Constitutional LawofJapan[November 3, 1946]Preface
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 this Constitution is
founded.
We reject and revoke all constitutions, laws ordinances, and rescripts
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.chanrobles virtualawlibrary
- CHAPTER I
- THE EMPEROR
Article 1The Emperor shall be the
symbol
of the State and the unity of the people, deriving his position from
the
will of the people with whom resides sovereign power.cralaw:red.Article 2The Imperial Throne shall
be
dynastic and succeeded to in accordance with the Imperial House Law
passed
by the Diet.cralaw:red.Article 3The advice and approval of
the
Emperor in matters of state, and the Cabinet shall be responsible
therefor.cralaw:red.Article 4The 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
for by law.cralaw:red.Article 5When, 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. In this case,
paragraph
one of the preceding Article will be applicable.cralaw:red.Article 6The Emperor shall appoint
the
Prime Minister as designated by the Emperor shall appoint the Chief
Judge
of the Supreme Court as designated by the Cabinet.cralaw:red.Article 7The Emperor shall, with
the
advice and approval of the Cabinet, 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.cralaw:red.Article 8No property can be given
to,
or received by, the Imperial House, nor can any gifts be made
therefrom,
without the authorization of the Diet.chanrobles virtualawlibrary
- CHAPTER II
- RENUNCIATION OF WAR
Article 9Aspiring 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 belligerency of
the
state will not be recognized.chanrobles virtualawlibrary
- CHAPTER III
- RIGHTS AND DUTIES OF
THE PEOPLE
Article 10The conditions necessary
for
being a Japanese national shall be determined by law.cralaw:red.Article 11The people shall not be
prevented
from enjoying any of the fundamental human rights. These fundamental
human
rights guaranteed to the people by this Constitution shall be conferred
upon the people of this and future generations as eternal and inviolate
rights.cralaw:red.Article 12The 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.cralaw:red.Article 13All of the people shall be
respected
as individuals. Their right to life, 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.cralaw:red.Article 14All 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.cralaw:red.Article 15The 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. A voter shall not be answerable, publicly or privately,
for
the choice he has made.cralaw:red.Article 16Every person shall have
the
right of peaceful 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.cralaw:red.Article 17Every 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.cralaw:red.Article 18No person shall be held in
bondage
of any kind. Involuntary servitude, except as punishment for crime, is
prohibited.cralaw:red.Article 19Freedom of thought and
conscience
shall not be violated.cralaw:red.Article 20Freedom of religion is
guaranteed
to all. No religious organization shall receive any privileges from the
State, nor exercise any political authority. 2) No person shall be
compelled
to take part in any religious acts, celebration, rite or practice. 3)
The
State and its organs shall refrain from religious education or any
other
religious activity.cralaw:red.Article 21Freedom 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.cralaw:red.Article 22Every 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.cralaw:red.Article 23Academic freedom is
guaranteed.cralaw:red.Article 24Marriage 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 regard 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.cralaw:red.Article 25All 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.cralaw:red.Article 26All people shall have the
right
to receive an equal education correspondent to their ability, as
provided
for 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.
