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For more detailed information on Japanese policy and other such matters, see the following home pages. Ministry of Foreign Affairs Website http://www.mofa.go.jp/ Web http://web-japan.org/ THE OF JAPAN

THE We, the , acting through our duly elected representatives in the National , determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a First session of the universal principle of mankind upon which is incumbent upon all nations who would Diet under the new this Constitution is founded. We reject and sustain their own and justify their Constitution of Japan revoke all , , ordinances, and The new constitution sovereign relationship with other nations. became effective on rescripts in conflict herewith. We, the Japanese people, pledge our , 1947. The We, the Japanese people, desire peace for photo shows the first national honor to accomplish these high ideals opening ceremony of all time and are deeply conscious of the high and purposes with all our resources. the Diet under the new ideals controlling human relationship, and we constitution held on June 23, 1947. At the back of have determined to preserve our security and Chapter I. The Emperor the podium at center is existence, trusting in the justice and faith of the Article 1. The Emperor shall be the Emperor . © Kodansha peace-loving peoples of the world. We desire symbol of the and of the unity of the to occupy an honored place in an international people, deriving his position from the will society striving for the preservation of peace, of the people with whom resides sovereign and the banishment of tyranny and , power. oppression and intolerance for all time from Article 2. The Imperial Throne shall be the earth. We recognize that all peoples of the dynastic and succeeded to in accordance with world have the right to live in peace, free from the Imperial House passed by the Diet. fear and want. Article 3. The advice and approval of We believe that no nation is responsible to the Cabinet shall be required for all acts of the itself alone, but that laws of political morality Emperor in matters of state, and the Cabinet are universal; and that obedience to such laws shall be responsible therefor.

THE CONSTITUTION OF JAPAN 1 Article 4. The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government. Constitution of Japan The Emperor may delegate the the Japanese people forever renounce war as a The official manuscript performance of his acts in matters of state as sovereign right of the nation and the threat or of the constitution is use of force as means of settling international preserved in the National may be provided by law. Archives. Above right is Article 5. When, in accordance with the disputes. the page containing the Imperial House Law, a Regency is established, In order to accomplish the aim of the preamble. Above center and left are the pages the Regent shall perform his acts in matters preceding paragraph, land, sea, and air forces, bearing the imperial of state in the Emperor’s name. In this case, as well as other war potential, will never be seal and the signatures of the emperor and the paragraph one of the preceding article will be maintained. The right of belligerency of the government ministers. applicable. state will not be recognized. © National Archives Article 6. The Emperor shall appoint the Prime Minister as designated by the Diet. Chapter III. and Duties of the The Emperor shall appoint the Chief People Judge of the as designated by Article 10. The conditions necessary for the Cabinet. being a Japanese national shall be determined Article 7. The Emperor, with the advice by law. and approval of the Cabinet, shall perform the Article 11. The people shall not following acts in matters of state on behalf of be prevented from enjoying any of the the people: fundamental . These fundamental of amendments of the human rights guaranteed to the people by constitution, laws, cabinet orders and this Constitution shall be conferred upon the . people of this and future generations as eternal Convocation of the Diet. and inviolate rights. Dissolution of the House of Representa- Article 12. The freedoms and rights tives. guaranteed to the people by this Constitution Proclamation of general election of shall be maintained by the constant endeavor members of the Diet. of the people, who shall refrain from any abuse Attestation of the appointment and of these freedoms and rights and shall always dismissal of Ministers of State and be responsible for utilizing them for the public other officials as provided for by law, welfare. and of full powers and credentials of Article 13. All of the people shall be Ambassadors and Ministers. respected as individuals. Their , Attestation of general and special liberty, and the pursuit of happiness shall, to amnesty, commutation of punishment, the extent that it does not interfere with the reprieve, and restoration of rights. public welfare, be the supreme consideration in Awarding of honors. legislation and in other governmental affairs. Attestation of instruments of Article 14. All of the people are and other diplomatic documents as equal under the law and there shall be no provided for by law. discrimination in political, economic or social Receiving foreign ambassadors and relations because of race, creed, sex, social ministers. status or family origin. Performance of ceremonial functions. Peers and peerage shall not be Article 8. No property can be given to, recognized. or received by, the Imperial House, nor can No privilege shall accompany any award any gifts be made therefrom, without the of honor, decoration or any distinction, nor authorization of the Diet. shall any such award be valid beyond the lifetime of the individual who now holds or Chapter II. Renunciation of War hereafter may receive it. Article 9. Aspiring sincerely to an Article 15. The people have the inalienable international peace based on justice and order, right to choose their public officials and to

