*1*

IIPS Draft for Revising the Constitution

PreambleWe, the Japanese people, inhabiting beautiful islands in East Asia washed by the Pacificwaves, and holding the Emperor, who has lived in harmony with us for ages untold, as
the symbol of the unity of the people, have developed a distinctive culture andcharacteristic national lifestyle.
We shall formulate a new state structure consistent with our long history andmaintain our integrity and independence, and aspire to achieve the ideal of harmony
among all humankind.
The Japanese state is a democracy in which sovereignty resides in the people. The
national government is the responsibility of the people’s representatives based upon
popular trust and is intended to benefit the people.
We firmly adhere to a state structure based upon respect for freedom, democracy,
human rights and peace.
We sincerely desire international peace based on justice and order and will serve in
the international community to achieve this.
We will work to promote the development of Japanese society with freedom,
fairness and vitality and to enhance the popular welfare. While placing special emphasison education, we will strive to co-exist in harmony with nature and make every effort topreserve the global environment.
We will contribute proactively to the development not only of Japanese culture butof other world cultures as well, recognizing the importance of culture in fostering global
harmony and solidarity.
We the Japanese people, cognizant of the historical significance of the Meiji
Constitution of 1889 and the Showa Constitution of 1946, do hereby adopt, in the nameof our people, this Constitution as the basic charter for the Japanese state in this new
era.
(Status of the Emperor)
Article 1. The Emperor shall be the head of state of Japan wherein sovereignty resides
in the people, and the symbol of their unity.

Version 10 of 8 June 05

*2*

Chapter I. Popular Sovereignty(Popular sovereignty and the exercise thereof)
Article 2. Sovereignty resides in the people, and this sovereignty shall be exercised byelecting representatives to the national Diet and voting in national referenda.
(Elections)
Article 3. The election and dismissal of public officials is a right reserved to and a
responsibility of the people.
2. Universal adult suffrage, free and secret ballots, and equal weighting of all ballots
shall be guaranteed in the election of public officials.
3. No voter shall be answerable, publicly or privately, for the choice he has made.
(Political parties)
Article 4. The people shall be able to form political parties freely.
2. Political parties shall respect the principle of popular sovereignty, cooperate in thecreation of the popular political will, and work for the development of democratic
government.
(Accountability)
Article 5. The state shall disclose information relating to affairs of state and be fully
answerable to the people so as to contribute to the exercise of their sovereignty as
provided by law.
Chapter II. The Emperor(The Imperial House Law)
Article 6. The Imperial Throne shall be dynastic and succeeded in accordance with theImperial House Law passed by the Diet.
(The Emperor’s authority)
Article 7. The Emperor shall perform only such acts in matters of state as are provided
for in this Constitution and shall have no powers related to government.
2. The Emperor may delegate the performance of his acts in matters of state as may beprovided by law.

Version 10 of 8 June 05

*3*

3. The advice and approval of the Prime Minister shall be required for all acts of theEmperor in matters of state, and the Prime Minister shall be responsible therefor.
(Regency)
Article 8. Should a Regency be established in accordance with the Imperial House Law,
the Regent shall perform his acts in matters of state in the Emperor's name. In such case,paragraph one of the preceding Article shall apply mutatis mutandis.
(The Emperor’s appointive authority)
Article 9. The Emperor shall appoint the Prime Minister as designated by the House ofRepresentatives.
2. The Emperor shall appoint the Chief Justice of the Constitutional Court as designatedby the Diet.
3. The Emperor shall appoint the Chief Justice of the Supreme Court as designated by
the Prime Minister.
(The Emperor’s performance of acts of state)
Article 10. The Emperor shall perform the following acts in matters of state with theadvice and approval of the Prime Minister on behalf of the people.
a. Promulgation of amendments to the Constitution, laws, cabinet orders, and treaties.
b. Issuance of promulgation convening the Diet.
c. Issuance of promulgation dissolving the House of Representatives.
d. Proclamation of general election of members of the House of Representatives andordinary election of members of the House of Councillors.
e. 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.
f. Attestation of general and special amnesty, commutation of punishment, reprieve, andrestoration of rights.
g. Awarding of honors.
h. Attestation of instruments of ratification and other diplomatic documents as provided
for by law.
i. Receiving foreign ambassadors and ministers.
j. Performance of ceremonial functions.
Chapter III. National Security and International Cooperation