Such compulsory education shall be free.cralaw:red.Article 27All 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.cralaw:red.Article 28The right of workers to
organize
and to bargain and act collectively is guaranteed.cralaw:red.Article 29The 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.cralaw:red.Article 30The people shall be liable
to
taxation as provided for by law.cralaw:red.Article 31No person shall be
deprived
of life or liberty, nor shall any other criminal penalty be imposed,
except
according to procedure established by law.cralaw:red.Article 32No person shall be denied
the
right of access to the courts.cralaw:red.Article 33No person shall be
apprehended
except upon warrant issued by a competent judicial officer which
specifies
the offense with which the person is charged, unless he is apprehended,
the offense being committed.cralaw:red.Article 34No person shall be
arrested
or detained without being at once infomed of the charges against him or
without the immediate privilege of counsel; nor shall he be detained
without
adequate cause; and upon demand of any person such cause must be
immediately
shown in open court in his presence and the presence of his counsel.cralaw:red.Article 35The 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 36The infliction of torture
by
any public officer and cruel punishments are absolutely forbidden.cralaw:red.Article 37In 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 expense. 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.cralaw:red.Article 38No 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.cralaw:red.Article 39No person shall be held
criminally
liable for an act which was lawful at the time it was committed, or of
which he had been acquitted, nor shall he be placed in double jeopardy.cralaw:red.Article 40Any person may, in case he
is
acquitted after he has been arrested or detained, sue the State for
redress
as provided for by law.chanrobles virtualawlibrary
- CHAPTER IV
- THE DIET
Article 41The Diet shall be the
highest
organ of the state power, and shall be the sole law-making organ of the
State.cralaw:red.Article 42The Diet shall consist of
two
Houses, namely the House of Representatives and the House of
Councillors.cralaw:red.Article 43Both 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.cralaw:red.Article 44The qualifications of
members
of both Houses and their electors shall be fixed by law. However, there
shall be no discrimination because of race, creed, sex, social status,
family origin, education, property or income.cralaw:red.Article 45The term of office of
members
of the House of Representatives shall be four years. However, the term
shall be terminated before the full term is up in case the House of
Representatives
is dissolved.cralaw:red.Article 46The term of office of
members
of the House of Councillors shall be six years, and election for half
the
members shall take place every three years.cralaw:red.Article 47Electoral districts,
method
of voting and other matters pertaining to the method of election of
members
of both Houses shall be fixed by law.cralaw:red.Article 48No person shall be
permitted
to be a member of both Houses simultaneously.cralaw:red.Article 49Members of both Houses
shall
receive appropriate annual payment from the national treasury in
accordance
with law.cralaw:red.Article 50Except in cases as
provided
for 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.cralaw:red.Article 51Members of both Houses
shall
not be held liable outside the House for speeches, debates or votes
cast
inside the House.cralaw:red.Article 52An ordinary session of the
Diet
shall be convoked once per year.cralaw:red.Article 53The Cabinet may determine
to
convoke extraordinary sessions of the Diet. When a quarter or more of
the
total members of either House makes the demand, the Cabinet must
determine
on such convocation.cralaw:red.Article 54When the House of
Representatives
is dissolved, there must be a general election of members of the House
of Representatives within forty(40) days from the date of dissolution,
and the Diet must be convoked within thirty(30) days from the date of
the
election. 2) When the House of Representatives is dissolved, the House
of Councillors is closed at the same time. However, the Cabinet may, in
time of national emergency, convoke the House of Councillors in
emergency
session. 3) Measures taken at such session as mentioned in the proviso
of 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(10) days after the opening of the next session of the Diet.cralaw:red.Article 55Each House shall judge
disputes
related to qualifications of its members. 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.cralaw:red.Article 56Business 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 for in the Constitution, and in
case
of a tie, the presiding officer shall decide the issue.cralaw:red.Article 57Deliberation in each House
shall
be public. However, a secret meeting may be held where a majority of
two-thirds
or more of those members present passes a resolution therefor. 2) Each
House shall keep a record of proceedings. This record shall be
published
and given general circulation, excepting such parts of proceedings of
secret
session as may be deemed to require secrecy. 3) Upon demand of
one-fifth
or more of the members present, votes of the members on any matter
shall
be recorded in the minutes.cralaw:red.Article 58Each House shall select
its
own president and other officials. 2) Each House shall establish its
rules
pertaining to meetings, proceedings and internal discipline, and may
punish
members for disorderly conduct. However, in order to expel a member, a
majority of two-thirds or more of those members present must pass a
resolution
thereon.cralaw:red.Article 59A bill becomes a law on
passage
by both Houses, except as otherwise provided for by the Constitution.
