زیر مجموعه ها
قانون اساسی کشور ژاپن(انگلیسی)
| اطلاعات بیشتر قانون | |||
|---|---|---|---|
| تصویب شده | قانون اساسی کشور ها | ||
| تاریخ تصویب | 1357/11/22 | ||
| شناسه | 1D7AA773-4B2E-4C27-899C-083CFE69CAEF | ||
| وضعیت | منسوخ نشده | ||
Japan - Constitution
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{ Adopted on: 3 Nov 1946 }
{ Effective since: 3 May 1947 }
{ ICL Document Status: 1994 }
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
rescripttts 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 [Dynastic Throne]
The Imperial Throne shall be dynastic and succeeded to in accordance with the
Imperial House Law passed by the Diet.
Article 3 [Cabinet Approval and Responsibility]
The advice and approval of the Cabinet shall be required for all acts of the
Emperor in matters of state٫ and the Cabinet shall be responsible therefor.
Article 4 [Rule of Law for Emperor]
(1) The Emperor shall perform only such acts in matters of state as are
provided for in this Constitution and he shall not have powers related to
government.
(2) The Emperor may delegate the performance of his acts in matters of state as
may be provided by law.
Article 5 [Regency]
(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 [Appointments]
(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 [Functions]
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 [Property Authorization]
No property can be given to٫ or received by٫ the Imperial House٫ nor can any
gifts be made therefrom٫ without the authorization of the Diet.
Chapter II Renunciation of War
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. The right
of aggression of the state will not be recognized.
Chapter III Rights and Duties of the People
Article 10 [Citizenship]
The conditions necessary for being a Japanese national shall be determined by
law.
Article 11 [Fundamental Human Rights]
(1) The people shall not be prevented from enjoying any of the fundamental
human rights.
(2) These fundamental human rights٫ guaranteed to the people by this
Constitution٫ shall be conferred upon the people of this and future generations
as irrevocable and inviolable rights.
Article 12 [Goal to Preserve Freedom and Rights]
The freedoms 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 [Individual Rights]
(1) All of the people shall be respected as individuals.
(2) Their right to live٫ liberty٫ and the pursuit of happiness
shall٫ to the extent that it does not interfere with the public welfare٫ be the
supreme consideration in legislation and in other governmental affairs.
Article 14 [No Discrimination and Privileges]
(1) All of the people are equal under the law 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 [Electoral Rights]
(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 [Right to Petition]
Every person shall have the right to peacefully petition for the redress of
damage٫ for the removal of public officials٫ for the enactment٫ repeal or
amendment of laws٫ ordinances or regulations٫ and for other matters; nor
shall any person be in any way discriminated against for sponsoring such a
petition.
Article 17 [Recourse to the Courts]
Every person may sue for redress as provided by law from the State or a public
entity٫ in case he has suffered damage through illegal act of any public
official.
Article 18 [Personal Freedom]
No person shall be held in bondage of any kind. Involuntary servitude٫ except
as punishment for crime٫ is prohibited.
Article 19 [Freedom of Thought and Conscience]
Freedom of thought and conscience shall not be violated.
Article 20 [Freedom of Religion٫ Secularity of the State]
(1) Freedom of religion 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 [Communicative Rights]
(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 [Right to Move٫ Freedom of Profession]
(1) Every person shall have freedom to choose and change his residence and to
choose his occupation to the extent that it does not interfere with the public
welfare.
(2) Freedom of all persons to move to a foreign country and to divest
themselves of their nationality shall be inviolate.
Article 23 [Academic Freedom]
Academic freedom is guaranteed.
Article 24 [Matrimonial Equality]
(1) Marriage shall be based only on the mutual consent of both sexes and it
shall be maintained through mutual cooperation with the equal rights of husband
and wife as a basis.
(2) With regards to choice of spouse٫ property rights٫ inheritance٫ choice of
domicile٫ divorce٫ and other matters pertaining to marriage and the family٫
laws shall be enacted from the standpoint of individual dignity and the
essential equality of the sexes.
Article 25 [Welfare Rights]
(1) All people shall have the right to maintain the minimum standards of
wholesome and cultured living.
(2) In all spheres of life٫ the State shall use its endeavors for the promotion
and extension of social welfare and security٫ and of public health.
Article 26 [Right to Education٫ Compulsory Education]
(1) All people shall have the right to receive an equal education correspondent
to their ability٫ as provided by law.