Version 10 of 8 June 05

*4*(Renunciation of war, security, defense force, participation in international
peace-keeping and other activities, and civilian control)
Article 11. Aspiring sincerely to advocate an international peace based on justice andorder, the Japanese people forever renounce war as a sovereign right of the nation andthe threat or use of force, as means of settling international disputes.
2. Japan shall possess a defense force to preserve its own peace and independence andto ensure the security of the state and of the people.
3. Japan may have its defense force take part in activities under the auspices ofinternational organizations and international cooperative frameworks so as to preserve
international peace and security and to provide humanitarian assistance.
4. The authority to direct and supervise the defense force shall be invested in the Prime
Minister. Prior approval or ex post facto approval as appropriate by the Diet shall be
required should the Prime Minister direct the defense force to engage in actions
involving use of force.
Chapter IV. Rights and Responsibilities of the People(Qualifications for nationality)
Article 12. The conditions necessary for being a Japanese national shall be determinedby law.
(Fundamental human rights)
Article 13. All people inherently possess all fundamental human rights. Thesefundamental human rights are guaranteed to the people of this and future generations as
eternal and inviolate by this Constitution.
2. The rights in the preceding paragraph are equally guaranteed to non-Japanese as well,
except when they are intrinsically limited to Japanese nationals.
(Freedoms and rights)
Article 14. The freedoms and rights guaranteed to the people under this Constitution
shall be maintained by the constant endeavor of each and every person, who shallrefrain from any abuse of these freedoms and rights.
2. All people shall respect each other’s freedoms and rights.
(Respect for the individual and the right to life, liberty, and the pursuit of happiness)
Article 15. All people shall be respected as individuals. Their right to life, liberty, andVersion 10 of 8 June 05

*5*

the pursuit of happiness shall be respected to the utmost in legislation and in othergovernmental affairs to the extent that such is compatible with the public welfare.
(Equality before the law)
Article 16. All people are equal under the law and there shall be no discrimination inpolitical, economic, or social relations because of race, creed, sex, place of residence, or
social status.
2. Peers and peerage shall not be recognized.
3. No privilege shall accompany any award of honor, decoration, or any distinction. The
awarding of honors, decorations, or distinctions shall be as determined by law.
4. No award shall be valid beyond the lifetime of the individual who now holds orhereafter may receive it.
(Public officials’ essential status)
Article 17. All public officials are servants of the whole community and not of any part
thereof. All public officials shall constantly endeavor to manifest the freedoms andrights guaranteed under this Constitution.
(Freedom of thought and conscience)
Article 18. Freedom of thought and conscience shall not be violated.
(Freedom of religion and prohibition of privileges from the state)
Article 19. Freedom of religion is guaranteed to all. No religious organization shallreceive any privileges from the State nor exercise any political authority.
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 any activity that supports, assists,
promotes, suppresses, or interferes with any specific religion.
(Freedom of expression)
Article 20. Freedom of speech, press, and all other forms of expression is guaranteed.
2. Censorship shall be prohibited.
3. The secrecy of any means of communication shall not be violated.
(Freedom of assembly and association)
Article 21. Freedom of assembly and association is guaranteed.

Version 10 of 8 June 05

*6*(Academic freedom and freedom of creative activity)
Article 22. Academic freedom is guaranteed.
2. Freedom of arts, scholarship, science and technology, and other creative pursuits isguaranteed. Intellectual property rights are protected as specified by law.
(Individual integrity)
Article 23. No person’s good name, trustworthiness, or reputation shall be unjustly
besmirched.
2. All people shall be protected from inappropriate interference with their private affairs
and family affairs and shall have the right to refuse to disclose same.
(Freedom from servitude)
Article 24. No person shall be subject to involuntary servitude of any kind, except as
punishment for crime.
(Freedom of residence and mobility)
Article 25. All people shall have the freedom to choose and change their residence.
2. All people shall have the freedom to move to a foreign country and to divest
themselves of their nationality.
(Freedom of occupation and business)
Article 26. All people shall have the freedom to choose and pursue their occupation andbusiness to the extent that such is not detrimental to the public interest.
(Property rights)
Article 27. The right to own or hold property is inviolable.
2. Property rights shall be defined by law, consistent with the public interest.
3. Private property may be taken for public use upon just compensation therefor.
(Individual dignity and equality of the sexes in the family)
Article 28. The household is the basic unit of society. All people shall endeavor tomaintain and define the families of which they themselves are members.
2. Marriage shall be based on the mutual consent of the sexes and shall be maintained
through mutual cooperation with the equal rights of husband and wife as a basis.
3. The family, as premised upon individual dignity and the essential equality of thesexes, is defended by the state.