2)
A bill, which is passed by the House of Representatives, and upon which
the House of Councillors 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 a 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
Councillors
to take final action within sixty(60) 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 Councillors.cralaw:red.Article 60The budget must first be
submitted
to the House of Representatives. 2) Upon consideration of the budget,
when
the House of Councillors 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 Councillors to take final action within
thirty(30)
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.cralaw:red.Article 61The second paragraph of
the
preceding Article applies also the the Diet approval required for the
conclusion
of treaties.cralaw:red.Article 62Each House may conduct
investigations
in relation to government, and may demand the presence and testimony of
witnesses, and the production of records.cralaw:red.Article 63The 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. They must appear when their presence is required in order to
give
answers or explanations.cralaw:red.Article 64The Diet shall set up an
impeachment
court from among the members of both Houses for the purposes of trying
those judges against whom removal proceedings have been instituted. 2)
Matters relating to impeachment shall be provided for by law.chanrobles virtualawlibrary
- CHAPTER V
- THE CABINET
Article 65Executive power shall be
vested
in the Cabinet.cralaw:red.Article 66The Cabinet shall consist
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 shall, in the exercise of executive
power,
be collectively responsible to the Diet.cralaw:red.Article 67The Prime Minister shall
be
designated from among the members of the Diet by a resolution of the
Diet.
This designation shall precede all other business. 2) If the House of
Representatives
and the House of Councillors disagree and if no agreement can be
reached
even through a joint committee of both Houses, provided for by law, or
the House of Councillors fails to make designation within ten(10) 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.cralaw:red.Article 68The Prime Minister shall
appoint
the Ministers of State. However, a majority of their number must be
chosen
from among the members of the Diet. 2) The Prime Minister may remove
the
Ministers of State as he chooses.cralaw:red.Article 69If the House of
Representatives
passes a non-confidence resolution, or rejects a confidence resolution,
the Cabinet shall resign en masse, unless the House of Representatives
is dissolved within ten(10) days.cralaw:red.Article 70When 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 en masse.cralaw:red.Article 71In the cases mentioned in
the
two preceding Articles, the Cabinet shall continue its functions until
the time when a new Prime Minister is appointed.cralaw:red.Article 72The 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.cralaw:red.Article 73The Cabinet shall, in
addition
to other general administrative functions, 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 sudsequent 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 cabinet orders in order to
execute
the provisions of this Constitution and of the law. However, it cannot
include penal provisions in such cabinet orders unless authorized by
such
law. (7) Decide on general amnesty, special amnesty, commutation of
punishment,
reprieve, and restoration of rights.cralaw:red.Article 74All laws and cabinet
orders
shall be signed by the competent Minister of State and countersigned by
the Prime Minister.cralaw:red.Article 75The Ministers of State
shall
not, during their tenure of office, be subject to legal action without
the consent of the Prime Minister. However, the right to take that
action
is not impaired hereby.chanrobles virtualawlibrary
- CHAPTER VI
- JUDICIARY
Article 76The whole judicial power
is
vested in a Supreme Court and in such inferior courts as are
established
by law. 2) No extraordinary tribunal shall be established, nor shall
any
organ or agency of the Executive be given final judicial power. 3) All
judges shall be independent in the exercise of their conscience and
shall
be bound only by this Constitution and the laws.cralaw:red.Article 77The 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.cralaw:red.Article 78Judges shall not be
removed
except by public impeachment unless judicially declared mentally or
physically
incompetent to perform official duties. No disciplinary action against
judges shall be administered by any executive organ or agency.cralaw:red.Article 79The 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(10) years, and in the same manner thereafter.cralaw:red.Article 80The judges of the inferior
courts
shall be appointed by the Cabinet from a list of persons nominated by
the
Supreme Court. All such judges shall hold office for a term of ten(10)
years with privilege of reappointment, provided that they shall be
retired
upon the attainment of the age as fixed by law. 2) The judges of the
inferior
courts shall receive, at regular stated intervals, adequate
compensation
which shall not be decreased during their terms of office.cralaw:red.Article 81The Supreme Court is the
court
of last resort with power to determine the constitutionality of any
law,
order, regulation or official act.cralaw:red.Article 82Trials shall be conducted
and
judgement 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.chanrobles virtualawlibrary
- CHAPTER VII
- FINANCE
Article 83The power to administer
national
finances shall be exercised as the Diet shall determine.cralaw:red.Article 84No new taxes shall be
imposed
or existing ones modified except by law or under such conditions as law
may prescribe.cralaw:red.Article 85No money shall be
expended,
nor shall the State obligate itself, except as authorized by the Diet.cralaw:red.Article 86The Cabinet shall prepare
and
submit to the Diet for its consideration and decision a budget for each
fiscal year.cralaw:red.Article 87In 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 must get
subsequent
approval of the Diet for all payments from the reserve fund.cralaw:red.Article 88All property of the
Imperial
Household shall belong to the State. All expenses of the Imperial
Household
shall be appropriated by the Diet in the budget.cralaw:red.Article 89No public money or other
property
shall be expended or appropriated for the use, benefit or maintenance
of
any religious institution or association, or for any charitable,
educational
or benevolent enterprises not under the control of public authority.cralaw:red.Article 90Final accounts of the
expenditures
and revenues of the State shall be audited annually by a Board of Audit
and submitted by 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.cralaw:red.Article 91At regular intervals and
at
least annually the Diet and the people on the state of national
finances.chanrobles virtualawlibrary
- CHAPTER VIII
- LOCAL SELF-GOVERNMENT
Article 92Regulations concerning
organization
and operations of local public entities shall be fixed by law in
accordance
with the principle of local autonomy.cralaw:red.Article 93The local public entities
shall
establish assemblies as their deliberative organs, in accordance with
law.