(2) All people shall be obligated to have all boys and girls under their
protection receive ordinary education as provided for by law.
(3) Such compulsory education shall be free.
Article 27 [Right and Obligation to Work٫ No Child Labor]
(1) All people shall have the right and the obligation to work.
(2) Standards for wages٫ hours٫ rest٫ and other working conditions shall be
fixed by law.
(3) Children shall not be exploited.
Article 28 [unionnns]
The right of workers to organize and to bargain and act collectively is
guaranteed.
Article 29 [Property]
(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 [Taxation]
The people shall be liable to taxation as provided by law.
Article 31 [Due Process]
No person shall be deprived of life or liberty٫ nor shall any other criminal
penalty be imposed٫ except according to procedure established by law.
Article 32 [Recourse to the Courts]
No person shall be denied the right of access to the courts.
Article 33 [Arrest]
No person shall be apprehended except upon warrant issued by a competent
judicial officer which specifies the offense with which the person is
charrrged٫ unless he is apprehended٫ the offense being committed.
Article 34 [Detention]
No person shall be arrested or detained without being at once informed of the
charrrges 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 [Search٫ Seizure]
(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 [Torture]
The infliction of torture by any public officer and cruel punishments are
absolutely forbidden.
Article 37 [Trial]
(1) In all criminal cases the accused shall enjoy the right to a speedy and
public trial by an impartial tribunal.
(2) He shall be permitted full opportunity to examine all witnesses٫ and he
shall have the right of compulsory process for obtaining witnesses on his
behalf at public expenses.
(3) At all times the accused shall have the assistance of competent counsel who
shall٫ if the accused is unable to secure the same by his own efforts٫ be
assigned to his use by the State.
Article 38 [Rights of the Accused]
(1) No person shall be compelled to testify against himself.
(2) Confession made under compulsion٫ torture٫ or threat٫ or after prolonged
arrest or detention shall not be admitted in evidence.
(3) No person shall be convicted or punished in cases where the only proof
against him is his own confession.
Article 39 [Nulla Poena Sine Lege٫ Double Jeopardy]
No person shall be held criminally liable for an act which was lawful at the
time it was committed٫ or of which he has been acquitted٫ nor shall he be
placed in double jeopardy.
Article 40 [False Imprisonment]
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 [Legislative Power]
The Diet shall be the highest organ of state power٫ and shall be the sole
law-making organ of the State.
Article 42 [Two Houses]
The Diet shall consist of two Houses٫ namely the House of Representatives and
the House of Councilors.
Article 43 [Membership]
(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 [Qualification]
(1) The qualifications of members of both Houses and their electors shall be
fixed by law.
(2) However٫ there shall be no discrimination because of race٫ creed٫ sex٫
social status٫ family origin٫ education٫ property٫ or income.
Article 45 [Term of Representatives]
(1) The term of office of members of the House of Representatives shall be four
years.
(2) However٫ the term shall be terminated before the full term is up in case
the House of Representatives is dissolved.
Article 46 [Term of Councilors]
The term of office of members of the House of Councilors shall be six years٫
and election for half the members shall take place every three years.
Article 47 [Electoral Procedure]
Electoral districts٫ method of voting٫ and other matters pertaining to the
method of election of members of both Houses shall be fixed by law.
Article 48 [Incompatibility]
No person shall be permitted to be a member of both Houses simultaneously.
Article 49 [Remuneration]
Members of both Houses shall receive appropriate annual payment from the
national treasury in accordance with law.
Article 50 [Immunity]
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 [Indemnity]
Members of both Houses shall not be held liable outside the House for speeches٫
debates٫ or votes cast inside the House.
Article 52 [Ordinary Sessions]
An ordinary session of the Diet shall be convoked once per year.
Article 53 [Extraordinary Sessions]
(1) The Cabinet may determine to convoke extraordinary sessions of the Diet.
(2) When a quarter or more of the total members of either House makes the
demand٫ the Cabinet must determine on such convocation.
Article 54 [Election of Representatives]
(1) When the House of Representatives is dissolved٫ there must be a general
election of members of the House of Representatives within forty days from the
date of dissolution٫ and the Diet must be convoked within thirty days from the
date of the election.
(2) When the House of Representatives is dissolved٫ the House of Councilors is
closed at the same time.