Version 10 of 8 June 05

*7*

4. Laws shall be enacted regarding choice of spouse, property rights, inheritance, choiceof residence, divorce, and other matters pertaining to marriage and the family from thestandpoint of individual dignity and the essential equality of the sexes.
(Right to life and state obligation)
Article 29. All people shall have the right to maintain the minimum standards ofwholesome and cultured living.
2. In all spheres of life, the State shall endeavor to promote and extend social welfare,social security, and public health.
(Environmental rights)
Article 30. All people shall have the right to enjoy a wholesome environment and shallbe responsible for endeavoring to maintain same.
2. The State shall endeavor to maintain a wholesome natural environment.
(Right to education)
Article 31. All people shall have the right to receive an education correspondent to theirabilities as provided by law.
2. All people shall be obligated to have all children under their protection receive atleast minimum education as provided by law. Such compulsory education shall be free.
(Right and obligation to work)
Article 32. 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.
(Right to organize)
Article 33. The right of workers to organize and to bargain and act collectively isguaranteed.
(Duty to pay taxes)
Article 34. All people shall be liable to taxation as provided by law.
(Responsibility to defend peace and independence)
Article 35. All people shall be responsible for defending the peace and the
independence of the State.

Version 10 of 8 June 05

*8*(Guarantee of due process)Article 36. No person shall be deprived of life or liberty, nor shall any other criminal oradministrative penalty be imposed, without due process of law.
(Right to trial)
Article 37. No person shall be denied the right of access to the courts.
(Conditions for arrest)
Article 38. No person shall be apprehended except upon warrant issued by a competentjudge which specifies the offense with which the person is charged, unless he isapprehended in the act of committing the offense.
(Conditions for detention)
Article 39. 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 bedetained 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.
(Inviolability of the home)
Article 40. Except as provided in Article 38, no person shall be subject to entries,
searches, and seizures of his residence, papers, or other belongings without due cause
and, in the case of searches and seizures, the showing of a warrant.
2. Each search or seizure must be made upon separate warrant issued by a competentjudge.
(Prohibition of torture and cruel punishment)
Article 41. The infliction of torture by any public official is absolutely forbidden, as iscruel punishment.
(Rights of the accused)
Article 42. In all criminal cases the accused shall have the right to a speedy and public
trial by an impartial tribunal.
2. The accused shall be permitted full opportunity to examine all witnesses and shallhave the right of compulsory process for obtaining witnesses on his behalf at public
expense.

Version 10 of 8 June 05

*9*

3. The accused, including while in custody, shall at all times have the assistance ofcompetent counsel who shall, if the accused is unable to secure same by his own efforts,
be assigned to him by the State.
(Defendant rights)
Article 43. No person shall be compelled to testify against himself.
2. No confession made under compulsion, torture or threat, or after prolonged arrest or
detention shall be admitted in evidence.
3. No person shall be convicted or punished in cases where the only proof against him is
his own confession.
(Prohibition of retroactive application and double jeopardy)
Article 44. No person shall be held criminally liable for an act which was lawful at thetime it was committed, or of which he has been acquitted, nor shall he be placed indouble jeopardy.
(Right to redress for unlawful detention)
Article 45. Any person, in case he is acquitted after he has been arrested or detained,
may sue the State for redress as provided by law.
(Right of peaceful petition)
Article 46. Every person shall have the right of peaceful petition for the redress ofdamages, for the removal of public officials, for the enactment, repeal, or amendment oflaws, ordinances, or regulations, and for other matters, and no person shall be in any
way discriminated against for sponsoring such a petition.
(Right to redress for illegal acts)
Article 47. Every person who has suffered as a result of any illegal act of any public
official may sue the State or public entity for redress as provided by law.
Chapter V. The Diet
(Legislative authority)
Article 48. The authority to enact laws shall reside in the Diet.

