2004
|Full Draft
Yomiuri Shimbun
読売新聞
Yomiuri Shimbun1
Yomiuri Draft (2004)2
May 3, 2004
The people of Japan are the sovereigns of Japan and have the ultimate power to decide the will of the State. National government shall be the equivalent of this via elected representatives who hold the trust of the people.
The people of Japan aim for a free, active, and fair society where fundamental human rights are respected and the welfare of the people increases, in the spirit of self-regulation and mutual cooperation.
The people of Japan inherit their people’s long history and traditions, protecting their beautiful land and cultural heritage for application to the future, planning the progress of culture and academic learning, to build a country rich in creativity.
The people of Japan aspire to eternal peace in the world, bearing the spirit of international harmony and labor ceaselessly towards the realization of peace, prosperity and security in international society.
The environment of Earth is the basis of human continuity, and the people of Japan, in collaboration with international society, shall work for its maintenance and plan for the coexistence of human beings and nature.
The people of Japan desire to possess a position of honor in international society through achieving the ideals and objectives here described.
This Constitution is the supreme law of Japan and must be observed by its people.
Chapter I. The Sovereignty of the People
Article 1. (Sovereignty of the People)
Sovereignty resides with the people.
Article 2. (Use of Sovereignty)
The people shall wield sovereignty through their properly elected representatives in the Diet, and through national referendums on constitutional amendment.
Article 3. (Political Parties)
The people shall have the liberty to form political parties to facilitate the formation of their political will.
(2) Political parties must respect the principle of the sovereignty of the people, fulfill a unifying role in being the collective political will of the people, and strive for the development of democratic politics.
(3) Political parties must be publicly accountable for their revenue and expenditure in the funds they use for political activities.
Article 4. (Conditions for being a Japanese National)
The conditions necessary for being a Japanese National shall be determined by law.
Chapter II. The Emperor (Chapter I of the Constitution of Japan)
Article 5. (Status of the Emperor)3
The Emperor shall be the symbol of the State and of the unity of the people, deriving their position from the will of the people.
Article 6. (Inheritance of the Imperial Throne)
The Imperial Throne shall be dynastic and succeeded to in accordance with law.
Article 7. (Limits of Imperial Power, Delegation of Matters of State, Regency)
The Emperor shall perform such acts in matters of state as are provided for in this Constitution and they shall not have powers related to government.
(2) The Emperor may delegate the performance of his acts in matters of state as may be provided by law.
(3) When, in accordance with law, a Regency is established, the Regent shall perform their acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable.
Article 8. (Cabinet Advice and Approval of the Emperor’s Acts in Matters of State)
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 9. (Appointment Powers of the Emperor)
The Emperor shall appoint the Prime Minister as designated by the House of Representatives.
(2) The Emperor shall appoint the Chief Justice of the Constitutional Court as designated by the House of Councillors.
(3) The Emperor shall appoint the Chief Justice of the Supreme Court as designated by the Cabinet. This designation by the Cabinet requires the consent of the House of Councillors.
Article 10. (Imperial Acts in Matters of State)
The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
1. Receiving foreign ambassadors and ministers as the representative of Japan, as well as attestation of full powers and credentials of Ambassadors and Ministers, and of instruments of ratification and other diplomatic documents as provided for by law.
2. Promulgation of amendments to the constitution, laws, cabinet orders, and treaties.
3. Issuing the Imperial Rescript for the convocation of the Diet.
4. Issuing the Imperial Rescript for the dissolution of the House of Representatives.
5. Proclamation of general elections of members of the House of Representatives and the House of Councillors.
6. Attestation of the appointment and dismissal of Ministers of State and other public officials as provided for by law.
7. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
8. Attestation of the awarding of honors.
9. Performance of ceremonial functions.
Chapter III. Security (Chapter II of the Constitution of Japan – Renunciation of War)
Article 11. (Denial of War, Prohibition on Weapons of Mass Destruction)
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.
(2) Aspiring to the global abolition of cruel and indiscriminate weapons of mass destruction, the people of Japan shall not manufacture, possess, or use such weapons of their own accord.
Article 12. (Military for Self-Defense, Civilian Control, Denial of Forced Participation)
Japan may possess a military for the purposes of protecting its peace and independence, preserving its security, and self-defense.
