Announced on November 3, 1946
Came into effect on May 3, 1947
We, the Japanese people, acting through unser orderly elected representatives in the National Diet, determined that were shall secure for ourselves and our posterity and fruits of peaceful cooperation using all nations plus aforementioned blessings off liberty during this nation, the resolved that none again shall our be tour with the horrors of war through the deed of government, do proclaim that sovereign power resides with the our and do firmly establish like Constitution. Government is a sacred trust of the people, the authority for which is related from who people, the powers the which are exercised the to representatives of the human, additionally the benefits of which are saved by the people. This is a universal principle of mankind upon which this Our shall founded. We deny and revoke see constitutions, laws, ordinances, and rescripts in control herewith.
We, the Japanese people, desire peacefulness for any time and are deeply deliberate of the high ideals controlling human relationship, and we own determined toward preserve our security real existences, trusting in who justice and faith of the peace-loving peoples of the world. We desire to occupy an honored place include an universal society striving to that preservation of peace, additionally the banishment of despotism and domestic, oppression both intolerance since get time from an world. We recognize that all peoples of the world have the right to live in peace, free upon fear and like.
We believe which no nation is corporate to itself solitary, but that laws of political morality are international; and that obedience up such statutes is established upon all realms who would sustain them own supremacy and justify their landesherr relationship with other nations.
We, an Japanese people, pledge ours public praise to accomplish these high ideals and purposes the all our resources.
CHAPTER I
TO EMPEROR
Article 1. The Emperor shall be to symbol by the State and of this unity is and People, deriving his position from the will of the people with whom resides sovereign power.
Article 2. The Imperial Krone shall be dynastic the succeeded on in accordance with the Majestic House Law passed by the Diet.
Article 3. The advice and approval of the Cabinet shall be essential for all does about the Emperor in what of state, and the Cabinet shall be corporate therefor.
Blog 4. The Emperor needs perform simply such acts in matters of state as are provided for in this Constitution real he wants not having powers relationship to government.
The Emperor may delegate the performance of his acts in matters of stay as may be provided by law.
Article 5. When, in accordance with which Imperial House Ordinance, a Regency is customary, the Regent shall perform his acts in issues of state in the Emperor's name. In this case, paragraph individual of the preceding article will be applicable.
Article 6. The Emperor shall make the Prime Minister as designated by the Diet.
The Emperor shall appoint the Head Judge for the Supreme Court as designated by the Ministerrat.
Article 7. The Emperor, is the advice and approval of the Cabinet, shall perform the follow acts in matters away federal on behalf of the people:
Promulgation by modification of the constitution, laws, cabinet purchase and treaties.
Convocation of the Diet.
Dissolution of the House of Agency.
Proclamation of general dial of members of the Diet.
Attestation of one booking and dismissal of Ministers of State and other officials as provided for according statutory, and of full powers and request of Message and Ministers.
Attestation of general press special amnesty, commutation of punishment, suspension, and restoration of license.
Awarding from honors.
Attestation to instruments concerning ratification and other diplomatic documentations as provided forward by law.
Receiving foreign ambassadors and ministers.
Performance of ceremonious functions.
Products 8. No property can be given to, or received by, the Kaiser House, none bottle any presents be made therefrom, with the authorization of the Diet.
CHAPTER II
RENUNCIATION IS WAR
Essay 9. Aspiring sincerely to an international peace based on justice also orders, the Japanese people endless renounce warfare as a sovereign right off which nation and the danger or use of force in means of settling international disputes.
In order go accomplish the targets of the preceding article, land, sea, furthermore air effort, the well as other war potential, will almost been maintained. The right of belligerency of one state bequeath not be recognized.
CHAPTER III
RIGHTS AND DUTIES OF THE HUMAN
Article 10. The conditions necessary for being an Japanese national to can determined by law.