Version 10 of 8 June 05

* 10 *

(Bicamerality)
Article 49. The Diet shall consist of two Houses: the House of Representatives and theHouse of Councillors.
(House structure)
Article 50. Both Houses shall consist of elected members, representative of all thepeople.
2. The number of members of each House shall be fixed by law.
(Diet members and electors’ qualifications)
Article 51. The qualifications of members of both Houses and their electors shall be
fixed by law. There shall be no discrimination because of race, creed, sex, place ofresidence, social status, education, property, or income.
(House of Representatives term)
Article 52. The term of office of members of the House of Representatives shall be four(4) years. However, the term shall be terminated before the full term is up in case theHouse of Representatives is dissolved.
(House of Councillors term)
Article 53. The term of office of members of the House of Councillors shall be six (6)years, with election for one-half the members taking place every three (3) years.
(Elections)
Article 54. Electoral districts, method of voting, and other matters pertaining to themethod of election of members of both Houses shall be fixed by law. Provided,
however, that members of the House of Representatives shall be directly elected by thepeople.
(Prohibition of simultaneous membership)
Article 55. No person shall be permitted to be a member of both Houses
simultaneously.
(Compensation of members)
Article 56. Members of both Houses shall receive appropriate annual compensationfrom the national treasury in accordance with law.

Version 10 of 8 June 05

* 11 *

(Immunity from arrest)
Article 57. Except in cases provided by law, members of both Houses shall be exempt
from apprehension while the Diet is in session, and any member apprehended before theopening of the session shall be freed during the term of the session upon demand of theHouse.
(Non-liability outside the House)
Article 58. Members of both Houses shall not be held liable outside the House forspeeches, debates, or votes cast inside the House.
(Annual ordinary sessions)
Article 59. An ordinary session of the Diet shall be convened once per year.

(Convocation of extraordinary sessions)
Article 60. The Prime Minister may determine to convene extraordinary sessions of theDiet. Provided, however, that the Prime Minister must determine to convene such a
session should one-fourth or more of the total members of either House so demand.
(Dissolution of the House of Representatives and emergency sessions of the House ofCouncillors)
Article 61. Should the House of Representatives be dissolved, there must be a generalelection of members of the House of Representatives within forty (40) days after thedate of dissolution, and the Diet must be convened within thirty (30) days after the dateof the election.
2. When the House of Representatives is dissolved, the House of Councillors is closed
at the same time. However, the Prime Minister may convene the House of Councillors
in emergency session in time of national emergency.
3. Measures taken at such session as provided in the preceding paragraph shall be
provisional and shall become null and void unless agreed to by the House ofRepresentatives within ten (10) days after the opening of the next session of the Diet.
(Adjudication of member qualifications)
Article 62. Each House shall judge disputes related to qualifications of its members.

Version 10 of 8 June 05

* 12 *

However, denying a seat to any member shall require a resolution passed by a majorityof two-thirds or more of the members present.
(Quorum and voting)
Article 63. Votes cannot be held in either House unless one-third or more of the total
membership is present.
2. All matters shall be decided, in each House, by a majority of those present, except asotherwise provided in this Constitution; and in case of a tie, the presiding officer shalldecide the issue.
(Public and closed sessions, record to be kept)
Article 64. Deliberation in each House shall be open to the public. However, a closed
session may be held should a majority of two-thirds or more of those members present
pass a resolution therefor.
2. Each House shall keep a record of its proceedings. This record shall be published andgiven general circulation, excepting such parts of proceedings of closed sessions as may
be deemed to require secrecy.
3. Upon demand of one-fifth or more of the members present, the votes of the members
on any matter shall be recorded in the minutes.
(Election of officers and establishment of rules)
Article 65. Each House shall select its own presiding officer and other officials.
2. Each House shall establish its rules pertaining to meetings, proceedings, and internal
discipline and may discipline 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.
(Passage of bills and primacy of the House of Representatives)
Article 66. A bill becomes a law upon passage by both Houses, except as otherwise
provided by this Constitution.
2. A bill which is passed by the House of Representatives and upon which the House ofCouncillors makes a decision different from that of the House of Representatives
becomes law when passed a second time by the House of Representatives.
3. The provision of the preceding paragraph does not preclude the House ofRepresentatives from calling for a meeting of a joint committee of both Houses asprovided for by law.

