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http://web-japan.org/

THE CONSTITUTION
OF JAPAN

THE CONSTITUTION OF JAPAN


We, the Japanese people, acting through
our duly elected representatives in the
National Diet, determined that we shall secure
for ourselves and our posterity the 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
universal principle of mankind upon which is incumbent upon all nations who would First session of the
Diet under the new
this Constitution is founded. We reject and sustain their own sovereignty and justify their Constitution of Japan
revoke all constitutions, laws, ordinances, and sovereign relationship with other nations. The new constitution
became effective on
rescripts in conflict herewith. We, the Japanese people, pledge our May 3, 1947. The
We, the Japanese people, desire peace for national honor to accomplish these high ideals photo shows the first
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 Hirohito.
© Kodansha
peace-loving peoples of the world. We desire symbol of the State 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 slavery, 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 Law 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.
The Emperor may delegate the the Japanese people forever renounce war as a Constitution of Japan
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
may be provided by law. use of force as means of settling international preserved in the National
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
maintained. The right of belligerency of the of the emperor and the
paragraph one of the preceding article will be 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. Rights and Duties of the
The Emperor shall appoint the Chief People
Judge of the Supreme Court 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. T h e p e o p l e s h a l l n o t
following acts in matters of state on behalf of be prevented from enjoying any of the
the people: fundamental human rights. These fundamental
Promulgation of amendments of the human rights guaranteed to the people by
constitution, laws, cabinet orders and this Constitution shall be conferred upon the
treaties. people of this and future generations as eternal
Convocation of the Diet. and inviolate rights.
Dissolution of the House of Representa- Article 12. T h e f re e d o m s a n d r i g h t s
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 right to life,
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 ratification Article 14. A l l o f t h e p e o p l e a r e
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. A s p i r i n g s i n c e re l y t o a n 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 compulsory education shall be free.
except as punishment for crime, is prohibited. Article 27. All people shall have the right
Article 19. F re e d o m o f t h o u g h t a n d and the obligation to work.
conscience shall not be violated. Standards for wages, hours, rest and
Article 20. F r e e d o m o f r e l i g i o n i s 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. T h e r i g h t o f w o r k e r s t o
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. Freedom of assembly 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. E v e r y p e r s o n s h a l l h a v e 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. N o p e r s o n s h a l l b e
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. A c a d e m i c f r e e d o m i s unless he is apprehended, the offense being
guaranteed. committed.
Article 24. M a r r i a g e s h a l l b e b a s e d 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 torture 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. I n a l l c r i m i n a l c a s e s t h e 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,
detention 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. M e m b e r s o f b o t h H o u s e s
Article 39. N o p e r s o n s h a l l b e h e l d 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
double jeopardy. shall be convoked once per year.
Article 40. A n y p e r s o n , i n c a s e h e 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. E a c h H o u s e s h a l l j u d g e 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. T h e D i e t s h a l l s e t u p a n
more of those members present must pass a impeachment court from among the members
resolution thereon. of both Houses for the purpose of trying those
Article 59. A b i l l b e c o m e s a l a w o n 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. Executive 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. Judiciary
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. T h e P r i m e M i n i s t e r , 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. I n o r d e r t o p r o v i d e f o r
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. F i n a l a c c o u n t s o f t h e
retired upon the attainment of the age as fixed expenditures and revenues of the State shall
by law. be audited annually by a Board of Audit 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. R e g u l a t i o n s c o n c e r n i n g 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 referendum or at such election as the with law.
Diet shall specify. Article 103. T h e M i n i s t e r s o f S t a t e ,
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 f u n d a m e n t a l h u m a n 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

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