THE CONSTITUTION OF JAPAN 2 dismiss them. only on the mutual consent of both sexes All public officials are servants of the and it shall be maintained through mutual whole community and not of any group cooperation with the equal rights of husband thereof. and wife as a basis. Universal adult suffrage is guaranteed With regard to choice of spouse, property with regard to the election of public officials. rights, inheritance, choice of domicile, divorce In all elections, secrecy of the ballot and other matters pertaining to marriage shall not be violated. A voter shall not be and the family, laws shall be enacted from answerable, publicly or privately, for the choice the standpoint of individual dignity and the he has made. essential equality of the sexes. Article 16. Every person shall have the Article 25. All people shall have the right of peaceful petition for the redress of right to maintain the minimum standards of damage, for the removal of public officials, wholesome and cultured living. for the enactment, repeal or amendment of In all spheres of life, the State shall use laws, ordinances or regulations and for other its endeavors for the promotion and extension matters; nor shall any person be in any way of social welfare and security, and of public discriminated against for sponsoring such a health. petition. Article 26. All people shall have the right Article 17. Every person may sue for to receive an equal education correspondent to redress as provided by law from the State or a their ability, as provided by law. public entity, in case he has suffered damage All people shall be obligated to have all through illegal act of any public official. boys and girls under their protection receive Article 18. No person shall be held in ordinary educations as provided for by law. bondage of any kind. Involuntary servitude, Such shall be free. except as punishment for crime, is prohibited. Article 27. All people shall have the right Article 19. and and the obligation to work. conscience shall not be violated. Standards for wages, hours, rest and Article 20. is other working conditions shall be fixed by law. guaranteed to all. No religious organization Children shall not be exploited. shall receive any privileges from the State, nor Article 28. The right of workers to exercise any political authority. organize and to bargain and act collectively is No person shall be compelled to take guaranteed. part in any religious acts, celebration, rite or Article 29. The right to own or to hold practice. property is inviolable. The State and its organs shall refrain Property rights shall be defined by law, from religious education or any other religious in conformity with the public welfare. activity. Private property may be taken for public Article 21. and use upon just compensation therefor. association as well as speech, press and all Article 30. The people shall be liable to other forms of expression are guaranteed. taxation as provided by law. No censorship shall be maintained, Article 31. No person shall be deprived nor shall the secrecy of any means of of life or liberty, nor shall any other criminal communication be violated. penalty be imposed, except according to Article 22. Every person shall have procedure established by law. freedom to choose and change his residence Article 32. No person shall be denied the and to choose his occupation to the extent that right of access to the courts. it does not interfere with the public welfare. Article 33. No person shall be Freedom of all persons to move to a apprehended except upon warrant issued by foreign country and to divest themselves of a competent judicial officer which specifies their nationality shall be inviolate. the offense with which the person is charged, Article 23. is unless he is apprehended, the offense being guaranteed. committed. Article 24. Marriage shall be based Article 34. No person shall be arrested or

THE CONSTITUTION OF JAPAN 3 detained without being at once informed of the Article 42. The Diet shall consist of two charges against him or without the immediate Houses, namely the House of Representatives privilege of counsel; nor shall he be detained and the House of Councillors. without adequate cause; and upon demand of Article 43. Both Houses shall consist of any person such cause must be immediately elected members, representative of all the shown in open court in his presence and the people. presence of his counsel. The number of the members of each Article 35. The right of all persons to House shall be fixed by law. be secure in their homes, papers and effects Article 44. The qualifications of members against entries, searches and seizures shall not of both Houses and their electors shall be be impaired except upon warrant issued for fixed by law. However, there shall be no adequate cause and particularly describing the discrimination because of race, creed, sex, social place to be searched and things to be seized, or status, family origin, education, property or except as provided by Article 33. income. Each search or seizure shall be made Article 45. The term of office of members upon separate warrant issued by a competent of the House of Representatives shall be four judicial officer. years. However, the term shall be terminated Article 36. The infliction of by before the full term is up in case the House of any public officer and cruel punishments are Representatives is dissolved. absolutely forbidden. Article 46. The term of office of members Article 37. In all criminal cases the of the House of Councillors shall be six years, accused shall enjoy the right to a speedy and and election for half the members shall take public trial by an impartial tribunal. place every three years. He shall be permitted full opportunity Article 47. Electoral districts, method of to examine all witnesses, and he shall have voting and other matters pertaining to the the right of compulsory process for obtaining method of election of members of both Houses witnesses on his behalf at public expense. shall be fixed by law. At all times the accused shall have the Article 48. No person shall be permitted assistance of competent counsel who shall, if to be a member of both Houses simultaneously. the accused is unable to secure the same by his Article 49. Members of both Houses shall own efforts, be assigned to his use by the State. receive appropriate annual payment from the Article 38. No person shall be compelled national treasury in accordance with law. to testify against himself. Article 50. Except in cases provided by Confession made under compulsion, law, members of both Houses shall be exempt torture or threat, or after prolonged arrest or from apprehension while the Diet is in session, shall not be admitted in evidence. and any members apprehended before the No person shall be convicted or opening of the session shall be freed during the punished in cases where the only proof against term of the session upon demand of the House. him is his own confession. Article 51. Members of both Houses Article 39. No person shall be held shall not be held liable outside the House criminally liable for an act which was lawful for speeches, debates or votes cast inside the at the time it was committed, or of which he House. has been acquitted, nor shall he be placed in Article 52. An ordinary session of the Diet . shall be convoked once per year. Article 40. Any person, in case he Article 53. The Cabinet may determine is acquitted after he has been arrested or to convoke extraordinary sessions of the Diet. detained, may sue the State for redress as When a quarter or more of the total members provided by law. of either House makes the demand, the Cabinet must determine on such convocation. Chapter IV. The Diet Article 54. When the House of Represen- Article 41. The Diet shall be the highest tatives is dissolved, there must be a general organ of state power, and shall be the sole election of members of the House of Repre- law-making organ of the State. sentatives within forty (40) days from the date