(2) The supreme command of the military in the preceding paragraph shall be vested in the Prime Minister.
(3) The people shall not be compelled to join the military in the first paragraph of the preceding article.
Chapter IV. International Cooperation
Article 13. (Principles)
Japan shall aspire towards the global elimination of human disasters arising from military conflict, international terrorism, natural disasters, environmental destruction, economic scarcity in particular areas, and regional disorder.
Article 14. (Participation in International Activities)
Based on the principles in the preceding article, Japan shall actively cooperate with the activities of established international agencies, and any other joint activities for the maintenance, restoration or humane support of international peace and security. Where necessary, Japan may dispatch public officials or a portion of its military to undertake such cooperation with the authorization of the Diet.
Article 15. (Observance of International Law)
The treaties concluded by Japan and established laws of nations shall be faithfully observed.
Chapter V. Rights and Duties of the People (Chapter III of the Constitution of Japan)
Article 16. (Basic Declaration)
The people shall enjoy all of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people as eternal and inviolate rights.
Article 17. (Responsibility to Maintain Freedom and Rights)
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them to mutually respect freedom and rights, national security and public order, and being in harmony with a healthy living environment for the people, as well as other matters of public interest.
Article 18. (Individual Dignity)
All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public interest, be the highest consideration in legislation and in other governmental affairs.4
Article 19. (Equality Under Law)
All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
(2) Peers and peerage shall not be recognized.
(3) No privilege shall accompany any award of honor, decoration or any distinction. However, this shall not apply to the granting of a reasonable pension as may be determined by law and other economic benefits.
(4) No award of honor, decoration or any distinction shall be valid beyond the lifetime of the individual who now holds or hereafter may receive it.
Article 20. (Personal Rights)
Every person is guaranteed the right to have their honor, trust and other personal traits protected from infringement.
(2) Every person shall have the right to refuse interference without due cause into their personal, family and household affairs.
(3) The secrecy of all means of communication shall not be violated.
Article 21. (Freedom of Thought and Conscience)
Freedom of thought and conscience shall not be violated.
Article 22. (Freedom of Religion and Restriction on Public Expenditure for Religious Purposes)
Freedom of religion is guaranteed to all.
(2) No person shall be compelled to take part in any religious act, celebration, rite or practice.
(3) The State and its organs shall refrain from religious education or any other religious activity.
(4) No religious organization shall receive any privileges from the State, nor exercise any political authority.
(5) Public money and other public resources may not be expended for the use, benefit or maintenance of religious organizations or groups, nor be offered therefor.
Article 23. (Freedom of Expression, Information, Etc.)
Freedom of speech, press and all other forms of expression are guaranteed.
(2) No censorship shall be maintained.
(3) Every person shall have the right to enjoy access to appropriate information in circulation.
(4) Personal information shall be protected from misuse.
Article 24. (Freedom of Assembly and Association)
Freedom of assembly and association are guaranteed.
Article 25. (Freedom to Move and Change Residence, Divestment of Nationality)
Every person shall have freedom to choose and change his residence 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 guaranteed.
Article 26. (Academic Freedom)
Academic freedom is guaranteed.
Article 27. (Family and Marriage)
The family must be protected as the basis of society.
(2) 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.
(3) With regard to property rights, inheritance, divorce and other matters pertaining to the family and marriage, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.
Article 28. (Right to Live, Social Mission of State, Social Solidarity)
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.
(3) The people shall endeavor towards the increase and progress of social welfare and social security through their own efforts and mutual cooperation.
Article 29. (Artificial Control of Life and Related Matters)
The law may restrict or prohibit artificial means of controlling or creating human life when there is significant impact on the security of lives and bodies, as well as the maintenance of social order.
Article 30. (Environmental Rights)
Every person shall have the right to enjoy a good environment and the obligation to endeavor to preserve it.
(2) The State must endeavor to preserve a good environment.
Article 31. (Right to Education)
All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
(2) All people shall be obligated to have all children under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.
Article 32. (Right and Obligation to Work)
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 33. (Right of Workers to Associate)
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 34. (Right of Occupation and Business)
Every person shall have freedom to choose their occupation and conduct business to the extent that it does not interfere with the public welfare.
