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Title: The Constitution of Japan, 1946
Author: Japan
Posting Date: July 26, 2008 [EBook #612]
Release Date: August, 1996
Language: English
*** START OF THIS PROJECT GUTENBERG EBOOK THE CONSTITUTION OF JAPAN, 1946 ***
THE CONSTITUTION OF JAPAN, 1946
Promulgated on November 3, 1946; Put into effect on May 3, 1947.
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
Article 1. 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. The Imperial Throne shall be dynastic and
succeeded to in accordance with the Imperial House law passed by
the Diet.
Article 3. 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. 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. When, in accordance with the Imperial House law,
a Regency is established, the Regent shall perform his acts in
matter of state in the Emperor's name. In this case, paragraph
one 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 the
Cabinet, shall perform the following acts in makers of state on
behalf 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, the
Imperial House, nor can any gifts be made therefrom, without the
authorization of the Diet.
CHAPTER II. RENUNCIATION OF WAR
Article 9. 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 a mean of settling international disputes.
(2) In order to accomplish the aim of the preceding
paragraph, land, sea, and air forces, as well as other war
potential, will never be maintained. The right of belligerency of
the state will not be recognized.
CHAPTER III. RIGHTS AND DUTIES OF THE PEOPLE
Article 10. The conditions necessary for being a Japanese
national shall be determined by law.
Article 11. 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. 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. 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.
Article 14. 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. 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. 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 law,
ordinances or regulations and for other matters, nor shall any
person be in any way discriminated against sponsoring such a
petition.
Article 17. 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. 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 shall not be
violated.
Article 20. 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 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 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 is guaranteed.
Article 24. 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. 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.
Article 26. 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 educations as provided
for 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 according
to procedure established by law.
Article 32. No person shall be denied the right of access to
the courts.
Article 33. 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. 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. 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. 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 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. 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. 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. 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
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 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. 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 of
Councillors shall be six years, and election for half the members
shall take place every three years.
Article 47. 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. 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 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. Members of both Houses shall not be held liable
outside the House for speeches, debates or votes cast inside the
House.
Article 52. An ordinary session of the Diet shall be
convoked once per year.
Article 53. 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. 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. 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. 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. 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. 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. 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. 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. The second paragraph of the preceding article
applies also to the Diet approval required for the conclusion of
treaties.
Article 62. Each House may conduct investigations in
relation to government, and may demand the presence and testimony
of witnesses, and the production of records.
Article 63. 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. The Diet shall set up an impeachment court from
among the members of both Houses for the purpose of trying judges
against 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 provided
for 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 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 disagrees 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. 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. 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 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 preceding
articles, the Cabinet shall continue its functions until the time
when a new Prime Minister is appointed.
Article 72. 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. The Cabinet, in addition to other general
administrative 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 by
the competent Minister of state and countersigned by the Prime
Minister.
Article 75. 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
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, 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. 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. 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. 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 of 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. 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. 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. 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
Article 83. The power to administer national finances shall
be exercised as the Diet shall determine.
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. 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 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. 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. 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 benevolent enterprises not under the control of
public authority.
Article 90. Final accounts of the expenditures and revenues
of 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 determined by law.
Article 91. 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
Article 92. Regulations concerning organization and
operations of local public entities shall be fixed by law in
accordance with the principle of local autonomy.
Article 93. 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. Local entities shall have the right to manage
their property, affairs and administration and to enact their own
regulations within law.
Article 95. A special law, applicable 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
Article 96. Amendment to this Constitution shall be
initiated by the Diet, through a concurring vote of two-thirds or
more of all the members of each House and shall thereupon be
submitted to the people for ratification which shall require the
affirmative vote of a majority of all votes cast thereon, at
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
Article 97. 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. 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.
Article 99. 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. SUPPLEMENTARY PROVISIONS
Article 100. 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 for the enforcement of this
Constitution may be executed before the day prescribed in the
preceding 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 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.
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