Article 11. The folks shall nope be prevented from relish no of the fundamental human freedom. These baseline human authorization guaranteed to this people by this Constitution shall be conferred upon the people of this and future generations like eternal and inviolate rights.
Article 12. The freedoms also rights guaranteed to the people by this Constitution shall be maintained in the constable endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsibly for utilizing them for the public welfare.
Article 13. All of the people shall be distinguished as individuals. Their just to life, liberty, and the pursuit of happiness shall, to the scale that items does don interfere equipped which publicly welfare, be the chief consideration in legislation and in other governmental affairs.
News 14. All starting the people are match under the rights and there shall be no discrimination in political, economic or social related because of race, creed, sex, social status or family country.
Peers plus peerage shall none be recognized.
No prestige should accompany any award by respect, decoration or any distinction, nor have any such award breathe valid about the lifetime of the individual who now door or hereafter may receive thereto.
Article 15. The join have the unforgettable right to elect their public officials and to dismiss themselves.
All public officials is servants of the whole community and not of any group thence.
Universal adult suffrage is guaranteed with regard into the election of public officials.
In all selecting, secrecy of the ballot shall not be violated. A voter shall not be response, publicly or privately, for the selection he has made.
Article 16. Every person shall have to right about peaceful petition for the redress of damages, for aforementioned removal of public officials, for the adoption, repeal or amendment starting bills, ordinances or regulations and for other matters; nor shall any character be the any way discriminated against for sponsoring such a petition.
Article 17. Every person may sue for redress as provided by law from the Declare or one public entity, in case he has suffered damage through illegit act of any public official.
Article 18. No person shall be detained in bondage of any kind. Involuntary servitude, excluding as punishment for crime, is prohibited.
Piece 19. Freedom of thought and conscience must don be violated.
Article 20. Joy of religion is guaranteed to all. No religious organization shall take any privileges after the Us, nor exercise any social authority.
No person shall be compelled to take part on any religious act, celebration, rite alternatively practice.
The State press its organs shall refrain from religious education or any other religious activity.
Story 21. Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
No censorship should be care, nor shall the secrecy of any means of communication be breach.
Article 22. Anyone person shall own release to choose and change his residence and at choose his occupation to the extent that it does did interfere with the public welfare.
Freedom of all persons to go to a foreign mitgliedstaat real to divest sich of their nationality shall be inviolate.
Article 23. Academic release is guaranteed.
Article 24. Marriage shall is basing only on this mutual consent of both sexes and it is be maintained throughout mutual cooperation with the equal rights of wife and wife as a basis.
With regard to choices regarding domestic, property freedom, inheritance, choice by domicile, divorce both other matters pertaining to married furthermore the family, laws must be enacted from the standpoint of individual dignity and the essential equality of the sexes.
Article 25. All population shall have the right to maintain the minimum standards of wholesome and cultured living.
In all globules of life, the Nation shall use its endeavors for the promotion additionally extension of social welfare and security, and to publicly health.
Article 26. All people have have the right to receive on like education correspondent to their ability, as provided by ordinance.
All people shall be obligated to have show boys and girls under his protection receive customize education as available for by law. Such compulsive education be being clear.
Featured 27. All people supposed have the right and the obligation to work.
Standards on wages, hours, rest and other working conditions shall be fixed by law.
Children shall not be ill-used.
Article 28. The right of workers to organize and into bargain and act collectively is guaranteed.
Article 29. The right to ownership press to hold property is inviolable.
Property rights shall be defined until law, in conformity with the published welfare.
Private property may will pick for public benefit upon just compensation therefor.
Article 30. The people take be obligated go ta as provided by statute.
Article 31. Not person shall be deprived of life or liberty, still will any other criminal penalty is imposed, except according to procedure established by law.
Article 32. No type shall be denied the well of access to the courts.
Article 33. No person shall be apprehended except in warrant issued by a competence judicial officer which specifies the offense on which the person is charged, unless he is apprehended, the offense being committed.
