英文・日本国憲法

THE

CONSTITUTION OF JAPANI rejoice that the foundation for the construction of a new Japan has been laidaccording to the will of the Japanese people, and hereby sanction and promulgate theamendments of the Imperial Japanese Constitution effected following the consultation
with the Privy Council and the decision of the Imperial Diet made in accordance with
Article 73 of the said Constitution.
Signed: HIROHITO, Seal of the Emperor
This third day of the eleventh month of the twenty-first year of Showa (November 3,
1946)
Countersigned:
Prime Minister and concurrently
Minister for Foreign Affairs

YOSHIDA Shigeru

Minister of State

Baron SHIDEHARA Kijiuro

Minister of Justice

KIMURA Tokutaro

Minister for Home Affairs

OMURA Seiichi

Minister of Education

TANAKA Kotaro

Minister of Agriculture and Forestry

WADA Hiroo

Minister of StateSAITO Takao

Minister of Communications

HITOTSUMATSU Sadayoshi

Minister of Commerce and Industry

HOSHIJIMA Niro

Minister of Welfare

KAWAI Yoshinari

Minister of State

UEHARA Etsujiro

Minister of Transportation

HIRATSUKA Tsunejiro

Minister of Finance

ISIBASHI Tanzan

Minister of State

KANAMORI Tokujiro

Minister of StateZEN Keinosuke

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 fruitsof 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, theauthority 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. Thisis 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 highideals 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 thepreservation of peace, and the banishment of tyranny and slavery, oppression andintolerance for all time from the earth. We recognize that all peoples of the world havethe right to live in peace, free from fear and want.
We believe that no nation is responsible to itself alone, but that laws of politicalmorality are universal; and that obedience to such laws is incumbent upon all nations
who would sustain their own sovereignty and justify their sovereign relationship withother nations.
We, the Japanese people, pledge our national honor to accomplish these high ideals
and purposes with all our resources.
CHAPTER Ⅰ. THE EMPEROR
Article１ 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. The Imperial Throne shall be dynastic and succeeded to in accordancewith the Imperial House Law passed by the Diet.
Article 3. The advice and approval of the Cabinet shall be required for all acts of theEmperor in matters of state, and the Cabinet shall be responsible therefore.
Article 4. The Emperor shall perform only such acts in matters of state as areprovided for in this Constitution and he shall not have powers related to government.
The Emperor may delegate the performance of his acts in matters of state as may beprovided by low.
Article 5.

When, in accordance with the Imperial House Low, a Regency isestablished, 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 Diet.
The Emperor shall appoint the Chief Judge of the Supreme Court as designated by

the Cabinet.
Article 7. The Emperor, with the advice and approval of the Cabinet, shall performthe following acts in matters of state on behalf of the people:
Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
Convocation of the Diet.
Dissolution of the House of the Representatives.
Proclamation of general election of members of the Diet.
Attestation of the appointment and dismissal of the Ministers of State and otherofficials as provided for by low, and of full powers and credentials of Ambassadors andMinisters.
Attestation of general and special amnesty, commutation of punishment, reprieve,
and restoration of rights.
Awarding of honors.
Attestation of instruments of ratification and other diplomatic documents as provided
for by low.
Receiving foreign ambassadors and ministers.
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 thethreat or use of force as means of settling international disputes.
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 thestate will not be recognized.
CHAPTER Ⅲ. RIGHTS AND DUTIES OF THE PEOPLE
Article10.

The conditions necessary for being a Japanese national shall be

determined by law.
Article11. The people shall not be prevented from enjoying any of the fundamental
human rights. These fundamental human rights guaranteed to the people by thisConstitution shall be conferred upon the people of this and future generations as eternal
and inviolate rights.
Article12. 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 themfor the public welfare.
Article13. All of the people shall be respected as individuals. Their right to life,
liberty, and the pursuit 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.
Article14.

