environment in order to fulfill its responsibilities toward future generations. | |
| Article 26 (Rights and Obligations and the State’s Responsibilities Concerning Education) | Article 26 (Rights and Obligations and the State’s Responsibilities Concerning Education) |
| 1 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 boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.
3 (New) The St2 The organization and competency of the Board of Audit shall be determined by law.ate shall be conscious that the future maintenance and development of the State is dependent on education and shall endeavor to create an environment conducive to education. |
1 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 boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free. |
| Article 27 (Right and Obligation to Work, Standards for Working Conditions, and Prohibition of the Exploitation of Children) | Article 27 (Right and Obligation to Work, Standards for Working Conditions, and Prohibition of the Exploitation of Children) |
| 1 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. |
1 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 (Right of Workers to Organize and Act Collectively) | Article 28 (Right of Workers to Organize and Act Collectively) |
| The right of workers to organize and to bargain and act collectively is guaranteed. | The right of workers to organize and to bargain and act collectively is guaranteed. |
| Article 29 (Property Rights) | Article 29 (Property Rights) |
| 1 The right to own or to hold property is inviolable.
2 Property rights shall be defined by law, in conformity with the protection of the security of the State, public order, and public health and morals.
3 Private property may be taken for public use upon just compensation therefor. |
1 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. |
| (New) Article 29.2 (Intellectual Property Rights) | |
| 1 Intellectual property rights shall be protected
2 The State shall properly protect intellectual property rights and promote scholarship, the arts, science, technology, and other intellectually creative activities. |
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| Article 30 (Liability to Taxation) | Article 30 (Liability to Taxation) |
| The people shall be liable to taxation as provided by law. | The people shall be liable to taxation as provided by law. |
| Article 31 (Guarantee of Life and Liberty and Restrictions on Imposition of Penalties) | Article 31 (Guarantee of Life and Liberty and Restrictions on Imposition of Penalties) |
| No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law. | No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law. |
| Article 32 (Right of Access to Courts) | Article 32 (Right of Access to Courts) |
| No person shall be denied the right of access to the courts. | No person shall be denied the right of access to the courts. |
| Article 33 (Restrictions Concerning Apprehension) | Article 33 (Restrictions Concerning Apprehension) |
| 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. | 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 34 (Restrictions Concerning Arrest and Detention) | Article 34 (Restrictions Concerning Arrest and Detention) |
| No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel. | No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel. |
| Article 35 (Restrictions Concerning Entries, Searches, and Seizures) | Article 35 (Restrictions Concerning Entries, Searches, and Seizures) |
| 1 The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things 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. |
1 The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things 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 (Prohibition of Torture and Cruel Punishments) | Article 36 (Prohibition of Torture and Cruel Punishments) |
| The infliction of torture by any public officer and cruel punishments are absolutely forbidden. | The infliction of torture by any public officer and cruel punishments are absolutely forbidden. |
| Article 37 (Rights of the Accused in Criminal Cases) | Article 37 (Rights of the Accused in Criminal Cases) |
| 1 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 all witnesses, and he 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 his own efforts, be assigned to his use by the State. |
1 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 all witnesses, and he 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 his own efforts, be assigned to his use by the State. |
| Article 38 (Prohibition of Forced Confessions and Limitations on Admission of Confessions as Evidence) | Article 38 (Prohibition of Forced Confessions and Limitations on Admission of Confessions as Evidence) |
| 1 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. |
1 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 39 (Prohibition of Retroactive Penalties and Double Jeopardy, etc.) | Article 39 (Prohibition of Retroactive Penalties and Double Jeopardy, etc.) |
| 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. | 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 40 (Criminal Indemnity) | Article 40 (Criminal Indemnity) |
| Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law. | 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 IV. THE DIET | CHAPTER IV. THE DIET |
| Article 41 (Status of the Diet) | Article 41 (Status of the Diet) |
| The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State. | The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State. |
| Article 42 (Bicameral System) | Article 42 (Bicameral System) |
| The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors. | The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors. |
| Article 43 (Composition of Both Houses) | Article 43 (Composition of Both Houses) |
| 1 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. |
1 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 (Qualifications of Members and Electors) | Article 44 (Qualifications of Members and Electors) |
| The qualifications of members of both Houses and their electors shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income. | The qualifications of members of both Houses and their electors shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income. |
| Article 45 (Term of Office of Members of the House of Representatives) | Article 45 (Term of Office of Members of the 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. | 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 (Term of Office of Members of the House of Councillors) | Article 46 (Term of Office of Members of the 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. | 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 47 (Election of Members) | Article 47 (Election of Members) |
| 1 Electoral districts, method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law.