Article 35. (The Right to Own or Hold Property, Maintaining System of Intellectual Property)
The right to own or to hold property is inviolable.
(2) Property rights shall be defined by law, in conformity with the public interest.
(3) Private property may be taken for public use upon just compensation therefor.
(4) The State must endeavor to maintain a system for intellectual property and the protection thereof in order to increase intellectual creativity and realize a vigorous society.
Article 36. (Obligation of Taxpaying)
The people shall be liable to taxation as provided by law.
Article 37. (Guaranteed Rule of Law in Criminal Penalties and Legal Procedure)
No person may be denied their life or their freedom, or be issued any criminal penalty, except by appropriate law and legal procedure.
Article 38. (Right to Trial)
Every person shall have the right of access to the courts.
Article 39. (Conditions of Apprehension)
No person shall be apprehended except upon warrant issued by a judge which specifies the offense with which the person is charged, unless they are apprehended, the offense being committed.
Article 40. (Guarantee of Conditions for Arrest, Detainment, and Illegal Detainment)
No person shall be arrested or detained without being at once informed of the charges against them or without the immediate privilege of counsel; nor shall they be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in their presence and the presence of their counsel.
Article 41. (Inviolability of Residence)
No person, except in the case of Article 39, shall have their residence, documents and possessions searched and confiscated unless a warrant issued with due cause by a judge is issued.
(2) Searching and confiscation shall require separate warrants clearly stating the place to be searched and the items to be confiscated.
Article 42. (Prohibition on Torture and Cruel Punishment)
The infliction of torture by any public officer and cruel punishments are absolutely forbidden.
Article 43. (The Accused, Rights of Detained Suspects)
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
(2) They shall be permitted full opportunity to examine all witnesses, and they shall have the right of compulsory process for obtaining witnesses on his behalf at public expense.
(3) At all times the accused and the suspect who is detained shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by their own efforts, be assigned to their use by the State.
Article 44. (Forced Confession, Evidentiary Limits of Self-Confession)
No person shall be compelled to testify against themself.
(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 them is their own confession.
Article 45. (Prohibition on Ex Post Facto Law, Double Jeopardy)
No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which they have been acquitted, nor shall they be placed in double jeopardy.
Article 46. (Right for Restitution in Criminal Cases)
Any person, in case they are acquitted after they have been arrested or detained, may sue the State for redress as provided by law.
Article 47. (Rights of Victims)
Every victim whose life or body is damaged by a criminal act, or their bereaved relatives, may receive relief from the State as provided by law.
(2) Every victim whose life or body is damaged by a criminal act, or their bereaved relatives, may receive due explanation from a judicial organ into the handling and outcome of a criminal case, and express their opinion therefor during a trial, as provided by law.
Article 48. (Right to Choose Public Officials, Characteristics of Public Officials, Security of Elections and Secrecy of the Vote)
The people have the inalienable right to choose and to dismiss their members of the Diet, heads of local governing bodies and members of the assemblies thereof, and all other public officials.
(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 49. (Right to Petition)
Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.
Article 50. (Right to Demand Access to Administrative Information)
Every person may request the State to provide access to information concerning its affairs as provided by law.
Article 51. (Compensation Responsibility of State and Public Organizations)
Every person may sue for redress as provided by law from the State or a public entity, in case they have suffered damage through illegal act of any public official.
Chapter VI. The Diet (Chapter IV of the Constitution of Japan)
Article 52. (Legislative Power and Role)
Legislative power shall be vested in the Diet.
(2) The Diet shall conduct appropriate management of government as the representative organ of the people.
Article 53. (Bicameralism)
The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.
Article 54. (Organization of the Two Houses)
Both Houses shall consist of elected members.
(2) The members shall be representative of all the people.
(3) The number of the members of each House shall be fixed by law.
Article 55. (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.
Article 56. (Term of Office for 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.
Article 57. (Term of Office for 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.
Article 58. (Matters Relating to Elections)
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 59. (Prohibition on Joint Membership of Both Houses)
No person shall be permitted to be a member of both Houses simultaneously.
Article 60. (Payments to Members)
Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.
Article 61. (Immunity of Members from Arrest)
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 62. (Non-Liability of Members’ Speeches and Votes)
Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.
Article 63. (Ordinary Sessions)
The Cabinet shall determine to convoke an ordinary session of the Diet once per year.