Version 10 of 8 June 05

* 13 *

4. The second passage by the House of Representatives as provided for in paragraph
two shall take place after sixty (60) days following the decision by the House ofCouncillors, time in recess excepted.
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 rejection of said bill by theHouse of Councillors.
(House of Representatives to consider a budget bill first and to have primacy)
Article 67. A budget bill must be submitted first to the House of Representatives.
2. Upon consideration of a budget bill, should the House of Councillors make a decisiondifferent from that of the House of Representatives, and should no agreement bereached even through a joint committee of both Houses as provided for by law, or
should the House of Councillors fail to take final action within thirty (30) days, time inrecess excluded, after the receipt of the budget bill passed by the House ofRepresentatives, the decision of the House of Representatives shall be the decision of
the Diet.
(Treaty ratification and primacy of the House of Representatives)
Article 68. Paragraph two of Article 67 shall apply mutatis muntandis to the Dietapproval required for the ratification of treaties.
(Consent on the appointment of public officials)
Article 69. The appointment of important public officials as designated by law shallrequire the consent of the House of Councillors.
(Investigative authority)
Article 70. Each House may conduct investigations in relation to government and may
demand the presence and testimony of witnesses and the production of records. Suchinvestigations must be conducted when they have the support of one-tenth or more of
the members of each House.
2. Both Houses, in conducting investigations pursuant to the provisions of the preceding
paragraph, shall keep a record of the results and shall disclose said record to the public,
except in such cases as are deemed to require extraordinary secrecy.

Version 10 of 8 June 05

* 14 *

(Cabinet members’ obligation to answer questions and right to attend sessions)
Article 71. Both Houses shall be able to request the attendance of the Prime Minister
and Ministers of State for the purpose of obtaining answers or explanations. Upon said
request, the Prime Minister and Ministers of State shall attend the House session.
2. Regardless of whether they are members of a House or not, the Prime Minister andMinisters of State may speak at any time in either House to the issues before the Houseand their handling.
(Impeachment and removal)
Article 72. The House of Councillors shall empanel an impeachment court from amongits members for the purpose of trying those judges against whom removal proceedings
have been instituted.
2. The House of Representatives shall empanel a removal proceedings committee fromamong its Members for the purposes of deciding whether or not to institute the removal
proceedings of the preceding paragraph.
3. Matters relating to removal proceedings and impeachment shall be provided by law.
Chapter VI. The Prime Minister(Executive authority and responsibility to the Diet)
Article 73. Executive authority shall be vested in the Prime Minister.
2. In exercising executive authority, the Prime Minister shall be responsible to the Diet.
(Nomination of the Prime Minister)
Article 74. General elections shall be conducted to elect the members of the House ofRepresentatives and to nominate the Prime Minister.
2. In general elections, each political party shall clearly indicate its candidate for Prime
Minister.
(Designation of the Prime Minister)
Article 75. The Prime Minister shall be designated from among the members of theHouse of Representatives by a resolution of the House of Representatives. This
designation shall precede all other business.

Version 10 of 8 June 05

* 15 *

2. Should no candidate receive the endorsement of a majority of the votes cast in thedesignation in the preceding paragraph, a run-off vote shall be conducted between thetwo candidates who have received the largest numbers of votes and the candidate
winning the larger number of votes shall be designated.
(Right to dissolve the House of Representatives and no-confidence motions)
Article 76. The Prime Minister shall be able to dissolve the House of Representatives.
2. The Prime Minster shall dissolve the House of Representatives if it passes a
non-confidence resolution or rejects a confidence resolution.
(Composition of the Cabinet)
Article 77. The Cabinet shall consist of the Prime Minister and such supporting
Ministers of State as provided for by law.
2. The Prime Minister and Ministers of State must be civilians.
(Appointment and removal of Ministers of State)
Article 78. The Prime Minister shall appoint the Ministers of State. Provided, however,that a majority of their number must be chosen from among the members of the Diet.
2. The Prime Minister may remove Ministers of State at his discretion.
(Resignation of the Cabinet)
Article 79. The Cabinet shall resign en masse upon the first convocation of the Dietafter a general election of members of the House of Representatives.
2. In the event of resignation under the preceding paragraph, the Cabinet shall continue
to perform its duties as stipulated under this Constitution until such time as a new Prime
Minister is designated.
(Prime Minister pro tempore)
Article 80. Should the Prime Minister be incapacitated or the office of the Prime
Minister be vacant, the pre-designated Minister of State shall perform the functions ofPrime Minister pro tempore.
(Responsibilities of the Prime Minister)
Article 81. The Prime Minister shall be responsible for deciding the basic directions forimportant Cabinet policies.