All of the people are equal under the law and there shall be nodiscrimination in political, economic or social relations because of race, creed, sex, social
status or family origin.
Peers and peerage shall not be recognized.
No privilege shall accompany any award of honor, decoration or any distinction, norshall any such award be valid beyond the lifetime of the individual who now holds orhereafter may receive it.
Article15. The people have the inalienable right to choose their public officials andto dismiss them.
All public officials are servants of whole community and not of any group thereof.
Universal adult suffrage is guaranteed with regard to the election of public officials.
In all elections, secrecy of the ballot shall not be violated. A voter shall not beanswerable, publicly or privately, for the choice he has made.
Article16. Every person shall have the right of peaceful petition for the redress ofdamage, for the removal of public officials, for the enactment, repel or amendment oflaws, ordinances or regulations and for other matters; nor shall any person be in any
way discriminated against for sponsoring such a petition.
Article17. Every person may sue for redress as provided by law from the State or apublic entity, in case he has suffered damage through illegal act of any public official.
Article18. No person shall be held in bondage of any kind. Involuntary servitude,
except as punishment for crime, is prohibited.
Article19. Freedom of thought and conscience shall not be violated.
Article20. Freedom of religion is guaranteed to all. No religious organization shallreceive any privileges from the State, nor exercise any political authority.
No person shall be compelled to take part in any religious acts, celebration, rite orpractice.
The State and its organs shall refrain from religious education or any other religious
activity.
Article21. Freedom of assembly and association as well as speech, press and allother forms of expression are guaranteed.
No censorship shall be maintained, nor shall the secrecy of any means ofcommunication be violated.
Article22. Every person shall have freedom to choose and change his residence andto choose his occupation to the extent that it does not interfere with the public welfare.
Freedom of all persons to move to a foreign country and to divest themselves of theirnationality shall be inviolate.
Article23. Academic freedom is guaranteed.
Article24. 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 andwife as a base.
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.
Article25. All people shall have the right to maintain the minimum standards ofwholesome and cultured living.
In all spheres of life, the State shall use its endeavors for the promotion and extensionof social welfare and security, and of public health.
Article26.

All people shall have the right to receive an equal education

correspondent to their ability, as provided by law.
All people shall be obligated to have all boys and girls under their protection receive
ordinary educations as provided for by law. Such compulsory education shall be free.
Article27. All people shall have the right and the obligation to work.
Standards for wages, hours, rest and other working conditions shall be fixed by law.
Children shall be not exploited.
Article28. The right of workers to organize and to bargain and act collectively isguaranteed.
Article 29. The right to own or to hold property is inviolable.
Property rights shall be defined by law, in conformity with the public welfare.
Private property may be taken for public use upon just compensation therefore.
Article 30. The people shall be liable to taxation as provided 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 acompetent judicial officer which specifies the offense with which the person is charged,

unless he is apprehended, the offence being committed.
Article 34. 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.
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.
Each search or seizure shall be made upon separate warrant issued by a competentjudicial officer.
Article 36.

The infliction of torture by any public officer and punishment are

absolutely forbidden.
Article 37. In all criminal cases the accused shall enjoy the right to a speedy andpublic trial by an impartial tribunal.
He shall be permitted full opportunity to examine all witnesses, and shall have theright of compulsory process for obtaining witnesses on his behalf at public expense.
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 theState.
Article 38. No person shall be compelled to testify against himself.
Confession made under compulsion, torture or threat, or after prolonged arrest or
detention shall not be admitted in evidence.
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 has been acquitted, nor shall he be placed indouble jeopardy.
Article 40. Any person, in case he is acquitted after he has been arrested or detained,
may sue the State for redress as provided by law.
CHAPTER Ⅳ. THE DIET
Article 41. The Diet shall be the highest organ of state power, and shall be the solelaw-making organ of the state.
Article 42.

The Diet shall consist of two Houses, namely the House ofRepresentatives and the House of Councillors.