Article 64. (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.
Article 65. (Dissolution of House of Representatives and Special Sessions, Emergency Meetings of House of Councillors)
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 66. (Judgment on Qualification Disputes)
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 67. (Total Membership, Resolutions)
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 68. (Public Deliberations, Records of Proceedings, Minutes on Votes of Sessions)
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 members on any matter shall be recorded in the minutes.
Article 69. (Selection of Officials, House Rules, Punishments)
Each House shall select its own president and other officials.
(2) Each House shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.
Article 70. (Resolution of Bills, Priority of House of Representatives)
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 more than half 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) The passing of a bill for a second time by the House of Representatives mentioned in the second paragraph of this article may not take place until sixty (60) days after passage by the House of Councillors, the period of recess excluded.
(5) 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; said bill may become a law if it is passed a second time by a majority of more than half of the members present.
Article 71. (Prior Resolution by and Priority of House of Representatives on Budget Bills)
The budget bill 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 72. (Priority of House of Representatives on Conclusion of Treaties)
The second paragraph of the preceding article applies also to the Diet approval required for the conclusion of treaties.
Article 73. (Priority of House of Councillors on Personnel Appointments)
Key public officials as provided by law must be passed by the Diet before assuming office.
(2) The provision in the preceding paragraph must first be submitted to the House of Councillors.
(3) For the passage by the Diet referred to in the first paragraph, when the House of Representatives makes a decision different from that of the House of Councillors, 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 Representatives to take final action within thirty (30) days of the passage by the House of Councillors, the period of recess excluded, the decision of the House of Councillors shall be the decision of the Diet.
Article 74. (Right of Both Houses to Investigate Government)
Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records.
Article 75. (Right and Obligation of Cabinet Officials to Attend Diet Sessions)
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 76. (Impeachment Court, Impeachment Committee)
The House of Councillors shall set up an impeachment court from among its members for the purpose of trying those judges against whom removal proceedings have been instituted.
(2) The House of Representatives shall set up an impeachment committee from amongst its members.
(3) Matters relating to impeachment and its prosecution shall be provided by law.
Chapter VII. The Cabinet (Chapter V of the Constitution of Japan)
Article 77. (Executive Power)
Executive power shall be vested in the Cabinet.
Article 78. (Organization of Cabinet, Duty of Collective Responsibility to the Diet)
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 shall represent the Cabinet and command the Ministers of State.
(3) The Prime Minister and other Ministers of State must be civilians.
(4) The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.
Article 79. (Nomination of Prime Minister, Priority of House of Representatives)
The Prime Minister shall be designated from among the members of the House of Representatives by a resolution of the House of Representatives. This designation shall precede all other business.
Article 80. (Appointment and Dismissal of Ministers of State)
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 81. (Dissolution Rights of Cabinet, Effect of Non-Confidence Resolution on Cabinet)
The Cabinet may dissolve the House of Representatives.
(2) If the House of Representatives passes a non-confidence resolution, or a confidence resolution is rejected, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days.
Article 82. (Vacancy in Post of Prime Minister and Convocation of New Diet and Resignation En Masse of Cabinet)
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 83. (Cabinet After Resignation En Masse)
In the cases mentioned in the two preceding articles, the Cabinet shall continue its functions prescribed by this Constitution until the time when a new Prime Minister is appointed. However, it may not use its right to dissolve the House of Representatives.
Article 84. (Functions of the Prime Minister)
The Prime Minister, representing the Cabinet, submits bills and budget bills, and reports on general national affairs and foreign relations to the Diet.
Article 85. (Supervisory Power of Prime Minister)
The Prime Minister exercises supervision over various administrative branches.
Article 86. (Temporary Deputy of the Prime Minister)
If the Prime Minister is incapacitated, or there is a vacancy in the post of Prime Minister, a Minister of State shall carry out the functions of the Prime Minister as their temporary deputy.
(2) Regarding the case provided in the preceding paragraph, the Prime Minister must specify the Minister of State who shall be their temporary deputy in advance.
