| | THE CONSTITUTION
OF JAPAN | 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 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 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 for by law.
Article 5:
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:
The Emperor shall appoint the Prime
Minister as designated by the Emperor shall appoint the Chief Judge of the Supreme
Court as designated by the Cabinet.
Article 7:
The Emperor
shall, with the advice and approval of the Cabinet, perform the following acts
in matters of state on behalf of the people: (1) Promulgation of amendments of
the constitution, laws, cabinet orders and treaties. (2) Convocation of the Diet.
(3) Dissolution of the House of Representatives. (4) Proclamation of general election
of members of the Diet. (5) 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. (6) Attestation of general and special amnesty,
commutation of punishment, reprieve, and restoration of rights. (7) Awarding of
honors. (8) Attestation of instruments of ratification and other diplomatic documents
as provided for by law. (9) Receiving foreign ambassadors and ministers. (10)
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 means 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 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:
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 for 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:
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 taxation as provided for 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 infomed 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 37:
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 had been acquitted, nor shall he be placed in double jeopardy.
Article 40:
Any person may, in case he is acquitted after he has been
arrested or detained, sue the State for redress as provided for by law.
CHAPTER IV: THE DIET
Article 41:
The Diet shall be
the highest organ of the 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
as provided for 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 for 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 for 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 the 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 purposes of trying those judges against
whom removal proceedings have been instituted. 2) Matters relating to impeachment
shall be provided for 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 Ministers of State must be civilians. 3) The Cabinet shall, in the exercise
of executive power, 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 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:
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 within
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 shall, in addition to other
general administrative functions, 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 on circumstances
subsequent approval of the Diet. (4) Administer the civil service, in accordance
with standards established by law. (5) Prepare the budget, and present it to the
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. (7) 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 shall not, during their tenure of office, 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.
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 judgement 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:
The
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 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 or benevolent enterprises
not under the control of public authority.
Article 90:
Final
accounts of the expenditures and revenues of the State shall be audited annually
by a Board of Audit and submitted by 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:
At regular intervals and at least annually 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 public 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 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
Article 96:
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 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
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
necessary for the enforcement of this Constitution may be executed before the
day prescribed in the preceding paragraph.
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.
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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