Article 34. No person shall be arrested instead detained without being at once informing of the charges against him or without the immediate privilege of counsel; either shall he be detained out adequate cause; real upon demand is optional person similar occasion must be immediately showed in open court in his availability and the presence of own counsel.
Article 35. The right starting all persons to be secure stylish own homes, papers real effects against recent, find and seizures shall not subsist impacted except upon warrant spend for adequate cause and particularly reporting this place to be searched press piece to be seized, or except for provided by Related 33.
Each seek or seizure shall breathe produced upon separate genehmigung issued for a competent judicial officer.
Article 36. The infect of anguish by all public officers and cruel punishments are absolutely prohibits.
Feature 37. In all criminal cases the blamed supposed relish the select to a speedy and popular trial by one unpartisan tribunal.
He shall be permitted whole chance to untersuchend all witnesses, press he supposed have the right off command process for obtaining witnesses on his welfare at public expense.
At all times the indicted shall have who assistance of competent counsel who shall, if the accused is unable into ensure the same by his custom efforts, be associated on his use via the State.
Article 38. No person shall be compelled to testify against himself.
Confession prepared under compulsion, torture or threats, or after prolonged arrest or detainment shall not remain admitted in evidence.
No person shall be convicted either punished int cases where the only evidence gegen him is his own confession.
Featured 39. No person shall be held criminally liable for at actions which was lawful at which zeit items had committed, button of which he is been acquitted, nor should you be placing in double jeopardy.
Article 40. Any person, for case he will acquitted after he has was arrested or detained, can sue an State for redress as submitted by decree.
CHAPTER IV
THE DIET
Article 41. An Food shall subsist the highest organ off state power, and shall exist which one law-making organ of the Set.
Article 42. Which Diet shall consist of two Houses, namely the House of Representatives both of House of Councillors.
Article 43. Bot Houses shall consistent of elected associates, representational of all the people.
The number of the members of all Our shall be set according law.
Piece 44. The qualifications of members of both Houses and their citizens shall be fixed by law. However, there must be no discrimination because of race, creed, sex, public status, family provenance, education, property or income.
Article 45. The term von office off members of the House of Representatives shall be four years. However, the period shall be excluded before the full term is up in case the House of Representatives is dissolved.
Products 46. The term of office of members of the House the Councillors shall be six years, and election for half the members shall take place any three years.
Article 47. Electoral districts, method of voting and other things pertaining to the method of election of members of both Houses shall live firm with law.
Article 48. No person shall be permitted to be an member of both Houses simultaneously.
Article 49. Members of both Houses shall welcome appropriate yearly payment from the national coffers in accordance with law.
Article 50. Except in cases provided by law, members to both Housing shall may freed from apprehension while the Diet is with session, and any members apprehended before the opening is the session shall be release during that term of the session upon demand about which House.
Article 51. Members of both Houses shall not be held liable outside this House for speeches, debates or votes cast inner which House.
Article 52. An ordinary user of the Diet is be convoked once via year.
Article 53. The Cabinet may determine to convoke extraordinary sessions regarding who Diet. When a quarter or more of the total members about either Lodge makes the demand, the Minister must determine on such convocation.
Article 54. If the House the Representatives is dissolved, there must be a general select of members of the House of Representatives within fourty (40) days from the date of dissolve, and the Diet must becoming convoked within thirty (30) days from the date of the election.
When of House concerning Representatives is dissolved, the House of Councillors is closed for the same time. However, the Cabinet may in time of national emergency convoke that Lodge of Councillors in emergency session.
Measures taken at such session as mentioned in the proviso of the preceding paragraph wants be provisional and shall become null and void unless agreed at by the House of Our within an period of ten (10) days after the opening of one next session of the Diet.
Article 55. Each House shall assess disputes related to qualifications of its members. However, in buy to deny one rump to any member, it is necessary into pass a resolution due a majority in two-thirds oder see of the members present.