Article 87. (Functions of the Cabinet)
The Cabinet, in addition to other general administrative functions, shall perform the following functions:
1. Administer the law faithfully; conduct affairs of state.
2. Manage foreign affairs.
3. Conclude treaties. However, it shall obtain prior or, depending in the situation, subsequent approval of the Diet.
4. Administer the public officials of the State, in accordance with standards established by law.
5. Decide on the convocation of the Diet.
6. Prepare the budget bill, and present it to the Diet.
7. 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.
8. Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
9. Decide on the conferral of honors.
Article 88. (Special Privilege of Ministers of State)
The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.
Article 89. (Declaration of State of Emergency, Control and Supervision)
The Prime Minister may issue a declaration of a state of emergency over a part or the whole of the country, as provided for by law, in cases where they determine the presence of a situation that threatens, or may threaten, the independence and safety of the State and the lives, bodies or property of a majority of the people, and where that situation requires the implementation of serious and urgent countermeasures.
(2) The declaration mentioned in the preceding paragraph must clearly outline the situation that necessitates its implementation and the dates of the period it is effective in the areas to which it applies.
(3) The Prime Minister, in the event of declaring a state of emergency, as provided by law, may temporarily command, including the military for self-defense purposes, the police, the fire brigade and other organs related to national security, and exercise control and supervision over the heads of those respective organs. Moreover, in addition to the organs specified in the preceding clause, they may also carry out necessary instructions and orders to other organs of the State, the local governing bodies, and other executive organs.
Article 90. (Diet Passage and Lifting of State of Emergency)
The Prime Minister must submit a request for the approval of the Diet within twenty (20) days following a declaration of a state of emergency. If the House of Representatives is dissolved, they must request the approval of an emergency meeting of the House of Councillors.
(2) The Prime Minister must speedily lift the declaration of the state of emergency when it is not approved by the Diet, or when it is no longer required.
Article 91. (Emergency Measures of the Prime Minister, Restriction on Fundamental Human Rights)
The Prime Minister may, in the event of declaring a state of emergency, implement measures that restrict the freedoms and rights of bodies, communications, residence, mobility and property, within the boundaries provided by law and if such restrictions are unavoidable for the purpose of protecting the lives, bodies and property of the people.
(2) The Prime Minister must endeavor to respect the fundamental human rights guaranteed to the people by this Constitution in the event of implementing the measures in the preceding paragraph.
Chapter VIII. The Judiciary (Chapter VI of the Constitution of Japan)
Article 92. (Judicial Power, Constitutional Court and the Courts, Prohibition on Extraordinary Tribunals, Participation of the People in the Judiciary)
The whole judicial power is vested in a Constitutional Court, 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) Participation of the people in the judiciary shall be provided by law.
Article 93. (Right of Constitutional Court to Judge Constitutionality]
The Constitutional Court shall be the only court vested with the power of deciding the constitutionality of all treaties, laws, ordinances, regulations and punishments.
Article 94. (Power of the Constitutional Court)
The following items shall be under the jurisdiction of the Constitutional Court:
1. Judging the constitutionality, as provided for by law, of treaties, laws, ordinances, regulations and punishments, where so applied for by the Cabinet or one-third or more of all members of either the House of Representatives or the House of Councillors.
2. Judging the constitutionality, as provided for by law, of items in a specific legal case, when so requested by the Supreme Court or the inferior courts.
3. Judging a dissenting opinion, as provided for by law, when a party in a specific legal case objects to constitutional judgments made by the Supreme Court.
Article 95. (Validity of Judgments of the Constitutional Court)
The passage of a judgment by the Constitutional Court on the constitutionality of treaties, laws, ordinances, regulations and punishments shall, except where otherwise provided in law, bind all organs of the State and the local governing bodies.
Article 96. (Judges of the Constitutional Court, Term of Office, Retirement)
The Constitutional Court shall consist of a Chief Judge and eight other judges; all such judges excepting the Chief Judge shall be appointed by the Cabinet based on nomination by the House of Councillors.
(2) The judges of the Constitutional Court shall hold office for a term of eight years with no privilege of reappointment.
(3) The judges of the Constitutional Court shall be retired upon the attainment of the age as fixed by law.
Article 97. (Supreme Court as Court of Last Resort)
The Supreme Court is the court of last resort with power to determine the constitutionality of all matters outside the jurisdiction of the Constitutional Court.
Article 98. (Judges of the Supreme Court, Term of Office, Retirement)
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 judges of the Supreme Court shall hold office for a term of five years with privilege of reappointment.