Article 43. Both Houses shall consist of elected members, representative of all thepeople.
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 befour years. However, the term shall be terminated before the full term is up in case theHouse 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 district, method of voting and other matters pertaining to themethod 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 be receive appropriate annual payment
from the national treasury in accordance with law.
Article 50. Except in cases provided by law, members of both Houses shall be exempt
from apprehension while the Diet is in session, and any members apprehend before theopening of the session shall be freed during the term of the session upon demand of theHouse.
Article 51. Members of both Houses shall not be held liable outside the House forspeeches, 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, theCabinet must determine on such convocation.
Article 54. When the House of Representatives is dissolved, there must be a generalelection of members of the House of Representatives within forty(40) days from the dateof dissolution, and the Diet must be convoked within thirty(30) days from the date of theelection.
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 theHouse of Councillors in emergency session.
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 members, it is necessary to pass a resolution bya majority of two-thirds or more of the members present.
Article 56. Business cannot be transacted in either House unless one-third or moreof total membership is present.
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 shalldecide 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 therefore.
Each House shall keep a record of proceedings. This record shall be published andgiven general circulation, excepting such parts of proceedings of secret session as may
be deemed to require secrecy.
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 an other officials.
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 amember, 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 by the Constitution.
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 0f Representatives,
become a law when passed a second time by the House of Representatives by a majorityof two-thirds or more of the members present.
The provision of the preceding paragraph does not preclude the House ofRepresentatives from calling for the meeting of a joint committee of both Houses,
provided for by law.
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.
Upon consideration of the budget, when the House of Councillors makes a decisiondifferent from that of the House of Representatives, and when no agreement can bereached even through a joint committee of both Houses, provided for by law, or in thecase of failure by the House of Councillors to take final action within thirty(30) days, theperiod of recess excluded, after the receipt of the budget passed by the House ofRepresentatives, the decision of the House of Representatives shall be decision of the
Diet.
Article 61. The second paragraph of the preceding article applies also to the Dietapproval required for the conclusion of treaties.
Article 62. Each House may conduct investigation in relation to government, andmay 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 inorder to give answers or explanations.
Article 64.

The Diet shall set up an impeachment court from among the members ofboth Houses for the purpose of trying those judges against whom removal proceedings
been instituted.
Matters relating to impeachment shall be provided 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.
The Prime Minister and other Ministers of State must be civilians.
The Cabinet, in the exercise of executive power, shall be collectively responsible to theDiet.
. Article 67. The Prime Minister shall be designated from among the members of theDiet by a resolution of the Diet. This designation shall precede all other business.
If the House of Representatives and the House of Councillors disagree and if noagreement can be reached even through a joint committee of both Houses, provided forby 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 madedesignation, the decision of the House of Representatives shall be decision of the Diet.
Article 68.

The Prime Minister shall appoint the Minister of State. However, amajority of their member must be chosen from among the members of the Diet.
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

reject a confidence resolution, the Cabinet shall resign en masse, unless the House ofRepresentatives 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 ofRepresentatives, the Cabinet shall resign en masse.
Article 71.

In the cases mentioned in the two preceding articles, the Cabinet shallcontinue 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 andsupervision over various administrative branches.
Article 73. The Cabinet, in addition to other general administrative functions, shallperform the following functions:
Administer the law faithfully; conduct affairs of state.
Manage foreign affairs.
Conclude treaties. However, it shall obtain prior or, depending on circumstances,subsequent approval of the Diet.
Administer the civil service, in accordance with standards establish by law.
Prepare the budget, and present it to the Diet.
Enact cabinet orders in order to execute the provisions of this Constitution and of thelaw. However, it cannot include penal provisions in such cabinet orders unlessauthorized by such law.
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 ofState and countersigned by the Prime Minister.
Article 75. The Ministers of State, during their tenure of office, shall not be subject
to legal action without the consent of the Prime Minister. However, the right to takethat action is not impaired hereby.
CHAPTER Ⅵ JUDICIARY
Article 76. The whole judicial power is vested in a Supreme Court and in suchinferior courts as are established by law.
No extraordinary tribunal shall be established, nor shall any organ or agency of theExecutive be given final judicial power.
All judges shall be independent in the exercise of theie conscience and shall be boundonly 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.
Public procurators shall be subject to the rule-making power of the Supreme Court.
The Supreme Court may delegate the power to make rules for inferior courts to suchcourts.
Article 78.