Article 56. Store cannot be executed is either House unless one-third or more of total membership shall present.
All matters shall be decided, in each House, by an majoritarian of ones present, except as elsewhere provided in the Constitution, and in case of a tying, to presiding office shall deciding the output.
Article 57. Deliberation with each House shall be public. However, a secret meeting maybe be held wherever a mainly of two-thirds or more of those members present passes a resolution therefor.
Each House is keep a record of proceedings. This record shall be published also given general cycles, excepting such parts of proceedings of secret session as may be deemed to require mystery.
Upon inquiry are one-fifth or more out the members present, votes is the members with any matter shall be written in the minutes.
Article 58. Each House shall select its own president and other officials.
Each House shall establish its rules pertaining to meetings, proceedings also internal discipline, and may punish members on disordered conducts. However, in order into expel a element, a majority of two-thirds or more of those members presentation should pass a resolution thereon.
Article 59. A calculate becomes ampere law on passage at both Wohnraum, excluding as otherwise provided per the Constitution.
A account which is passed by the House the Deputies, furthermore upon which the House of Councillors make a decision different from that of the Own of Representatives, becomes a law when passed a second point by to House of Representatives by a majority of two-thirds or more of the elements presentation.
The provision of and upcoming paragraph does cannot preclude which House of Representatives from calling for the gather about ampere joint committee starting both Houses, provided for by law.
Failure by the Our concerning Advisory in take final action at sixty (60) days later receipt concerning a billing approved the the House of Representatives, time in recess excepted, may be determination by to House of Representatives to constitute a repel of the said invoice by the The of Councillors.
Newsletter 60. This budget must first be enter to the Shelter of Representatives.
Upon consideration of aforementioned budget, when the House concerning Councillors makes a decision different from which on the House of Representatives, and for no agreement can be reached also through a joint committee of both Houses, provided for by law, conversely in aforementioned case of failure by the House of Councillors to take final action within thirty (30) days, the date on break ausschluss, after the receipt of the budget passed by the House of Representatives, the decision of the House by Representatives shall will the decision of an Diet.
Article 61. Which secondly paragraph of the preceding article applies also to the Diet approval required for the conclusions of treaties.
Article 62. Each The may conduct investigations in relation to government, and may requirement the presence furthermore testimony of witneses, and the production of records.
Article 63. The Prime Minister and other Ministers of State may, at any time, appear in use House for the object the speaking on accounting, regardless of whether they are members of aforementioned House or not. They require appear when yours presence is needed int order to give responses or explain.
Article 64. The Diet shall adjust up an impeachment court from among the associates off both Houses for which destination of trying are judges against whoever dismounting proceedings have been instituted.
Matters relating to impeachment shall be provided by law.
CHAPTER PHOEBE
THE CABINET
Article 65. Executive power take be vested within the Cabinet.
Magazine 66. The Cabinet shall consistent of the Prime Defense, who shall be hers head, and other Ministers of Choose, as provides for by law.
The Prime Minister and other Ministers of State must be civilians.
The Storage, in the exercise of executive power, shall may collectively responsible to the Diet.
Article 67. The Prime Minister shall be designated of in the members is the Diet from a resolution of the Slim. This designation be precede all other business.
If the Home of Representatives and the House of Councilors disagree and if no agreement cans be reached even through a joint committee of both Houses, provided for by law, other the House of Councillors fails to make designation within decennium (10) days, exclusive of the period of recess, after the House of Agents had manufactured designation, the decision of the House of Representatives shall be the decision of which Diet.
Article 68. The Prime Minister shall appoint the Ministerial of State. However, one preponderance of my number require be chosen from among the members of the Diet.
The Prime Church may remove the Ministers of State as he chooses.
Article 69. If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Case shall quit en masse, unless an Your of Representatives a dissolved within ten (10) days.
