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 re-scripts in
conflict herewith.
We,
the Japanese people, desire peace for all time and are
deeply conscious of the high ideals controlling human
relationship, and we have determined to preserve our
security and existence, trusting in the justice and faith
of the peace-loving peoples of the world. We desire to
occupy an honored place in an international society
striving for the preservation of peace, and the banishment
of tyranny and slavery, oppression, and intolerance for
all time from the earth. We recognize that all peoples of
the world have the right to live in peace, free from fear
and want.
We
believe that no nation is responsible to itself alone, but
that laws of political morality are universal; and that
obedience to such laws is incumbent upon all nations who
would sustain their own sovereignty and justify their
sovereign relationship with other nations.
We,
the Japanese people, pledge our national honor to
accomplish these high ideals and purposes with all our
resources.
Chapter
I The Emperor
Article
1 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
The
Imperial Throne shall be dynastic and succeeded to in
accordance with the Imperial House Law passed by the Diet.
Article
3
The
advice and approval of the Cabinet shall be required for
all acts of the Emperor in matters of state, and the
Cabinet shall be responsible there for.
Article
4
(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.
Article
5
(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.
Article
6
(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.
Article
7
The
Emperor, with the advice and approval of the Cabinet,
shall perform the following acts in matters of state on
behalf of the people:
1.
Promulgation of amendments of the constitution, laws,
cabinet orders and treaties.
2.
Convocation of the Diet.
3.
Dissolution of the House of Representatives.
4.
Proclamation of general election of members of the Diet.
5.
Attestation of the appointment and dismissal of Ministers
of State and other officials as provided for by law, and
of full powers and credentials of Ambassadors and
Ministers.
6.
Attestation of general and special amnesty, commutation of
punishment, reprieve, and restoration of rights.
7.
Awarding of honors.
8.
Attestation of instruments of ratification and other
diplomatic documents as provided for by law.
9.
Receiving foreign ambassadors and ministers.
10.
Performance of ceremonial functions.
Article
8
No
property can be given to, or received by, the Imperial
House, nor can any gifts be made there from, without the
authorization of the Diet.
Chapter
II Renunciation of War
Article
9
(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.
(3)
The right of aggression of the state will not be
recognized.
Chapter
III Rights and Duties of the People
Article
10
The
conditions necessary for being a Japanese national shall
be determined by law.
Article
11
(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
The
freedoms and rights guaranteed to the people by this
Constitution shall be maintained by the constant endeavor
of the people, who shall refrain from any abuse of these
freedoms and rights and shall always be responsible for
utilizing them for the public welfare.
Article
13
(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
(1)
All of the people are equal under the law and there shall
be no discrimination in political, economic, or social
relations because of race, creed, sex, social status, or
family origin.
(2)
Peers and peerage shall not be recognized.
(3)
No privilege shall accompany any award of honor,
decoration, or any distinction, nor shall any such award
be valid beyond the lifetime of the individual who now
holds or hereafter may receive it.
Article
15
(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.
Article
16
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
Every
person may sue for redress as provided by law from the
State or a public entity, in case he has suffered damage
through illegal act of any public official.
Article
18
No
person shall be held in bondage of any kind. Involuntary
servitude, except as punishment for crime, is prohibited.
Article
19
Freedom
of thought and conscience shall not be violated.
Article
20
(1)
Freedom of religion is guaranteed to all.
(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
(1)
Freedom of assembly and association as well as speech,
press, and all other forms of expression are guaranteed.
(2)
No censorship shall be maintained, nor shall the secrecy
of any means of communication be violated.
Article
22
(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.
Article
23
Academic
freedom is guaranteed.
Article
24
(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.
Article
25
(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
(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
(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.
Article
28
The
right of workers to organize and to bargain and act
collectively is guaranteed.
Article
29
(1)
The right to own or to hold property is inviolable.
(2)
Property rights shall be defined by law, in conformity
with the public welfare.
(3)
Private property may be taken for public use upon just
compensation therefor.
Article
30
The
people shall be liable to taxation as provided by law.
Article
31
No
person shall be deprived of life or liberty, nor shall any
other criminal penalty be imposed, except according to
procedure established by law.
Article
32
No
person shall be denied the right of access to the courts.
Article
33
No
person shall be apprehended except upon warrant issued by
a competent judicial officer which specifies the offense
with which the person is charged, unless he is
apprehended, the offense being committed.
Article
34
No
person shall be arrested or detained without being at once
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.
Article
35
(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.
Article
36
The
infliction of torture by any public officer and cruel
punishments are absolutely forbidden.
Article
37
(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
(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,
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.
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 sole law-making organ of the State.
Article
42
The
Diet shall consist of two Houses, namely the House of
Representatives and the House of Councilors.
Article
43
(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.
Article
44
(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
(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.
Article
46
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
districts, method of voting, and other matters pertaining
to the method of election of members of both Houses shall
be fixed by law.
Article
48
No
person shall be permitted to be a member of both Houses
simultaneously.
Article
49
Members
of both Houses shall receive appropriate annual payment
from the national treasury in accordance with law.
Article
50
Except
in cases provided by law, members of both Houses shall be
exempt from apprehension while the Diet is in session, and
any members apprehended before the opening of the session
shall be freed during the term of the session upon demand
of the House.
Article
51
Members
of both Houses shall not be held liable outside the House
for speeches, debates, or votes cast inside the House.
Article
52
An
ordinary session of the Diet shall be convoked once per
year.
Article
53
(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
(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.
Article
55
(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.
Article
56
(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.
Article
57
(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
resolution there for.
