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Constitution of Japan 1946 |
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Preamble
We, the Japanese people, acting through our elected representatives in the National Diet, determined that we should secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty all over 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.
Article 1 Symbol of State
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 Dynastic Throne
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.
Article 3 Cabinet Approval and Responsibility
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 Rule of Law for Emperor
(1) The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government.
(2) The Emperor may delegate the performance of his acts in matters of state as may be provided by law.
(1) 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.(2) In this case, Article 4 (1) will be applicable.
(1) The Emperor shall appoint the Prime Minister as designated by the Diet.
(2) The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Cabinet.
The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
Article 8 Property Authorization
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
(1) Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
(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 aggression of the state will not be recognized.
Chapter III Rights and Duties of the People
The conditions necessary for being a Japanese national shall be determined by law.
Article 11 Fundamental Human Rights
(1) The people shall not be prevented from enjoying any of the fundamental human rights.
(2) These fundamental human rights, guaranteed to the people by this Constitution, shall be conferred upon the people of this and future generations as irrevocable and inviolable rights.
Article 12 Goal to Preserve Freedom and Rights
The freedoms (1) All of the people shall be respected as individuals. (2) Their right to live, 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 No Discrimination and Privileges
(1) All of the people are equal under the law (2) Peers and peerage shall not be recognized. (3) No privilege shall accompany any award of honor, decoration, or any distinction,
nor shall any such award be valid beyond the lifetime of the individual who
now holds or hereafter may receive it. (1) 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. (5) A voter shall not be answerable, publicly or privately, for the choice
he has made. Every person shall have the right to peacefully 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 Recourse to the Courts
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.
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
Freedom of thought and conscience shall not be violated.
Article 20 Freedom of Religion, Secularity of the State
(1) Freedom of religion (2) No religious organization shall receive any privileges from the State,
nor exercise any political authority. (3) No person shall be compelled to take part in any religious act, celebration,
rite or practice. (4) The State and its organs shall refrain from religious education or any
other religious activity. Article 21 Communicative Rights
(1) Freedom of assembly and association as well as speech, press, and all
other forms of expression (2) No censorship shall be maintained, nor shall the secrecy of any means
of communication be violated. Article 22 Right to Move, Freedom of Profession
(1) Every person shall have freedom to choose and change his residence and
to choose his occupation to the extent that it does not interfere with the
public welfare. (2) Freedom of all persons to move to a foreign country and to divest themselves
of their nationality shall be inviolate. Academic freedom is guaranteed.
Article 24 Matrimonial Equality
(1) Marriage shall be based only on the mutual consent of both sexes and
it shall be maintained through mutual cooperation with the equal rights of
husband and wife as a basis. (2) With regards to choice of spouse, property rights, inheritance, choice
of domicile, divorce, and other matters pertaining to marriage and the family,
laws shall be enacted from the standpoint of individual dignity and the essential
equality of the sexes. (1) 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 Right to Education, Compulsory Education
(1) All people shall have the right to receive an equal education correspondent
to their ability, as provided by law. (2) All people shall be obligated to have all boys and girls under their
protection receive ordinary education as provided for by law. (3) Such compulsory education shall be free. Article 27 Right and Obligation to Work, No Child Labor
(1) All people shall have the right and the obligation to work. (2) Standards for wages, hours, rest, and other working conditions shall
be fixed by law. (3) Children shall not be exploited. The right of workers to organize and to bargain and act collectively is guaranteed.
(1) The right to own or to hold property (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. The people shall be liable to taxation as provided by law.
No person shall be deprived of life or liberty, nor shall any other criminal
penalty be imposed, except according to procedure established by law.
Article 32 Recourse to the Courts
No person shall be denied the right of access to the courts.
No person shall be apprehended except upon warrant issued by a competent judicial
officer which specifies the offense with which the person is charged, unless
he is apprehended, the offense being committed.
No person shall be 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.
(1) The right of all persons to be secure in their homes, papers, and effects
against entries, searches, and seizures shall not be impaired except upon
warrant issued for adequate cause and particularly describing the place to
be searched and things to be seized or except as provided by Article 33. (2) Each search or seizure shall be made upon separate warrant issued by
a competent judicial officer. The infliction of torture by any public officer and cruel punishments are absolutely
forbidden.
(1) In all criminal cases the accused shall enjoy the right to a speedy
and public trial by an impartial tribunal. (2) He shall be permitted full opportunity to examine all witnesses, and
he shall have the right of compulsory process for obtaining witnesses on his
behalf at public expenses. (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 Rights of the Accused
(1) No person shall be compelled to testify against himself. (2) Confession made under compulsion, torture, or threat, or after prolonged
arrest or detention shall not be admitted in evidence. (3) No person shall be convicted or punished in cases where the only proof
against him is his own confession. Article 39 Nulla Poena Sine Lege, Double Jeopardy
No person shall be held criminally liable for an act which was lawful at the
time it was committed, or of which he has been acquitted, nor shall he be placed
in double jeopardy.
Any person, in case he is acquitted after he has been arrested or detained,
may sue the State for redress as provided by law.