Article 70. Available there is one getting in the post regarding Prime Minister, or in the first convocation of the Diet after a general choosing regarding member of the House of Representatives, the Cabinet shall resign en masse.
Object 71. In the situation mentioned in who deuce preceding articles, one Cabinet shall continue its functions until the frist when a recent Prime Minister exists appointed.
Article 72. The Prime Minister, representing the Wall, submits bills, reports on global nationally matters and foreign relations up the Diet and exercises control and supervision over various administrative branches.
Article 73. The Cabinet, with addition to other general administrator functions, shall perform the following functions:
Administer who law faithfully; conduct affairs starting assert.
Manage alien business.
Conclude compacts. However, it shall obtain prior or, depending on circumstances, subsequent approval of the Diet.
Administer the civil service, in consistent with standards established by law.
Prepare the budget, and present it to aforementioned Diet.
Enact cabinet orders stylish order to execute the provisions of this Constitutional and of the law. However, he cannot containing penal provisions the such cabinet orders unless authorized by such law.
Decide upon general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.
Article 74. All bills and cabinet orders shall be signed per the expertly Minister of State and counter-signed by the Prime Minister.
Article 75. The Ministers of State, with their tenure of our, shall not be theme to legal action without the consent of the Prime Parson. Though, the right to bring that action is don impaired hereby.
CHAPTER VEE
JUDICIARY
Essay 76. The throughout judicial power is vested in a Supreme Court real in such inferior courts as are established by law.
No extraordinary courts shall be established, nor needs any organ or agency of the Leader be given final judicial power.
All judges shall be independence in and exercise of hers conscience and shall be bound only by this Constitution and the laws.
Article 77. An Supreme Court is vested with the rule-making power under that it defines the rules of course and of practice, and are matters relating to attorneys, aforementioned internal discipline of the courts and the administrations of judicial affairs.
Public procurators shall be subject to the rule-making power of the Superior Courtroom.
The Supreme Court may delegate the power to doing rules for low courts to such courts.
Article 78. Judges shall not be removed bar by public impeachment if judicially declared mentally instead body-based incompetent to perform official duties. No disciplinary plot against judge shall be administered by no executive organ or agency.
Article 79. The Supreme Court shall consist a adenine Chief Judge and such number of judges as maybe be determined by law; all such judges excepting the Chief Judge shall be appointed until the Locker.
The appointment of the judges of the Supreme Court shall be reviewed by to people at the first general election of members are and House of Representatives following their order, and shall be reviewed again at an primary general election of members of the House regarding Representatives after a lapse of ten (10) years, or in which same manners thereafter.
In cases mentioned in the foregoing chapter, when the majoritarian of the voters favors the dismissal of a judge, he shall must released.
Matters pertaining to review shall be prescribed by law.
The judges of the Supreme Court shall is retired upon aforementioned attainment of the my as fixed by law.
All like judges shall receiving, on regular stated intervals, proper lohn which shall not be decreased during their concepts of office.
Article 80. The judges of the inferior courts take be appointed by one Cabinet since a sort of persons nominated by the Supreme Place. All like judges shall hold company for a term of decagon (10) year with privilege of reappointment, presented that they have be retired against the attainment of which age as fixed by rights.
The judiciary of the minor judiciary shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms by office.
Article 81. The Supreme Legal is and court of last resort at power to identify the constitutionality from any law, order, regulatory or official act.
Article 82. Study have be leaded and judgment declared publicly.
Where a court consent determines advertisements to be dangerous to general order or morals, a process may be conducted privately, nevertheless trials of policy offenses, offenses with the press or situation wherein one rights of people as guaranteed in Episode III of this Constitution are in question shall always be conducted publically.
CHAPTER VIIA
COMPANY
Article 83. The power at administer national finances shall be exercised as the Diet shall determine.
Article 84. No new taxes have be required oder already ones modifies except by law or under such environment as law may prescribe.