2 (New) To prevent differences arising in the value of each vote among electoral districts for the House of Representatives, electoral districts shall be determined, as a basic rule, such that the population per seat in the district with the largest population divided by the population per seat in the district with the smallest population yields a figure that does not exceed 1.5.
3 (New) Half the members of the House of Councillors shall be elected as regional representatives and half shall be elected as generational representatives. Electoral districts for regional representatives shall be determined for each administrative division, regardless of population, while the electoral district for generational representatives shall be the entire nation for each age group of eligible voters. |
1 Electoral districts, method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law. |
| Article 48 (Prohibition of Concurrent Membership of Both Houses) | Article 48 (Prohibition of Concurrent Membership of Both Houses) |
| No person shall be permitted to be a member of both Houses simultaneously. | No person shall be permitted to be a member of both Houses simultaneously. |
| Article 49 (Annual Payment of Members) | Article 49 (Annual Payment of Members) |
| Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law. | Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law. |
| Article 50 (Special Exemption of Members from Apprehension) | Article 50 (Special Exemption of Members from Apprehension) |
| 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. | 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 51 (Absence of Liability for Statements and Votes Cast by Members) | Article 51 (Absence of Liability for Statements and Votes Cast by Members) |
| Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House. | Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House. |
| Article 52 (Ordinary Sessions) | Article 52 (Ordinary Sessions) |
| An ordinary session of the Diet shall be convoked once per year. | An ordinary session of the Diet shall be convoked once per year. |
| Article 53 (Extraordinary Sessions) | Article 53 (Extraordinary Sessions) |
| The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation. | The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation. |
| Article 54 (General Elections, Special Sessions, and Emergency Sessions) | Article 54 (General Elections, Special Sessions, and Emergency Sessions) |
| 1 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 Cabinet may in time of national emergency convoke the House of Councillors in emergency session.
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. |
1 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 Cabinet may in time of national emergency convoke the House of Councillors in emergency session.
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 55 (Disputes Concerning Qualifications) | Article 55 (Disputes Concerning 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 a majority of two-thirds or more of the members present. | 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 56 (Quorum for Transaction of Business and Decision by Majority) | Article 56 (Quorum for Transaction of Business and Decision by Majority) |
| 1 Business cannot be transacted in either House unless one-third or more of total membership is present.
2 All matters shall be decided, in each House, by a majority of those present, except as elsewhere provided in the Constitution, and in case of a tie, the presiding officer shall decide the issue. |
1 Business cannot be transacted in either House unless one-third or more of total membership is present.
2 All matters shall be decided, in each House, by a majority of those present, except as elsewhere provided in the Constitution, and in case of a tie, the presiding officer shall decide the issue. |
| Article 57 (Public Deliberation and Minutes) | Article 57 (Public Deliberation and Minutes) |
| 1 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 the members on any matter shall be recorded in the minutes. |
1 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 the members on any matter shall be recorded in the minutes. |
| Article 58 (Selection of Officials and Independence of Houses) | Article 58 (Selection of Officials and Independence of Houses) |
| 1 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. |
1 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 59 (Superiority of the House of Representatives) | Article 59 (Passing of Laws) |
| 1 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 by a majority of the members present.
3 The provision of the preceding paragraph does not preclude the House of Representatives from calling for the meeting of a joint committee of both Houses, provided for by law.
4 Failure by the House of Councillors to take final action within 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. |
1 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 by a majority of two-thirds or more of the members present.