The Diet The Diet shall consist of two Houses, namely the House of Representatives and
the House of Councilors.
(1) Both Houses shall consist of elected members, representative of all
the people. (2) The number of the members of each House shall be fixed by law. (1) The qualifications of members of both Houses and their electors shall
be fixed by law. (2) However, there shall be no discrimination because of race, creed, sex,
social status, family origin, education, property, or income. Article 45 Term of Representatives
(1) The term of office of members of the House of Representatives shall
be four years. (2) However, the term shall be terminated before the full term is up in case
the House of Representatives is dissolved. The term of office of members of the House of Councilors shall be six years,
and election for half the members shall take place every three years.
Article 47 Electoral Procedure
Electoral districts, method of voting, and other matters pertaining to the
method of election of members of both Houses shall be fixed by law.
No person shall be permitted to be a member of both Houses simultaneously.
Members of both Houses shall receive appropriate annual payment from the national
treasury in accordance with law.
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.
Members of both Houses shall not be held liable outside the House for speeches,
debates, or votes cast inside the House.
An ordinary session of the Diet shall be convoked once per year.
Article 53 Extraordinary Sessions
(1) The Cabinet may determine to convoke extraordinary sessions of the Diet. (2) When a quarter or more of the total members of either House makes the
demand, the Cabinet must determine on such convocation. Article 54 Election of Representatives
(1) When the House of Representatives is dissolved, there must be a general
election of members of the House of Representatives within forty days from
the date of dissolution, and the Diet must be convoked within thirty days
from the date of the election. (2) When the House of Representatives is dissolved, the House of Councilors
is closed at the same time. (3) However, the Cabinet may in time of national emergency convoke the House
of Councilors in emergency session. (4) Measures taken at such session as mentioned in 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 days after the opening of
the next session of the Diet. (1) Each House shall judge disputes related to qualifications of its members. (2) 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. (1) Business cannot be transacted in either House unless one-third or more
of total membership is present. (2) All matters shall be decided, in each House, by a majority of those present,
except as elsewhere provided in the Constitution and in case of a tie, the
presiding officer shall decide the issue. (1) Deliberation in each House shall be public. (2) However, a secret meeting may be held where a majority of two-thirds
or more of those members present passes a (3) Each House shall keep a record of proceedings. (4) This record shall be published and given general circulation, excepting
such parts of proceedings of secret session as may be deemed to require secrecy. (5) 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 Presidents, Rules of Procedure
(1) Each House shall select its own president and other officials. (2) Each House shall establish its rules pertaining to meetings, proceedings
and internal discipline, and may punish members for disorderly conduct. (3) 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 Legislative Proceedings
(1) A bill becomes a law on passage by both Houses, except as otherwise
provided by the Constitution. (2) A bill which is passed by the House of Representatives, and upon which
the House of Councilors 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 the 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 Councilors to take final action within sixty
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 Councilors. (1) The budget (2) Upon consideration of the budget, when the House of Councilors 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 Councilors to take final
action within thirty 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 60 (2) applies also to the Diet approval required
for the conclusion of treaties.
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 Ministerial Presence
(1) 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.
(2) They must appear when their presence is required in order to give answers
or explanations.
(1) The Diet shall set up an impeachment court from among the members of both
Houses for the purpose of trying those judges against whom removal proceedings
have been instituted.
(2) Matters relating to impeachment shall be provided by law.
Executive power is vested in the Cabinet Article 66 Membership, Responsibility
(1) The Cabinet consists of the Prime Minister (2) The Prime Minister and other Ministers of State must be civilians. (3) The Cabinet, in the exercise of executive power, shall be collectively
responsible to the Diet. Article 67 Election of Prime Minister
(1) The Prime Minister shall be designated from among the members of the
Diet by a resolution of the Diet. (2) This designation shall precede all other business. (3) If the House of Representatives and the House of Councilors disagree and
if no agreement can be reached even through a joint committee of both Houses,
provided for by law, or the House of Councilors fails to make designation within
ten days, exclusive of the period of recess, after the House of Representatives
has made designation, the decision of the House of Representatives shall be
the decision of the Diet.
Article 68 Appointment of Ministers
(1) The Prime Minister shall appoint the Ministers of State. (2) However, a majority of their number must be chosen from among the members
of the Diet. (3) The Prime Minister may remove the Ministers of State as he chooses. Article 69 Impeachment of Government
If the House of Representatives passes a resolution of no conficence, or rejects
a confidence resolution, the Cabinet shall resign altogether, unless the House
of Representatives is dissolved within ten days.
Article 70 Vacancy Resignation
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 altogether.
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 Article 73 Function of Cabinet
The Cabinet, in addition to other general administrative functions, shall perform
the following functions:
All laws and cabinet orders shall be signed by the competent Minister of State
and countersigned by the Prime Minister.
Article 75 Preliminary Immunity
(1) The Ministers of State, during their tenure of office, shall not be subject
to legal action without the consent of the Prime Minister.
(2) However, the right to take that action is not impaired hereby.