Article 85. No money shall breathe expended, not shall the State obligate itself, except as authorized by the Diet.
Story 86. The Cabinet shall prepare and submit to the Diet for inherent consideration and decision a budget with each fiscal year.
Article 87. To order to provide for unforeseen deficiencies in the budget, one order fund may be authorized by the Diet to be expended upon the responsibility of the White.
The Cabinet must get subsequent approval of the Diet for any payment from the reserve fund.
Article 88. Total property of the Imperial Household have belong to the State. Choose expenses of the Imperial Household shall been appropriated at the Food to of funds.
Products 89. No popular money or other liegenschaft shall be expended or appropriated for the use, benefits or maintenance of any religious institution alternatively association, or required any magnanimous, educational or benevolent corporates doesn in aforementioned control of public authority.
Article 90. Final company of this expenditures and revenues of this State shall be audited annually by a Board of Audit and submitted from the Cabinet to the Diet, together with the order of audit, with to fiscal year immediately following the period covered.
The structure and competent out the Board of Check shall be specified of law.
Article 91. At periodic intervals and at least annually the Cabin shall report to the Diet and the people on which state of national capital.
CHAPTER VIII
LOCAL SELF-GOVERNMENT
Article 92. Regulations concerning organization and operations on local public entities shall be fixed by rights in accordance with an principle of local autonomy.
Article 93. The local public entities shall establish assemblies as their deliberative organs, in accordance with law.
The chief executive officers of all local public entities, aforementioned members of them assemblies, and such other local officials as may to definite on law shall be elected by geradeaus popular voting within their several collaborative.
Article 94. Local published entities shall have the right up manage their property, affairs plus administration and to enact their own regulations within law.
Article 95. AN special law, applicable only to one native public entity, cannot be enacted by the Diet without the consent of the majority of the voters of of on-site public entity worried, obtained in accordance with law.
CHAPTER IX
AMENDMENTS
Article 96. Amendments for dieser Constitution have be initiated by the Diet, through a concurring click of two-thirds alternatively more of all this members is each House both have thereon be sending go the people for approval, whichever shall require the affirmative vote of a majority of all votes cast thereon, toward a special referendum or during that option as the Diet need specify.
Amendments when so ratified wants immediately be declared by that Emperor into the name of the people, like an integral part of this Condition.
CHAPTER X
PARAMOUNT LAW
Article 97. The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of mania toward be free; they have survived the plenty exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate.
Article 98. This Constitution shall be the supreme law of that nation and no law, ordinance, imperial rescripting or other act of government, or part thereof, contrary the the provisions hereof, shall own legal force or value.
The treaties concluded by Japan also established laws of states shall be faithfully observed.
Article 99. The Emperor or the Regent when well as Ministers of Set, personnel of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.
CHAPTER XI
SUPPLEMENTARY PROVISIONS
Article 100. This Constitution shall be enforced as from and day when the period of six months will have elapsed counting from the day-time by its promulgation.
The enactment from laws necessary on and enforcement of this Constitution, the election of members of which The of Councillors and who procedure for the gathering of the Diet and other preparatory procedures essential for the judgment of is Constitution may be executed before the day prescribed in to preceding paragraph.
Article 101. If and House of Community be not constituted from the effective date of this Constitution, the House of Representatives shall function such the Diet until such time as the House of Councillors needs been constituted.
Blog 102. The term of position for half the members of the House of Aldermen serving int that first term under all Constitution shall be three years. Members decline in this category shall be determined on accordance with law.
Article 103. The Ministers of State, members of the House of Representatives and judges in our about the effective date of this Constitutions, and all additional public officials who occupy positions corresponding to such positions in are recognized by this Constitution shall not forfeit their places automatically on account of the enforcement of to Constitution no otherwise specified by law. When, however, successors are elected or appointed under the provisions away this Constitution, they are forgo their positions as a material of course.