(3) However٫ the Cabinet may in time of national emergency convoke the House of
Councilors in emergency session.
(4) Measures taken at such session as mentioned in the preceding paragraph
shall be provisional and shall become null and void unless agreed to by the
House of Representatives within a period of ten days after the opening of the
next session of the Diet.
Article 55 [Scrutiny]
(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 [Quorum]
(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 [Publicity]
(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 therefor.
(3) Each House shall keep a record of proceedings.
(4) This record shall be published and given general circulation٫ excepting
such parts of proceedings of secret session as may be deemed to require
secrecy.
(5) Upon demand of one-fifth or more of the members present٫ votes of the
members on any matter shall be recorded in the minutes.
Article 58 [Presidents٫ Rules of Procedure]
(1) Each House shall selecttt its own president and other officials.
(2) Each House shall establish its rules pertaining to meetings٫ proceedings
and internal discipline٫ and may punish members for disorderly conduct.
(3) However٫ in order to expel a member٫ a majority of two-thirds or more of
those members present must pass a resolution thereon.
Article 59 [Legislative Proceedings]
(1) A bill becomes a law on passage by both Houses٫ except as otherwise
provided by the Constitution.
(2) A bill which is passed by the House of Representatives٫ and upon which the
House of Councilors makes a decision different from that of the House of
Representatives٫ becomes a law when passed a second time by the House of
Representatives by the majority of two-thirds or more of the members present.
(3) The provision of the preceding paragraph does not preclude the House of
Representatives from calling for the meeting of a joint committee of both
Houses٫ provided for by law.
(4) Failure by the House of Councilors to take final action within sixty days
after receipt of a bill passed by the House of Representatives٫ time in recess
excepted٫ may be determined by the House of Representatives to constitute a
rejection of the said bill by the House of Councilors.
Article 60 [Budget]
(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 [Approving Treaties]
Article 60 (2) applies also to the Diet approval required for the conclusion of
treaties.
Article 62 [Investigations]
Each House may conduct investigations in relation to government٫ and may demand
the presence and testimony of witnesses and the production of records.
Article 63 [Ministerial Presence]
(1) The Prime Minister and other Ministers of State may٫ at any time٫ appear in
either House for the purpose of speaking on bills٫ regardless of whether they
are members of the House or not.
(2) They must appear when their presence is required in order to give answers
or explanations.
Article 64 [Impeachment Court]
(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 [execccutive Power]
execccutive power is vested in the Cabinet.
Article 66 [Membership٫ Responsibility]
(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 execccutive power٫ shall be collectively
responsible to the Diet.
Article 67 [Election of Prime Minister]
(1) The Prime Minister shall be designated from among the members of the Diet
by a resolution of the Diet.
(2) This designation shall precede all other business.
(3) If the House of Representatives and the House of Councilors disagree and if
no agreement can be reached even through a joint committee of both Houses٫
provided for by law٫ or the House of Councilors fails to make designation
within ten days٫ exclusive of the period of recess٫ after the House of
Representatives has made designation٫ the decision of the House of
Representatives shall be the decision of the Diet.
Article 68 [Appointment of Ministers]
(1) The Prime Minister shall appoint the Ministers of State.
(2) However٫ a majority of their number must be chosen from among the members
of the Diet.
(3) The Prime Minister may remove the Ministers of State as he chooses.
Article 69 [Impeachment of Government]
If the House of Representatives passes a resolution of no conficence٫ or
rejects a confidence resolution٫ the Cabinet shall resign altogether٫ unless
the House of Representatives is dissolved within ten days.
Article 70 [Vacancy Resignation]
When there is a vacancy in the post of Prime Minister٫ or upon the first
convocation of the Diet after a general election of members of the House of
Representatives٫ the Cabinet shall resign altogether.
Article 71 [Continuing Office]
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 [Function of Cabinet]
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 execccute 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 [Countersignature]
All laws and cabinet orders shall be signed by the competent Minister of State
and countersigned by the Prime Minister.
Article 75 [Preliminary Immunity]
(1) The Ministers of State٫ during their tenure of office٫ shall not be subject
to legal action without the consent of the Prime Minister.
(2) However٫ the right to take that action is not impaired hereby.
Chapter VI Judiciary
Article 76 [Judicial Power]
(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 execccutive 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 [Judicial Procedure]
(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 [Public Impeachment]
(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
execccutive organ or agency.