Version 10 of 8 June 05

* 16 *

2. The Prime Minister shall submit legislation, budget bills, and other motions to theDiet for deliberation and shall report to the Diet on general matters of state and foreign
affairs.
3. The Prime Minister shall direct and supervise the executive branch.
(Responsibilities of Ministers of State)
Article 82. Ministers of State shall supervise the conduct of executive actions in theirareas of portfolio as provided by law.
2. Ministers of State shall be responsible for conducting executive actions in their areasof portfolio in keeping with the basic directions set forth by the Prime Minister.
(Duties of the Prime Minister)
Article 83. The Prime Minister shall perform the following duties, in addition to othergeneral executive functions, with the support and assistance of Ministers of State.
a. Administer the law faithfully and conduct affairs of state.
b. Manage foreign affairs.
c. Conclude treaties. Provided, however, that this shall require obtaining the prior or,
depending upon circumstances, subsequent approval of the Diet.
d. Manage public officials in accordance with standards established by law.
e. Prepare the budget bill.
f. Issue cabinet orders in order to execute the provisions of this Constitution and of thelaw. However, such cabinet orders cannot include penal provisions unless authorized bysuch law.
g. Decide on general amnesties, special amnesties, commutations of punishment,
reprieves, and restorations of rights.
(National referenda)
Article 84. The Prime Minister shall be able to submit bills that he has submitted to theDiet to national referenda.
2. In the case of submitting a bill to a national referendum under the provisions of thepreceding paragraph, the motion shall first have had to have gained the support of
one-third or more of the members of each House of the Diet.
3. The Prime Minister shall have a duty to report and explain the results of thereferendum to the Diet.
4. Should a bill be submitted to national referendum, the Diet shall be bound by the
results of said referendum.

Version 10 of 8 June 05

* 17 *

5. Provisions relating to the holding of national referenda shall be decided by law.
(Signing of laws and Cabinet orders)
Article 85. All laws and Cabinet orders shall be signed by the competent Minister ofState and countersigned by the Prime Minister.
(Special privileges of Ministers of State)
Article 86. Ministers of State shall not be subject to legal action without the consent of
the Prime Minister during their tenure of office. However, the right to institute such
legal action is not impaired hereby.
(Declaration of state of emergency and command authority)
Article 87. Should a situation arise that infringes upon or threatens to infringe upon thenation’s independence or security or the people’s lives, persons, and property, the Prime
Minister shall, should he deem such necessary to deal with said situation, be able todeclare a state of emergency in all or part of the nation as provided by law.
2. Should the Prime Minister declare a state of emergency, he shall assume directcommand of not only the defense force but also the police, maritime safety agency, fire
departments, and other executive organs, as well as the heads of local public entities.
(Need for Diet approval for and lifting of the state of emergency)
Article 88. Should the Prime Minister declare a state of emergency, he shall submit theaction to the Diet within twenty (20) days for approval. Should the House ofRepresentatives be dissolved, he shall seek the approval of the House of Councillors in
extraordinary session.
2. Should the Diet not approve the Prime Minister’s having declared a state of
emergency or deem such to have been unnecessary, the state of emergency shall bepromptly lifted.
(Respect for fundamental human rights and due process during a state of emergency)
Article 89. Should the Prime Minister declare a state of emergency, he shall be able tocurtail the freedoms and rights guaranteed by this Constitution only to the minimum
extent necessary as provided by law to protect the people’s lives, their persons, and theirproperty.
2. In taking such action under the provisions of the preceding paragraph, the Prime
Minister shall nonetheless respect fundamental human rights.