THE CONSTITUTION OF JAPAN 4 of dissolution, and the Diet must be convoked provided by the Constitution. within thirty (30) days from the date of the A bill which is passed by the House of election. Representatives, and upon which the House When the House of Representatives is of Councillors makes a decision different dissolved, the House of Councillors is closed from that of the House of Representatives, at the same time. However, the Cabinet may in becomes a law when passed a second time by time of national emergency convoke the House the House of Representatives by a majority of of Councillors in emergency session. two-thirds or more of the members present. Measures taken at such session as The provision of the preceding mentioned in the proviso of the preceding paragraph does not preclude the House of paragraph shall be provisional and shall Representatives from calling for the meeting of become null and void unless agreed to by a joint committee of both Houses, provided for the House of Representatives within a period by law. of ten (10) days after the opening of the next Failure by the House of Councillors session of the Diet. to take final action within sixty (60) days Article 55. Each House shall judge after receipt of a bill passed by the House of disputes related to qualifications of its Representatives, time in recess excepted, may members. However, in order to deny a seat to be determined by the House of Representatives any member, it is necessary to pass a resolution to constitute a rejection of the said bill by the by a majority of two-thirds or more of the House of Councillors. members present. Article 60. The budget must first be Article 56. Business cannot be transacted submitted to the House of Representatives. in either House unless one-third or more of Upon consideration of the budget, when total membership is present. the House of Councillors makes a decision All matters shall be decided, in each different from that of the House of Represen- House, by a majority of those present, except tatives, and when no agreement can be as elsewhere provided in the Constitution, reached even through a joint committee of and in case of a tie, the presiding officer shall both Houses, provided for by law, or in the decide the issue. case of failure by the House of Councillors to Article 57. Deliberation in each House take final action within thirty (30) days, the shall be public. However, a secret meeting may period of recess excluded, after the receipt of be held where a majority of two-thirds or more the budget passed by the House of Represen- of those members present passes a resolution tatives, the decision of the House of Represen- therefor. tatives shall be the decision of the Diet. Each House shall keep a record of Article 61. The second paragraph of proceedings. This record shall be published the preceding article applies also to the Diet and given general circulation, excepting such approval required for the conclusion of treaties. parts of proceedings of secret session as may Article 62. Each House may conduct be deemed to require secrecy. investigations in relation to government, and Upon demand of one-fifth or more of the may demand the presence and testimony of members present, votes of the members on any witnesses, and the production of records. matter shall be recorded in the minutes. Article 63. The Prime Minister and other Article 58. Each House shall select its own Ministers of State may, at any time, appear in president and other officials. either House for the purpose of speaking on Each House shall establish its rules bills, regardless of whether they are members pertaining to meetings, proceedings and of the House or not. They must appear when internal discipline, and may punish members their presence is required in order to give for disorderly conduct. However, in order to answers or explanations. expel a member, a majority of two-thirds or Article 64. The Diet shall set up an more of those members present must pass a court from among the members resolution thereon. of both Houses for the purpose of trying those Article 59. A bill becomes a law on judges against whom removal proceedings passage by both Houses, except as otherwise have been instituted.