(3) The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law.
Article 99. (Judges of the Inferior Courts, Terms of Office, Retirement)
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.
Article 100. (Rule-Making Powers of Constitutional Court and Supreme Court)
The Constitutional Court and the Supreme Court are vested with the rule-making powers under which they determine 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 powers in the preceding paragraph.
(3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.
Article 101. (Independence of Judges, Guarantee of Status, Remuneration)
All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
(2) All judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform their official duties. No disciplinary action against judges shall be administered by any executive organ or agency.
(3) All judges shall receive adequate compensation at regular stated intervals. No decrease in such compensation shall be made that compromises the independence of a judge.
Article 102. (Public Access to Trials)
Trials shall be conducted and judgment declared publicly.
(2) Where a court unanimously determines publicity to be dangerous to public order, morals, or the private life of the parties concerned, 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 V of this Constitution are in question shall always be conducted publicly.
Chapter IX. Finance (Chapter VII of the Constitution of Japan)
Article 103. (Basic Principles of Financial Management)
The power to administer national finances shall be administered by the Cabinet as determined by the Diet. The State must aim towards the sound management and appropriate maintenance of its finances.
Article 104. (Taxation)
No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.
Article 105. (National Expenditure and Debt Burden)
No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.
Article 106. (Budget Bills)
The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget bill for each fiscal year.
(2) When continuing expenditure is necessary, the final year of such expenditure must be stipulated and decided by the Diet as continuing expenditure.
Article 107. (Reserve Fund)
In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet.
(2) The Cabinet must get subsequent approval of the Diet for all payments from the reserve fund.
Article 108. (Property and Expenditure of 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 draft budget.
Article 109. (Accounting Audits, Board of Audit)
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 110. (Reports on Financial Situation)
At regular intervals and at least annually the Cabinet shall report to the Diet and the people on the state of national finances.
Chapter X. Local Self-Government (Chapter VIII of the Constitution of Japan)
Article 111. (Basic Principles of Local Self-Government)
Local self-governance shall be based in the principles of the self-reliance and self-responsibility of a local governing body and its residents.
(2) Matters related to the organization and management of the local governing bodies shall be provided for by law with respect to the principles in the preceding paragraph.
(3) The local governing bodies shall cooperate with the State in increasing the welfare of the residents.
Article 112. (Direct Election of Local Assemblies – Heads and Assembly Members)
The local governing bodies shall establish assemblies in accordance with law.
(2) The chief executive officers of all local governing bodies and the members of their assemblies shall be elected by direct popular vote by the residents of their constituencies.
Article 113. (Power of Local Governing Bodies, Right of Ordinance Enactment, Finances)
Local governing bodies shall have the right to manage their property, affairs and administration and to enact their own regulations to the extent of the spirit of the law.
(2) The finances of local governing bodies must be appropriately maintained and managed with consideration for the finances of the State and the economic situation thereof, and with the aim of sound finances based on local revenues.
Article 114. (Special Law on Voting by Residents)
A special law, applicable only to a particular local governing body, cannot be enacted by the Diet without the consent of the majority of the voters of the local governing body concerned, obtained in accordance with law.
Article 115. (Right of Petition for Access to Administrative Information of Local Governing Bodies)
The residents of a local governing body, as provided for by ordinance, may request the disclosure of information pertaining to the administrative affairs of their respective local governing body.
Chapter VII. Amendments (Chapter IX of the Constitution of Japan)
Article 116. (Procedures and Promulgation of Amendments)
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 on the amended draft, provided that at least two-thirds of the members are present, which shall thereupon be submitted to the people for ratification.
(2) Notwithstanding the provisions in the preceding paragraph, amendments to this Constitution shall be constituted through passage by a concurring vote of two-thirds or more of all the members of each House on the amended draft.
(3) The ratification provided in the first paragraph shall require the affirmative vote of a majority of all valid votes cast thereon, at a special referendum or at such election as the Diet shall specify.
(4) An amended draft of the Constitution as referred to in the first and the second paragraphs may be submitted by a member of the Diet or the Cabinet.
(5) Following the ratification provided in the first paragraph and the passage provided in the second paragraph, amendments shall immediately be promulgated by the Emperor in the name of the people.