Version 10 of 8 June 05

* 18 *

3. The measures under paragraph one must be taken in accordance with fair andappropriate procedures, and measures must also be taken promptly to compensate thepeople for the abridgement of their rights and interests.
Chapter VII. The Judiciary(Judicial authority, prohibition of special tribunals, and independence of court officials)
Article 90. The whole judicial authority is vested in a Constitutional Court, a Supreme
Court, and such lower courts as established by law.
2. No extraordinary tribunal shall be established, nor shall any organ or agency of the
Executive be given final judicial authority.
3. All judges shall be independent in the exercise of their conscience and shall be boundonly by this Constitution and the laws.
(Constitutional Court to determine constitutionality)
Article 91. The Constitutional Court is the court of last resort with power to determine
the constitutionality of any treaty, law, order, regulation, or official act.
(Constitutional Court’s jurisdiction)
Article 92. The Constitutional Court shall have jurisdiction over the following.
a. Determining, in the event of a petition by the Cabinet or one-third or more of themembers of either House of the Diet as provided by law, whether any treaty, law, order,
regulation, or other act of government is compatible with this Constitution.
b. Determining in specific court cases whether or not a specific item is in accord withthis Constitution when so requested by the Supreme Court or any lower court asprovided by law.
c. Passing judgment on specific court cases when petition is filed contesting the verdictof the Supreme Court as provided by law.
(Force of Constitutional Court verdict of unconstitutionality)
Article 93. Should the Constitutional Court render a judgment that any treaty, law,order, regulation, or official act is unconstitutional, such judgment shall thereafter bebinding on the State and all local public entities.
(Constitutional Court justices, terms, and compensation)
Article 94. The Constitutional Court shall consist of a Chief Justice and such number of

Version 10 of 8 June 05

* 19 *

justices as may be determined by law, with all but the Chief Justice being appointed halfeach by the Diet and the Prime Minister.
2. The term of office of Constitutional Court justices shall be ten (10) years, without thepossibility of reappointment.
3. Constitutional Court justices shall receive, at regular stated intervals, adequate
compensation, which shall not be decreased during their term of office.
(Supreme Court justices, terms, and compensation)
Article 95. The Supreme Court shall consist of a Chief Justice and such number ofjustices as may be determined by law, with all but the Chief Justice being appointed by
the Prime Minister.
2. The term of office of Supreme Court justices shall be ten (10) years, with thepossibility of reappointment.
3. All Supreme Court justices shall receive, at regular stated intervals, adequate
compensation which shall not be decreased during their terms of office.
(Lower court judges, terms, retirement, and compensation)
Article 96. Lower court judges shall be appointed by the Prime Minister from a list of
persons nominated by the Supreme Court. The term of office of lower court judges shallbe ten (10) years, with the possibility of reappointment. They shall, however, be retired
upon the attainment of the age as fixed by law.
2. Lower court judges shall receive, at regular stated intervals, adequate compensation
which shall not be decreased during their terms of office.
(Supreme Court and Constitutional Court rule-making authority)
Article 97. The Supreme Court shall be vested with the rule-making authority todetermine the rules of court procedure, and of matters relating to attorneys, the internal
discipline of the courts, and the administration of judicial affairs.
2. Provided, however, that the Constitutional Court shall be vested with the rule-making
authority to determine such matters relating to the Constitutional Court.
3. Public prosecutors shall be subject to the rule-making authority of the Constitutional
Court and the Supreme Court.
4. The Supreme Court may delegate the authority to make rules for lower courts to suchcourts.