THE CONSTITUTION OF JAPAN 5 Matters relating to impeachment shall be relations to the Diet and exercises control provided by law. and supervision over various administrative branches. Chapter V. The Cabinet Article 73. The Cabinet, in addition to Article 65. power shall be other general administrative functions, shall vested in the Cabinet. perform the following functions: Article 66. The Cabinet shall consist of Administer the law faithfully; conduct the Prime Minister, who shall be its head, and affairs of state. other Ministers of State, as provided for by Manage foreign affairs. law. Conclude treaties. However, it shall obtain The Prime Minister and other Ministers prior or, depending on circumstances, of State must be civilians. subsequent approval of the Diet. The Cabinet, in the exercise of executive Administer the civil service, in power, shall be collectively responsible to the accordance with standards established Diet. by law. Article 67. The Prime Minister shall Prepare the budget, and present it to the be designated from among the members Diet. of the Diet by a resolution of the Diet. This Enact cabinet orders in order to execute designation shall precede all other business. the provisions of this Constitution and If the House of Representatives and of the law. However, it cannot include the House of Councillors disagree and if no penal provisions in such cabinet orders agreement can be reached even through a joint unless authorized by such law. committee of both Houses, provided for by Decide on general amnesty, special law, or the House of Councillors fails to make amnesty, commutation of punishment, designation within ten (10) days, exclusive reprieve, and restoration of rights. of the period of recess, after the House of Article 74. All laws and cabinet orders Representatives has made designation, the shall be signed by the competent Minister of decision of the House of Representatives shall State and countersigned by the Prime Minister. be the decision of the Diet. Article 75. The Ministers of State, during Article 68. The Prime Minister shall their tenure of office, shall not be subject to appoint the Ministers of State. However, a legal action without the consent of the Prime majority of their number must be chosen from Minister. However, the right to take that action among the members of the Diet. is not impaired hereby. The Prime Minister may remove the Ministers of State as he chooses. Chapter VI. Article 69. If the House of Representa- Article 76. The whole judicial power is tives passes a non-confidence resolution, or vested in a Supreme Court and in such inferior rejects a confidence resolution, the Cabinet courts as are established by law. shall resign en masse, unless the House of No extraordinary tribunal shall be Representatives is dissolved within ten (10) established, nor shall any organ or agency of days. the Executive be given final judicial power. Article 70. When there is a vacancy in All judges shall be independent in the the post of Prime Minister, or upon the first exercise of their conscience and shall be bound convocation of the Diet after a general election only by this Constitutuion and the laws. of members of the House of Representatives, Article 77. The Supreme Court is vested the Cabinet shall resign en masse. with the rule-making power under which Article 71. In the cases mentioned in it determines the rules of procedure and of the two preceding articles, the Cabinet shall practice, and of matters relating to attorneys, continue its functions until the time when a the internal discipline of the courts and the new Prime Minister is appointed. administration of judicial affairs. Article 72. The Prime Minister, Public procurators shall be subject to the representing the Cabinet, submits bills, rule-making power of the Supreme Court. reports on general national affairs and foreign The Supreme Court may delegate the

