2001
|Partial Draft
ASAO Keiichirō, YAMAMOTO Ichita
浅尾慶一郎、山本一太
ASAO Keiichirō1 and YAMAMOTO Ichita2
A Draft of the Constitution Related to the Direct Election of the Prime Minister3
January 2001
Article 6.
[omitted] The Emperor shall appoint the Prime Minister as designated by a plebiscite. (The Emperor shall appoint the Prime Minister as designated by the Diet)
(2) [omitted]
Article 7.
(1)-(3) [omitted]
(4) Proclamation of general election of members of the Diet and a plebiscite to designate the Prime Minister. (Proclamation of general election of members of the Diet.)
(5)-(10) [omitted]
Article 41.
The Diet 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 65.
Executive power shall be vested in the Prime Minister (Executive power shall be vested in the Cabinet.)
Article 66
[omitted]
(2) [omitted]
(3) [deleted] (The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.)
Article 67.
The Prime Minister shall be designated by a plebiscite after receiving a recommendation from more than 70 members of the Diet or obtaining more than a million signatures from people who are qualified to vote. (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) The term of office of members of the Prime Minister shall be four years. However, the term shall be terminated before the full term is up in case the House of Representatives is dissolved. (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.)
(3) The qualification for voters, method of voting and other matters pertaining to the plebiscite designated by the Prime Minister shall be fixed by law.
Article 69.
If two-thirds or more of all the members of the House of Representatives pass a non-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.
When there is a vacancy in the post of Prime Minister, or when there is a general election of members of the House of Representatives, there shall be a plebiscite to designate the Prime Minister.
(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 73.
The Prime Minister, 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)
(1)-(7) [omitted]