3 The provision of the preceding paragraph does not preclude the House of Representatives from calling for the meeting of a joint committee of both Houses, provided for by law.
4 Failure by the House of Councillors to take final action within 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 60 (Right of House of Representatives to Prior Consideration of Budgets and Decisions Concerning Budgets) | Article 60 (Right of House of Representatives to Prior Consideration of Budgets and Decisions Concerning Budgets) |
| 1 The budget must first be submitted to the House of Representatives.
2 Upon consideration of the budget, when the House of Councillors makes a decision different from that of the House of Representatives, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or in the case of failure by the House of Councillors to take final action within thirty (30) days, the period of recess excluded, after the receipt of the budget passed by the House of Representatives, the decision of the House of Representatives shall be the decision of the Diet. |
1 The budget must first be submitted to the House of Representatives.
2 Upon consideration of the budget, when the House of Councillors makes a decision different from that of the House of Representatives, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or in the case of failure by the House of Councillors to take final action within thirty (30) days, the period of recess excluded, after the receipt of the budget passed by the House of Representatives, the decision of the House of Representatives shall be the decision of the Diet. |
| Article 61 (Approval of Conclusion of Treaties) | Article 61 (Approval of Conclusion of Treaties) |
| The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties. | The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties. |
| Article 62 (Right to Conduct Investigations in Relation to Government and Investigations Concerning Political Ethics) | Article 62 (Right to Conduct Investigations in Relation to Government) |
| The House of Councillors may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records. | Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records. |
| (New) Article 62.2 (Consent Concerning Personnel Matters) | |
| Regarding the appointment and dismissal of public officials as prescribed by law, the consent of the House of Councillors shall be obtained. | |
| Article 63 (Attendance of Ministers of State) | Article 63 (Attendance of Ministers of State) |
| The Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations. | The Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations. |
| Article 64 (Impeachment Court) | Article 64 (Impeachment Court) |
| 1 The House of Councilors 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 Matters relating to impeachment shall be provided by law. |
The Diet shall set up an impeachment court from among the members of both Houses for the purpose of trying those judges against whom removal proceedings have been instituted.
2 Matters relating to impeachment shall be provided by law. |
| (New) Article 64.2 (Administrative Monitoring Board) | |
| 1 An administrative monitoring board shall be established in the House of Councillors.
2 The administrative monitoring board shall submit its audit report to the Diet the following fiscal year and obtain the approval of the Diet.
3 The organization and powers of the administrative monitoring board shall be as provided by law. |
|
| (New) Article 64.3 (Political Parties) | |
| 1 Because political parties promote the formation of political opinions among the people and conduct sound political activities based on the principle of democracy, the freedom to establish political parties and the activities thereof shall be guaranteed.
2 The internal order of political parties shall be based on democratic discipline.
3 Political parties shall publicly disclose details of receipts and disbursements of activity funds and of their assets.
4 Matters relating to the administration of political parties and other matters shall be provided by law. |
|
| CHAPTER V. THE CABINET | CHAPTER V. THE CABINET |
| Article 65 (Executive Power) | Article 65 (Executive Power) |
| Executive power shall be vested in the Cabinet. | Executive power shall be vested in the Cabinet. |
| Article 66 (Organization and Responsibilities of the Cabinet) | Article 66 (Organization and Responsibilities of the Cabinet) |
| 1 The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law.
2 The Prime Minister and other Ministers of State must be civilians.
3 The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet. |
1 The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law.
2 The Prime Minister and other Ministers of State must be civilians.
3 The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet. |
| Article 67 (Designation of the Prime Minister) | Article 67 (Designation of the Prime Minister) |
| 1 The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business.