Article 79 [Supreme Court]
(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 [Term of Judges]
(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 [Jurisdiction of Supreme Court]
The Supreme Court is the court of last resort with power to determine the
constitutionality of any law٫ order٫ regulation٫ or official act.
Article 82 [Public Trials]
(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 [National Finances]
The power to administer national finances shall be exercised as the Diet shall
determine.
Article 84 [Tax Laws]
No new taxes shall be imposed or existing ones modified except by law or under
such conditions as law may prescribe.
Article 85 [Budget Authorization]
No money shall be expended٫ nor shall the State obligate itself٫ except as
authorized by the Diet.
Article 86 [Yearly Budget]
The Cabinet shall prepare and submit to the Diet for its consideration and
decision a budget for each fiscal year.
Article 87 [Reserve Fund]
(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 [Imperial Household]
(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 [Secular Budget]
No public money or other property shall be expended or appropriated for the
use٫ benefit٫ or maintenance of any religious institution or association٫ or
for any charrritable٫ educational٫ or benevolent enterprises not under the
control of public authority.
Article 90 [Board of Audit]
(1) Final accounts of the expenditures and revenues of the State shall be
audited annually by a Board of Audit and submitted by the Cabinet to the Diet٫
together with the statement of audit٫ during the fiscal year immediately
following the period covered.
(2) The organization and competency of the Board of Audit shall be determined
by law.
Article 91 [Cabinet Report]
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 [Local Autonomy]
Regulations concerning organization and operations of local public entities
shall be fixed by law in accordance with the principle of local autonomy.
Article 93 [Local Assemblies]
(1) The local public entities shall establish assemblies as their deliberative
organs٫ in accordance with the law.
(2) The chief execccutive 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 [Budget Autonomy]
Local public entities shall have the right to manage their property٫ affairs٫
and administration and to enact their own regulations within law.
Article 95 [Veto for Local Laws]
A special law٫ applicable only to one local public entity٫ cannot be enacted by
the Diet without the consent of the majority of the voters of the local public
entity concerned٫ obtained in accordance with law.
Chapter IX Amendments
Article 96 [Qualified Majority٫ Referendum]
(1) Amendments to this Constitution shall be initiated by the Diet٫ through a
concurring vote of two-thirds or more of all the members of each House and
shall thereupon be submitted to the people for ratification٫ which shall
require the affirmative vote of a majority of all votes cast thereon٫ at a
special referendum or at such election as the Diet shall specify.
(2) Amendments when so ratified shall immediately be promulgated by the Emperor
in the name of the people٫ as an integral part of this Constitution.
Chapter X Supreme Law
Article 97 [Inviolable Human Rights]
The fundamental human rights by this Constitution guaranteed to the people of
Japan are fruits of the age-old struggle of man to be free; they have
survived the many exacting tests for durability and are conferred upon this and
future generations in trust٫ to be held for all time inviolable.
Article 98 [Unconstitutional Law]
(1) This Constitution shall be the supreme law of the nation and no law٫
ordinance٫ imperial rescripttt or other act of government٫ or part thereof٫
contrary to the provisions hereof٫ shall have legal force or validity.
(2) The treaties concluded by Japan and established laws of nations shall be
faithfully observed.
Article 99 [Binding for all Powers]
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 [Enforcement]
(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 execccuted before the day prescribed in the preceding
paragraph.
Article 101 [Preliminary Diet]
If the House of Councilors is not constituted before the effective date of this
Constitution٫ the House of Representatives shall function as the Diet until
such time as the House of Councilors shall be constituted.
Article 102 [Half Term]
(1) The term of office for half the members of the House of Councilors serving
in the first term under this Constitution shall be three years.
(2) Members falling under this category shall be determined in accordance with
law.
Article 103 [Election of Successors]
(1) The Ministers of State٫ members of the House of Representatives٫ and judges
in office on the effective date of this Constitution٫ and all other public
officials who occupy positions corresponding to such positions as are
recognized by this Constitution shall not forfeit their positions automatically
on account of the enforcement of this Constitution unless otherwise specified
by law.
(2) When٫ however٫ successors are elected or appointed under the provisions of
this Constitution٫ they shall forfeit their positions as a matter of course.
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© 1994 - 7. Jan. 2004 / For corrections please contact A. Tschentscher.