(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
(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
(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.
Article
60
(1)
The budget must first be submitted to the House of
Representatives.
(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
61
Article
60 (2) applies also to the Diet approval required for the
conclusion of treaties.
Article
62
Each
House may conduct investigations in relation to
government, and may demand the presence and testimony of
witnesses and the production of records.
Article
63
(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.
Article
64
(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.
Chapter
V The Cabinet
Article
65
Executive
power is vested in the Cabinet.
Article
66
(1)
The Cabinet consists of the Prime Minister, who shall be
its head, and other Ministers of State, as provided for by
law.
(2)
The Prime Minister and other Ministers of State must be
civilians.
(3)
The Cabinet, in the exercise of executive power, shall be
collectively responsible to the Diet.
Article
67
(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
(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
If
the House of Representatives passes a resolution of no
confidence, or rejects a confidence resolution, the
Cabinet shall resign altogether, unless the House of
Representatives is dissolved within ten days.
Article
70
When
there is a vacancy in the post of Prime Minister, or upon
the first convocation of the Diet after a general election
of members of the House of Representatives, the Cabinet
shall resign altogether.
Article
71
In
the cases mentioned in the two preceding articles, the
Cabinet shall continue its functions until the time when a
new Prime Minister is appointed.
Article
72
The
Prime Minister, representing the Cabinet, submits bills,
reports on general national affairs and foreign relations
to the Diet and exercises control and supervision over
various administrative branches.
Article
73
The
Cabinet, in addition to other general administrative
functions, shall perform the following functions:
1.
Administer the law faithfully; conduct affairs of state.
2.
Manage foreign affairs.
3.
Conclude treaties. However, it shall obtain prior or,
depending on circumstances, subsequent approval of the
Diet.
4.
Administer the civil service, in accordance with standards
established by law.
5.
Prepare the budget, and present it to the Diet.
6.
Enact cabinet orders in order to execute the provisions of
this Constitution and of the law. However, it cannot
include penal provisions in such cabinet orders unless
authorized by such law.
7.
Decide on general amnesty, special amnesty, commutation of
punishment, reprieve, and restoration of rights.
Article
74 [
All
laws and cabinet orders shall be signed by the competent
Minister of State and countersigned by the Prime Minister.
Article
75
(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.
Chapter
VI Judiciary
Article
76
(1)
The whole judicial power is vested in a Supreme Court and
in such inferior courts as are established by law.
(2)
No extraordinary tribunal shall be established, nor shall
any organ or agency of the Executive be given final
judicial power.
(3)
All judges are independent in the exercise of their
conscience and bound only by this Constitution and the
laws.
Article
77
(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.
Article
78
(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.
Article
79
(1)
The Supreme Court shall consist of a Chief Judge and such
number of judges as may be determined by law; all such
judges excepting the Chief Judge shall be appointed by the
Cabinet.
(2)
The appointment of the judges of the Supreme Court shall
be reviewed by the people at the first general election of
members of the House of Representatives following their
appointment, and shall be reviewed again at the first
general election of members of the House of
Representatives after a lapse of ten 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.
Article
80
(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 retired upon the attainment of the age as fixed by law.
(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
The
Supreme Court is the court of last resort with power to
determine the constitutionality of any law, order,
regulation, or official act.
Article
82
(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.
Chapter
VII Finance
Article
83
The
power to administer national finances shall be exercised
as the Diet shall determine.
Article
84
No
new taxes shall be imposed or existing ones modified
except by law or under such conditions as law may
prescribe.
Article
85
No
money shall be expended, nor shall the State obligate
itself, except as authorized by the Diet.
Article
86
The
Cabinet shall prepare and submit to the Diet for its
consideration and decision a budget for each fiscal year.
Article
87
(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.
Article
88
(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.
Article
89
No
public money or other property shall be expended or
appropriated for the use, benefit, or maintenance of any
religious institution or association, or for any
charitable, educational, or benevolent enterprises not
under the control of public authority.
Article
90
(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
At
regular intervals and at least annually the Cabinet shall
report to the Diet and the people on the state of national
finances.
Chapter
VIII Local Self-Government
Article
92
Regulations
concerning organization and operations of local public
entities shall be fixed by law in accordance with the
principle of local autonomy.
Article
93
(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.
Article
94
Local
public entities shall have the right to manage their
property, affairs, and administration and to enact their
own regulations within law.
Article
95
A
special law, applicable only to one local public entity,
cannot be enacted by the Diet without the consent of the
majority of the voters of the local public entity
concerned, obtained in accordance with law.
Chapter
IX Amendments
Article
96
(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.
Chapter
X Supreme Law
Article
97
The
fundamental human rights by this Constitution guaranteed
to the people of Japan are fruits of the age-old struggle
of man to be free; they have survived the many exacting
tests for durability and are conferred upon this and
future generations in trust, to be held for all time
inviolable.
Article
98
(1)
This Constitution shall be the supreme law of the nation
and no law, ordinance, imperial re-script or other act of
government, or part thereof, contrary to the provisions
hereof, shall have legal force or validity.
(2)
The treaties concluded by Japan and established laws of
nations shall be faithfully observed.
Article
99
The
Emperor or the Regent as well as Ministers of States,
members of the Diet, judges, and all other public
officials have the obligation to respect and uphold this
Constitution.
Chapter
XI Supplementary Provisions
Article
100
(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 and other preparatory procedures necessary for the
enforcement of this Constitution may be executed before
the day prescribed in the preceding paragraph.
Article
101
If
the House of 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.
Article
102
(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
(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.