2 If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within ten (10) days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet. |
1 The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business.
2 If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within ten (10) days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet. |
| Article 68 (Appointment and Dismissal of Ministers of State) | Article 68 (Appointment and Dismissal of Ministers of State) |
| 1 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 as he chooses. |
1 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 as he chooses. |
| Article 69 (No-Confidence Resolution and Dissolution or Resignation En Masse) | Article 69 (No-Confidence Resolution and Dissolution or Resignation En Masse) |
| If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days. | If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days. |
| Article 70 (Resignation En Masse due to Vacancy in Post of Prime Minister or after General Election) | Article 70 (Resignation En Masse due to Vacancy in Post of Prime Minister or after General Election) |
| 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. | 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 (Continuation of Functions Following Resignation En Masse) | Article 71 (Continuation of Functions Following Resignation En Masse) |
| In the cases mentioned in the two preceding articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed. | In the cases mentioned in the two preceding articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed. |
| Article 72 (Duties and Authority of the Prime Minister) | Article 72 (Duties and Authority of the Prime Minister) |
| The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches. | The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches. |
| Article 73 (Duties and Authority of the Cabinet) | Article 73 (Duties and Authority of the Cabinet) |
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
|
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
|
| Article 74 (Signing and Countersigning of Laws and Cabinet Orders) | Article 74 (Signing and Countersigning 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. | All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister. |
| Article 75 (Restrictions on Legal Action against Ministers of State) | Article 75 (Restrictions on Legal Action against 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. | 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. JUDICIARY | CHAPTER VI. JUDICIARY |
| Article 76 (Organs of Judicial Power and Professional Independence of Judges) | Article 76 (Organs of Judicial Power and Professional Independence of Judges) |
| 1 The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
2 No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.
3 All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws. |
1 The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law.
2 No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.
3 All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws. |
| Article 77 (Rule-Making Power of the Supreme Court) | Article 77 (Rule-Making Power of the Supreme Court) |
| 1 The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs.
2 Public procurators shall be subject to the rule-making power of the Supreme Court.
3 The Supreme Court may delegate the power to make rules for inferior courts to such courts. |
1 The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs.
2 Public procurators shall be subject to the rule-making power of the Supreme Court.
3 The Supreme Court may delegate the power to make rules for inferior courts to such courts. |
| Article 78 (Guarantee of the Status of Judges) | Article 78 (Guarantee of the 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. | 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 79 (Composition of the Supreme Court, Appointment of Judges, and National Review) | Article 79 (Composition of the Supreme Court, Appointment of Judges, and National Review) |
| 1 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 Cabinet.
2 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 following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten (10) years, and in the same manner thereafter.
3 In cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed.
4 Matters pertaining to review shall be prescribed by law.
5 The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.
6 All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office. |
1 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 Cabinet.
2 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 following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten (10) years, and in the same manner thereafter.
3 In cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed.
4 Matters pertaining to review shall be prescribed by law.
5 The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.
6 All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office. |
| Article 80 (Judges of Inferior Courts) | Article 80 (Judges of Inferior Courts) |
| 1 The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of ten (10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law.
2 The judges of the inferior courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office. |
1 The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of ten (10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law.
2 The judges of the inferior courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office. |
| Article 81 (Authority of the Supreme Court to Review Laws, Orders, Etc.) | Article 81 (Authority of the Supreme Court to Review Laws, Orders, Etc.) |
| The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act. | The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act. |
| Article 82 (Public Conduct and Judgment of Trials) | Article 82 (Public Conduct and Judgment of Trials) |
| 1 Trials shall be conducted and judgment declared publicly.
2 Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly. |
1 Trials shall be conducted and judgment declared publicly.
2 Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly. |
| CHAPTER VII. FINANCE | CHAPTER VII. FINANCE |
| Article 83 (Basic Principles Concerning Financial Administration) | Article 83 (Requirements for Financial Administration) |
| 1 The power to administer national finances shall be exercised as the Diet shall determine.
2 (New) The State, in accordance with the law, shall maintain a long-term balance between revenue and expenditure and administer national finances in a sound manner.