Judges shall not be removed except by public impeachment unlessjudicially 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 ofjudges as may be determined by law; all such judges excepting the Chief Judge shall be
appointed by the Cabinet.
The appointment of the judges of the Supreme Court shall be reviewed by thepeople at the first general election of members the House of Representations following
their appointment, and shall be reviewed again at the first general election of membersof the House of Representatives after a lapse of ten(10) years, and in the same manner
thereafter.
In case mentioned in the foregoing paragraph, when the majority of the voters favors
the dismissal of a judge, he shall be dismissed.
Matters pertaining to review shall be prescribed by law.
The judges of Supreme Court shall be retired upon the attainment of the age as fixedby law.
All such judges shall receive, at regular stated intervals, adequate compensation withshall not be decreased their terms of office.
Article 80. The judges of the inferior courts shall be appointed by the Cabinet from alist persons nominated by the Supreme Court. All such judges shall hold office for aterm of ten(10) years with privilege of reappointment, provided that they shall beretired upon the attainment of the age as fixed by law.
The judges of the inferior court shall receive, at regular stated intervals, adequate
compensation which shall not be decreased their terms of office.
Article 81. The Supreme Court is the court of last resort with power to determine
the constitutionalty of any law, order, regulation or official act.

Article 82. Trials shall be conducted and judgment declared publicly.
Where are a court unanimously determines publicity to be dangerous to public orderor 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 Ⅲof 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 Dietshall 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 asauthorized by the Diet.
Article 86. The Cabinet shall prepare and submit to the Diet for its considerationand decision a budget for each fiscal year.
Article 87. In order to provide for unforeseen deficiencies in budget, a reserve fund
may be authorized by the Diet to be expended upon the responsibility of the Cabinet.
The Cabinet must get subsequent approval of the Diet for all payments from thereserve 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 forthe use, benefit or maintenance any religious institution or association, or for any
charitable, educational or benevolent enterprises not under the control of publicauthority.
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 Cabinet to the Diet, together
with the statement of audit, during the fiscal year immediately following the period
covered.
The organization and competency of the Board of Audit shall be determined by law.
Article 91. At regular intervals and at least annually the Cabinet shall report to theDiet and the people on the state of the national finances.
CHAPTE Ⅷ. LOCAL SELF-GOVERAMENT
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.
The chief executive officers of all local public entities, the members of their assemblies,
and such other local officers 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 mange their property, affaires
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 ⅨAMENDMENTS

Article 96. Amendments to this Constitution shall be initiated by the Diet, througha concurring vote of two-thirds or more of all the members of each House and shallthereupon be submitted to the people for ratification, which shall require theaffirmative vote of a majority of all votes cast thereon, at a special referendum or atsuch election as the Diet shall specify.
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 thepeople 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 theprovisions hereof, shall have legal force or validity.
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 theDiet , judges, and other public officials shall 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.
The enactment of laws necessary for the enforcement of this Constitution, the electionof members of the House of Councillors and the procedure for the convocation of the Dietand other preparatory procedures 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 ofthis Constitution, the House of Representatives shall function as the Diet until suchtime 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 fallingunder this category shall be determined in according with law.
Article 103. The Ministers of State, members of the House of Representatives, andjudges 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 thisConstitution shall not forfeit their positions automatically on account of theenforcement of this Constitution unless otherwise specified by law. When, however,successors are elected or appointed under the provisions of this Constitution, they shallforfeit their position as a matter of course.