(1) The whole judicial power is vested in a Supreme Court and in such inferior
courts (2) No extraordinary tribunal shall be established, nor shall any organ or
agency of the Executive be given final judicial power. (3) All judges are independent (1) The Supreme Court is vested with the rule-making power under which it
determines the rules of procedure and of practice and of matters relating
to attorneys, the internal discipline of the courts and the administration
of judicial affairs. (2) Public procurators shall be subject to the rule-making power of the Supreme
Court. (3) The Supreme Court may delegate the power to make rules for inferior courts
to such courts. (1) Judges shall not be removed except by public impeachment unless judicially
declared mentally or physically incompetent to perform official duties. (2) No disciplinary action against judges shall be administered by any executive
organ or agency. (1) The Supreme Court (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 years,
and in the same manner thereafter. (3) In cases mentioned in the preceding paragraph, when the majority of the
voters favors the dismissal of a judge, he shall be dismissed. (4) Matters pertaining to review shall be prescribed by law. (5) The judges of the Supreme Court shall be retired upon the attainment
of the ages as fixed by law. (6) All such judges shall receive, at regular stated intervals, adequate
compensation which shall not be decreased during their terms of office. (1) The judges of the inferior courts shall be appointed by the Cabinet
from a list of persons nominated by the Supreme Court. (2) All such judges shall hold office for a term of ten years with privilege
of reappointment, provided that they shall be (3) 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 Jurisdiction of Supreme Court
The Supreme Court is the court of last resort with power to determine the constitutionality
of any law, order, regulation, or official act.
(1) Trials shall be conducted and judgment declared publicly. (2) Where a court unanimously determines publicity to be dangerous to public
order or morals, a trial may be conducted privately, but trials of political
offenses, offenses involving the press, or cases wherein the rights of people
as guaranteed in Chapter III of this Constitution are
in question shall always be conducted publicly.
The power to administer national finances shall be exercised as the Diet shall
determine.
No new taxes shall be imposed or existing ones modified except by law or under
such conditions as law may prescribe.
Article 85 Budget Authorization
No money shall be expended, nor shall the State obligate itself, except as
authorized by the Diet.
The Cabinet shall prepare and submit to the Diet for its consideration and
decision a budget for each fiscal year.
(1) In order to provide for unforeseen deficiencies in the budget, a reserve
fund may be authorized by the Diet to be expended upon the responsibility
of the Cabinet. (2) The Cabinet must get subsequent approval of the Diet for all payments
from the reserve fund. (1) All property of the Imperial Household shall belong to the State. (2) All expenses of the Imperial Household shall be appropriated by the Diet
in the budget. 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.
(1) Final accounts of the expenditures and revenues of the State shall be
audited annually by a Board of Audit and submitted by the Cabinet to the Diet,
together with the statement of audit, during the fiscal year immediately following
the period covered.
(2) The organization and competency of the Board of Audit shall be determined
by law.
Article 91 Cabinet Report
Chapter VIII Local Self-Government
Regulations concerning organization and operations of local public entities (1) The local public entities shall establish assemblies as their deliberative
organs, in accordance with the 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.
Local public entities shall have the right to manage their property, affairs,
and administration and to enact their own regulations within law.
Article 95 Veto for Local Laws
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.
Article 96 Qualified Majority, Referendum
(1) Amendments to this Constitution shall be initiated by the Diet, through
a concurring vote of two-thirds or more of all the members of each House and
shall thereupon be submitted to the people for ratification, which shall require
the affirmative vote of a majority of all 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. Article 97 Inviolable Human Rights
The fundamental human rights by this Constitution guaranteed to the people
of Japan are fruits of the age-old struggle of man to be free; they have survived
the many exacting tests for durability and are conferred upon this and future
generations in trust, to be held for all time inviolable.
Article 98 Unconstitutional Law
(1) This Constitution shall be the supreme law of the nation and no law,
ordinance, imperial rescript or other act of government, or part thereof,
contrary to the provisions hereof, shall have legal force or validity. (2) The treaties concluded by Japan and established laws of nations shall
be faithfully observed. Article 99 Binding for all Powers
Chapter XI Supplementary Provisions
(1) This Constitution shall be enforced as from the day when the period
of six months will have elapsed counting from the day of its promulgation. (2) The enactment of laws necessary for the enforcement of this Constitution,
the election of members of the House of Councilors and the procedure for the
convocation of the Diet 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.
(1) The term of office for half the members of the House of Councilors serving
in the first term under this Constitution shall be three years. (2) Members falling under this category shall be determined in accordance
with law. Article 103 Election of Successors
(1) 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. (2) When, however, successors are elected or appointed under the provisions
of this Constitution, they shall forfeit their positions as a matter of course. AsianLII: Copyright Policy
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resolution therefor.
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.
retired upon the attainment of the age as fixed by law.
At regular intervals and at least annually the Cabinet shall report to the Diet
and the people on the state of national finances.
The Emperor or the Regent as well as Ministers of States, members of the Diet,
judges, and all other public officials have the obligation to respect and uphold
this Constitution.
and other preparatory procedures necessary for the enforcement of this Constitution
may be executed before the day prescribed in the preceding paragraph.