3 (New) A long-term objective of not exceeding 10% of gross domestic product shall be set for the balance of debt of the State and local governments, and the necessary measures for achieving this objective shall be prescribed by law. |
1 The power to administer national finances shall be exercised as the Diet shall determine. |
| Article 84 (Requirement of Legislation for Taxes Etc.) | Article 84 (Requirements for Taxation) |
| No new taxes shall be imposed or existing ones modified, and no money, such as pension contributions and insurance premiums, shall be collected from the people except by law or under such conditions as law may prescribe. | Article 84. No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe. |
| Article 85 (Conditions Concerning State Expenditure and Obligations) | Article 85 (Conditions Concerning State Expenditure and Obligations) |
| No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet. | No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet. |
| Article 86 (Preparation of Budget) | Article 86 (Preparation of Budget) |
| The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year and, in the case of projects that will require expenditures over a number of fiscal years, a multi-year budget specifying the length of the project and the total expenditure thereon. | The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year. |
| Article 87 (Reserve Fund) | Article 87 (Reserve Fund) |
| 1 In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet.
2 The Cabinet must get subsequent approval of the Diet for all payments from the reserve fund. |
1 In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet.
2 The Cabinet must get subsequent approval of the Diet for all payments from the reserve fund. |
| Article 88 (Property and Expenses of the Imperial Household) | Article 88 (Property and Expenses of the Imperial Household) |
| 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. | All property of the Imperial Household shall belong to the State. All expenses of the Imperial Household shall be appropriated by the Diet in the budget. |
| Article 89 (Restrictions on the Expenditure or Appropriation of Public Property) | Article 89 (Restrictions on the Use of Public Property) |
| 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 supervision of the State, a local government, or other public body. | 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. |
| Article 90 (Final Accounts and Balance Sheet of the State) | Article 90 (Audit) |
| 1 Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit, and the Board of Audit shall prepare a balance sheet of the State. The Cabinet shall submit to the Diet the statement of audit and balance sheet during the fiscal year immediately following the period covered.
2 The organization and competency of the Board of Audit shall be determined by law. |
1 Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and submitted by the Cabinet to the Diet, together with the statement of audit, during the fiscal year immediately following the period covered.
2 The organization and competency of the Board of Audit shall be determined by law. |
| Article 91 (Reporting on the State of National Finances) | Article 91 (Reporting on the State of National Finances) |
| At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of national finances. | At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of national finances. |
| CHAPTER VIII. LOCAL SELF-GOVERNMENT | CHAPTER VIII. LOCAL SELF-GOVERNMENT |
| Article 92 (Types and Roles of Local Public Entities) | Article 92 (Ensuring the Spirit of Local Public Entities) |
| Regulations concerning organization and operations of local public entities, which shall be municipalities as well as the Do's and special zones that subsume them, shall be fixed by law in accordance with the principle of local autonomy. | Regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy. |
| Article 93 (Organs of Local Public Entities) | Article 93 (Organs of Local Public Entities) |
| 1 The local public entities shall establish assemblies as their deliberative organs, in accordance with law.
2 The chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities. |
1 The local public entities shall establish assemblies as their deliberative organs, in accordance with law.
2 The chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities. |
| Article 94 (Powers of Local Public Entities) | Article 94 (Authority of Local Public Entities) |
| Local public entities shall have the right to manage their property, affairs and administration, and Do's and special zones shall have the right to enact laws within their geographical jurisdictions. Municipalities shall have the right to enact their own regulations within law. | Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law. |
| Article 95 (Right of Independent Taxation and Principle of Financial Independence for Local Public Entities) | Article 95 (Special Laws Applicable only to One Local Public Entity) |
| Do's and special zones shall have the right to impose local and other taxes within their geographical jurisdictions. Dos and special zones shall be financed by local taxes and other independent sources of funds. | A special law, applicable only to one local public entity, cannot be enacted by the Diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law. |
| CHAPTER IX. AMENDMENTS | CHAPTER IX. AMENDMENTS |
| Article 96 (Initiation of, Referendums Concerning, and Promulgation of Amendments to the Constitution) | Article 96 (Initiation of, Referendums Concerning, and Promulgation of Amendments to the Constitution) |
1 Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of one-half 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 effective 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. |
1 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 effective 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. |
| CHAPTER X. SUPREME LAW | CHAPTER X. SUPREME LAW |
| Article 97 (Source of Fundamental Human Rights) | Article 97 (Source of Fundamental Human Rights) |
| The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate. | The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate. |
| Article 98 (Supremacy of the Constitution, Observation of Treaties and Established Laws of Nations, and Obligation to Respect and Uphold the Constitution) | Article 98 (Supremacy of the Constitution, Observation of Treaties and Established Laws of Nations, and Obligation to Respect and Uphold the Constitution) |
| 1 This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.