THE CONSTITUTION OF JAPAN 6 power to make rules for inferior courts to such Where a court unanimously determines courts. publicity to be dangerous to public order or Article 78. Judges shall not be removed morals, a trial may be conducted privately, but except by public impeachment unless judicially trials of political offenses, offenses involving declared mentally or physically incompetent the press or cases wherein the rights of to perform official duties. No dis-ciplinary people as guaranteed in Chapter III of this action against judges shall be administered by Constitution are in question shall always be any executive organ or agency. conducted publicly. Article 79. The Supreme Court shall consist of a Chief Judge and such number Chapter VII. Finance of judges as may be determined by law; all Article 83. The power to administer such judges excepting the Chief Judge shall be national finances shall be exercised as the Diet appointed by the Cabinet. shall determine. The appointment of the judges of the Article 84. No new taxes shall be imposed Supreme Court shall be reviewed by the or existing ones modified except by law or people at the first general election of members under such conditions as law may prescribe. of the House of Representatives following Article 85. No money shall be expended, their appointment, and shall be reviewed nor shall the State obligate itself, except as again at the first general election of members authorized by the Diet. of the House of Representatives after a lapse Article 86. The Cabinet shall prepare and of ten (10) years, and in the same manner submit to the Diet for its consideration and thereafter. decision a budget for each fiscal year. In cases mentioned in the foregoing Article 87. In order to provide for paragraph, when the majority of the voters unforeseen deficiencies in the budget, a favors the dismissal of a judge, he shall be reserve fund may be authorized by the Diet dismissed. to be expended upon the responsibility of the Matters pertaining to review shall be Cabinet. prescribed by law. The Cabinet must get subsequent The judges of the Supreme Court shall approval of the Diet for all payments from the be retired upon the attainment of the age as reserve fund. fixed by law. Article 88. All property of the Imperial All such judges shall receive, at regular Household shall belong to the State. All stated intervals, adequate compensation which expenses of the Imperial Household shall be shall not be decreased during their terms of appropriated by the Diet in the budget. office. Article 89. No public money or other Article 80. The judges of the inferior property shall be expended or appropriated for courts shall be appointed by the Cabinet from the use, benefit or maintenance of any religious a list of persons nominated by the Supreme institution or association, or for any charitable, Court. All such judges shall hold office for educational or benevolent enterprises not a term of ten (10) years with privilege of under the control of public authority. reappointment, provided that they shall be Article 90. Final accounts of the retired upon the attainment of the age as fixed expenditures and revenues of the State shall by law. be audited annually by a and The judges of the inferior courts shall submitted by the Cabinet to the Diet, together receive, at regular stated intervals, adequate with the statement of audit, during the fiscal compensation which shall not be decreased year immediately following the period covered. during their terms of office. The organization and competency of the Article 81. The Supreme Court is the Board of Audit shall be determined by law. court of last resort with power to determine Article 91. At regular intervals and at the constitutionality of any law, order, least annually the Cabinet shall report to the regulation or official act. Diet and the people on the state of national Article 82. Trials shall be conducted and finances. judgment declared publicly.

THE CONSTITUTION OF JAPAN 7 Chapter VIII. Local Self-Government The treaties concluded by Japan and Article 92. Regulations concerning established laws of nations shall be faithfully organization and operations of local public observed. entities shall be fixed by law in accordance Article 99. The Emperor or the Regent with the principle of local autonomy. as well as Ministers of State, members of the Article 93. The local public entities shall Diet, judges, and all other public officials establish assemblies as their deliberative have the obligation to respect and uphold this organs, in accordance with law. Constitution. The chief executive officers of all local public entities, the members of their Chapter XI. Supplementary Provisions assemblies, and such other local officials as Article 100. This Constitution shall be may be determined by law shall be elected enforced as from the day when the period of by direct popular vote within their several six months will have elapsed counting from communities. the day of its promulgation. Article 94. Local public entities shall have The enactment of laws necessary for the the right to manage their property, affairs enforcement of this Constitution, the election and administration and to enact their own of members of the House of Councillors and regulations within law. the procedure for the convocation of the Article 95. A special law, applicable only Diet and other preparatory procedures for to one local public entity, cannot be enacted by the enforcement of this Constitution may be the Diet without the consent of the majority of executed before the day prescribed in the the voters of the local public entity concerned, preceding paragraph. obtained in accordance with law. Article 101. If the House of Councillors is not constituted before the effective date of this Chapter IX. Amendments Constitution, the House of Representatives Article 96. Amendments to this Constitu- shall function as the Diet until such time as the tion shall be initiated by the Diet, through House of Councillors shall be constituted. a concurring vote of two-thirds or more of Article 102. The term of office for half the all the members of each House and shall members of the House of Councillors serving thereupon be submitted to the people for in the first term under this Constitution shall ratification, which shall require the affirmative be three years. Members falling under this vote of a majority of all votes cast thereon, at category shall be determined in accordance a special or at such election as the with law. Diet shall specify. Article 103. The Ministers of State, Amendments when so ratified shall members of the House of Representatives, immediately be promulgated by the Emperor and judges in office on the effective date of in the name of the people, as an integral part this Constitution, and all other public officials, of this Constitution. who occupy positions corresponding to such positions as are recognized by this Constitution Chapter X. Supreme Law shall not forfeit their positions automatically on Article 97. The fundamental human account of the enforcement of this Constitution rights by this Constitution guaranteed to unless otherwise specified by law. When, the people of Japan are fruits of the age-old however, successors are elected or appointed struggle of man to be free; they have survived under the provisions of this Con-stitution, the many exacting tests for durability and are they shall forfeit their positions as a matter of conferred upon this and future generations in course. trust, to be held for all time inviolate. Article 98. This Constitution shall be the supreme law of the nation and no law, Date of Promulgation: November 3, 1946 ordinance, imperial rescript or other act of Date of Enforcement: May 3, 1947. government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.

THE CONSTITUTION OF JAPAN 8