2) The chief executive officers of all local public entities, the
members
of their assemblies, and such other local officials as may be
determined
by law shall be elected by direct popular vote within their several
communities.cralaw:red.Article 94Local public entities
shall
have the right to manage their property, affairs and administration and
to enact their own regulations within law.cralaw:red.Article 95A 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.chanrobles virtualawlibrary
- CHAPTER IX
- AMENDMENTS
Article 96Amendments 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.chanrobles virtualawlibrary
- CHAPTER X
- SUPREME LAW
Article 97The 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 inviolate.cralaw:red.Article 98This Constitution shall be
the
supreme law of the nation and no law, ordinance, imperial rescript 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.cralaw:red.Article 99The Emperor or the Regent
as
well as Ministers of State, members of the Diet, judges, and all other
public officials have the obligation to respect and uphold this
Constitution.chanrobles virtualawlibrary
- CHAPTER XI
- SUPPLEMENTARY
PROVISIONS
Article 100This 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 Councillors and the procedure for the convocation of the Diet and
other
preparatory procedures necessary for the enforcement of this
Constitution
may be executed before the day prescribed in the preceding paragraph.cralaw:red.Article 101If the House of
Councillors
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 Councillors shall be constituted.cralaw:red.Article 102The term of office for
half
the members of the House of Councillors serving in the first term under
this Constitution shall be three years. Members falling under this
category
shall be determined in accordance with law.cralaw:red.Article 103The 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. When, however,
successors are elected or appointed under the provisions of this
Constitution,
they shall forfeit their positions as a matter of course.chanrobles virtualawlibrary
THE
CONSTITUTION OF JAPAN
[November
3, 1946]
I rejoice that the foundation
for the construction of a new Japan has been laid according to the will
of the Japanese people, and hereby sanction and promulgate the
amendments
of the Imperial Japanese Constitution effected following the
consultation
with the Privy Council and the decision of the Imperial Diet made in
accordance
with Article 73 of the said Constitution.chanrobles virtualawlibrary
Signed:chanroblesvirtuallawlibrary
HIROHITO, Seal of the Emperor,
This third day of the eleventh month of the twenty-first year of Showa
(November 3, 1946).
Countersigned:chanroblesvirtuallawlibrary
- Prime Minister and
concurrently
Minister for Foreign Affairs YOSHIDA Shigeru,
- Minister of State
Baron SHIDEHARA
Kijuro,
- Minister of Justice
KIMURA Tokutaro,
- Minister for Home
Affairs OMURA
Seiichi,
- Minister of Education
TANAKA
Kotaro,
- Minister of
Agriculture and
Forestry WADA Hiroo,
- Minister of State
SAITO Takao,
- Minister of
Communication HITOTSUMATSU
Sadayoshi,
- Minister of Commerce
and Industry
HOSHIJIMA Jiro,
- Minister of Welfare
KAWAI Yoshinari,
- Minister of State
UEHARA Etsujiro,
- Minister of
Transportation HIRATSUKA
Tsunejiro,
- Minister of Finance
ISHIBASHI
Tanzan,
- Minister of State
KANAMORI Tokujiro,
- Minister of State ZEN
Keinosuke
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