2 The treaties concluded by Japan and established laws of nations shall be faithfully observed.
3 The Emperor or the Regent as well as Ministers of State, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution. |
1 This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.
2 The treaties concluded by Japan and established laws of nations shall be faithfully observed.
3 The Emperor or the Regent as well as Ministers of State, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution. |
| CHAPTER XI. STATE OF EMERGENCY | |
| (New) Article 99 (Declaration of State of Emergency) | |
| 1 If a military attack on our country from overseas, a civil war, a large-scale natural disaster resulting from an earthquake etc., or other state of emergency arises, and it is deemed absolutely necessary to do so, the Prime Minister may, with the ex-ante or ex-post approval of the Diet, declare a state of emergency.
2 If the resolution to approve the state of emergency prescribed in the preceding paragraph is rejected, the Diet decides to cancel the declaration of a state of emergency, or the Prime Minister deems that due to changes in circumstances said declaration is no longer necessary, the Prime Minister shall promptly cancel said declaration.
3 The declaration of a state of emergency shall generally not continue for longer than 100 days. The continuation of a state of emergency beyond 100 days shall require the ex-ante approval of the Diet each time 100 days is exceeded. |
|
| (New) Article 99.2 (Emergency Order and Execution of Emergency Budget) | |
| 1 If a state of emergency has been declared, the Cabinet may prepare a Cabinet Order with the same effectiveness as a law, execute an emergency budget, and issue the necessary instructions to the heads of local governments.
2 The establishment of a Cabinet Order and the execution of the budget as prescribed in the preceding paragraph shall require the ex-post approval of the Diet.
3 When the measures prescribed in the first paragraph are taken, the State may, to the extent necessary, restrict the following rights: secrecy of means of communication (Article 21, second paragraph), freedom to choose and change one’s residence and to choose one’s occupation (Article 22, first paragraph), property rights (Article 29), guarantee of proper procedures (Article 31), guarantee of procedures concerning apprehension (Article 33), guarantee of procedures concerning arrest and detention (Article 34), and non-entry to homes. (Article 35) |
|
| CHAPTER XII. CONSTITUTIONAL COURT | CHAPTER XI. SUPPLEMENTARY PROVISIONS |
| (New) Article 100 (Interpretation of the Constitution) | Article 100 |
| 1 A constitutional court may be established to determine the constitutionality of laws, orders, and regulations established by the government or treaties etc. that the government has concluded with other countries.
2 The constitutional court shall comprise 16 judges, with the Speaker of the House of Representatives, the Speaker of the House of Councillors, the Prime Minister, and the Chief Justice of the Supreme Court appointing four judges each. |
1 This Constitution shall be enforced as from the day when the period of six months will have elapsed counting from the day of its promulgation.
2 The enactment of laws necessary for the enforcement of this Constitution, the election of members of the House of Councillors and the procedure for the convocation of the Diet and other preparatory procedures necessary for the enforcement of this Constitution may be executed before the day prescribed in the preceding paragraph. |
| (delete) | Article 101. If the House of Councillors 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 Councillors shall be constituted. |
| (delete) | 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. |
| (delete) | Article 103. The Ministers of State, members of the House of Representatives and judges in office on the effective date of this Constitution, and all other public officials who occupy positions corresponding to such positions as are recognized by this Constitution shall not forfeit their positions automatically on account of the enforcement of this Constitution unless otherwise specified by law. When, however, successors are elected or appointed under the provisions of this Constitution, they shall forfeit their positions as a matter of course. |