Version 10 of 8 June 05

* 20 *

(Judges not to be removed without due cause)
Article 98. Judges shall not be removed except by public impeachment unless legallydeclared mentally or physically incompetent to perform their official duties. No
disciplinary action against judges shall be administered by any executive organ or
agency.
(Open and public trials)
Article 99. Trials shall be conducted and judgments declared publicly.
2. Should a court unanimously determine publicity to be dangerous to public order or
morals, a trial may be conducted in camera, but trials for political offenses, offenses
involving the press or cases wherein the rights of people as guaranteed in Chapter IV ofthis Constitution are in question shall always be conducted publicly.
Chapter VIII. Finances(Basic principle of financial management)
Article 100. The Prime Minister shall manage the nation’s finances in keeping with theresolutions of the Diet.
2. The national government must endeavor to ensure sound financial management.
(Taxation)
Article 101. No new taxes shall be imposed or existing taxes modified except by law or
under such conditions as law may prescribe.
(Expenditure of public moneys and assumption of public obligations)
Article 102. No money shall be expended, nor shall the State obligate itself, except asauthorized by the Diet.
(Budget bills and multiyear expenditures)
Article 103. The Prime Minister shall prepare and submit to the Diet for its
consideration and decision a budget bill for each fiscal year.
2. When multiyear expenditures are approved, the number of years shall simultaneously
be specified by the Diet.
(Reserve fund)
Article 104. In order to provide for unforeseen deficiencies in the budget, a reserve

Version 10 of 8 June 05

* 21 *

fund may be authorized by the Diet to be expended upon the responsibility of the Prime
Minister.
2. The Prime Minister must obtain ex post facto Diet approval for all expenditures fromthe reserve fund.
(Imperial Household finances)
Article 105. 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.
(Restrictions on use of public moneys)
Article 106. No public moneys or other property shall be expended or appropriated forthe use, benefit, or maintenance of any religious institution or association; nor shall such
be expended or appropriated for any charitable, educational or benevolent enterprise notunder the control of public authority, as specified by law.
(Settlement and audits)
Article 107. Final accounts of the expenditures and revenues of the State shall be
audited annually by a Board of Audit and submitted by the Prime Minister to the Diet,
together with the statement of audit, during the fiscal year immediately following theperiod covered.
2. The organization and competency of the Board of Audit shall be determined by law.
(Report on finances)
Article 108. The Prime Minister shall report to the Diet and the people on the state ofnational finances at regular intervals and at least annually.
Chapter IX. Local Government(Basic principle of local government)
Article 109. Local government shall in principle be conducted by local public entities
and local residents of their own will and on their own responsibility to deal with matters
directly affecting the daily lives of the people who live in the area.
2. Regulations concerning the organization, authority, and operation of local public
entities shall be fixed by law respecting the principle set forth in the preceding
paragraph.

Version 10 of 8 June 05

* 22 *

(Assemblies and direct election of officials)
Article 110. Local public entities shall establish assemblies as their legislative organs inaccordance with law.
2. The chief executive officers of all local public entities, the members of theirassemblies, and such other local officials as may be determined by law shall be electedby direct popular vote of area residents.
(Local government authority)
Article 111. Local public entities shall have the right to manage their property, affairs,
and administration and to enact their own regulations within the scope provided by law.
2. Local public entities shall be able to enact regulations levying taxes as needed for the
exercise of their authority. They must, however, endeavor to ensure sound financial
management.
(Exceptional local referenda)
Article 112. No extraordinary law applicable to a local government may be enacted by
the Diet without the consent of the majority of the voters of the local government
jurisdiction concerned as expressed in referendum in accordance with law.
Chapter X. Constitutional Revision(Procedures and force of revision)
Article 113. Revision of the Constitution shall be initiated by the Diet through aconcurring vote of a majority of all the members of each House and such proposed
revisions shall thereupon be submitted to the people for ratification; such ratification
shall require the affirmative vote of a majority of all votes cast thereon at a nationalreferendum or at such election as the Diet shall specify.
2. The newly ratified articles shall immediately be promulgated by the Emperor
in the name of the people, as an integral part of this Constitution.
Chapter XI. Supreme Law(The Constitution’s supremacy)
Article 114. This Constitution shall be the supreme law of the State and no treaty, law,

Version 10 of 8 June 05

* 23 *

regulation, or other act of government, or part thereof, contrary to the provisions hereof
shall have legal force or validity.
(Respect for international laws)
Article 115. The treaties concluded by Japan and established laws of nations shall befaithfully observed.

(Obligation to respect and uphold the Constitution)
Article 116. The Emperor or the Regent as well as the Prime Minister, Ministers ofState, members of the Diet, judges, and all other public officials have the obligation torespect and uphold this Constitution.
N. B. In the above draft “he” is used as a non-gender pronoun.

Version 10 of 8 June 05