The constitution has a length of approximately 5,000 words and consists of a preamble and 103 articles grouped into 11 chapters. These are: • I. The Emperor (Articles 1–8) • II. Renunciation of War (
Article 9) • III. Rights and Duties of the People (Articles 10–40) • IV. The Diet (Articles 41–64) • V. The Cabinet (Articles 65–75) • VI. Judiciary (Articles 76–82) • VII. Finance (Articles 83–91) • VIII. Local Self–Government (Articles 92–95) • IX. Amendments (Article 96) • X. Supreme Law (Articles 97–99) • XI. Supplementary Provisions (Articles 100–103)
Edict and Ministers of State The constitution starts with an imperial edict made by the
Emperor. It contains the Emperor's
Privy Seal and signature, and is countersigned by the
Prime Minister and other
Ministers of State as required by the previous
constitution of the Empire of Japan. The edict states: 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.
Preamble The constitution contains a firm declaration of the principle of
popular sovereignty in the preamble. This is proclaimed in the name of the "
Japanese people" and declares that "sovereign power resides with the people" and that: 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. Part of the purpose of this language is to refute the previous
constitutional theory that sovereignty resided in the Emperor. The constitution asserts that the Emperor is merely a symbol of the
state, and that he derives "his position from the will of the people with whom resides
sovereign power" (Article 1). The text of the constitution also asserts the liberal doctrine of
fundamental human rights. In particular Article 97 states that: the fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate.
The Emperor (Articles 1–8) Under the constitution, the Emperor is "the symbol of the State and of the unity of the people". Sovereignty rests with the people, not the Emperor as it did under the
Meiji Constitution. The
Supreme Court of Japan has found that the stationing of U.S. forces did not violate Article 9, because it did not involve forces under Japanese command. On 1 July 2014, the
Cabinet of Japan approved a reinterpretation of Article 9 to allow the nation to engage in "collective self-defense". The United States has pressured Japan to amend Article 9 and to rearm as early as 1948 with Japan gradually expanding its military capabilities, "sidestepping constitutional constraints".
Individual rights (Articles 10–40) "The rights and duties of the people" are featured prominently in the post-war constitution. Thirty-one of its 103 articles are devoted to describing them in detail, reflecting the commitment to "respect for the fundamental human rights" of the
Potsdam Declaration. Although the Meiji Constitution had a section devoted to the "rights and duties of subjects" which guaranteed "liberty of speech, writing, publication, public meetings, and associations", these rights were granted "within the limits of law" and could be limited by legislation. Article 13 has been used as the basis to establish constitutional
rights to privacy,
self-determination and the control of an individual's own image, rights which are not explicitly stated in the constitution. Subsequent provisions provide for: •
Equality before the law: The constitution guarantees equality before the law and outlaws discrimination against Japanese citizens based on "political, economic or social relations" or "race, creed, sex, social status or family origin" (Article 14). The right to vote cannot be denied on the grounds of "race, creed, sex, social status, family origin, education, property or income" (Article 44). Equality between the sexes is explicitly guaranteed in relation to marriage (Article 24) and childhood education (Article 26). •
Prohibition of peerage: Article 14 forbids the state from recognising peerage. Honors may be conferred, but they must not be hereditary or grant special privileges. •
Democratic elections: Article 15 provides that "the people have the
inalienable right to choose their public officials and to dismiss them". It guarantees universal adult (in Japan, persons age 20 and older) suffrage and the
secret ballot. •
Prohibition of slavery: Guaranteed by Article 18. Involuntary servitude is permitted only as punishment for a crime. •
Separation of Religion and State: The state is prohibited from granting privileges or political authority to a religion, or conducting religious education (Article 20). •
Freedom of assembly, association, speech, and secrecy of communications: All guaranteed without qualification by Article 21, which forbids
censorship. • '''
Workers' rights''': Work is declared both a right and obligation by Article 27 which also states that "standards for wages, hours, rest and other working conditions shall be fixed by law" and that children shall not be exploited. Workers have the right to participate in a trade union (Article 28). •
Right to property: Guaranteed subject to the "
public welfare". The state may take property for public use if it pays just compensation (Article 29). The state also has the right to levy taxes (Article 30). •
Right to due process: Article 31 provides that no one may be punished "except according to procedure established by law". Article 32, which provides that "No person shall be denied the right of access to the courts", originally drafted to recognize criminal due process rights, is now also understood as the source of due process rights for civil and administrative law cases. •
Protection against unlawful detention: Article 33 provides that no one may be apprehended without an arrest warrant, save where caught
in flagrante delicto. Article 34 guarantees
habeas corpus, right to counsel, and right to be informed of charges. Article 40 enshrines the right to sue the state for wrongful detention. •
Right to a fair trial: Article 37 guarantees the right to a
public trial before an impartial tribunal with counsel for one's defence and compulsory access to witnesses. •
Protection against self-incrimination: Article 38 provides that no one may be compelled to testify against themselves, that confessions obtained under duress are not admissible, and that no one may be convicted solely
on the basis of their own confession. •
Other guarantees: •
Right to petition government (Article 16) • Right to
sue the state (Article 17) •
Freedom of thought and conscience (Article 19) •
Freedom of expression (Article 19) •
Freedom of religion (Article 20) • Rights to change residence, choose employment, move abroad and relinquish nationality (Article 22) •
Academic freedom (Article 23) • Prohibition of
forced marriage (Article 24) •
Compulsory education (Article 26) • Protection against entries,
search and seizures (Article 35) • Prohibition of
torture and cruel punishments (Article 36) • Prohibition of
ex post facto laws (Article 39) • Prohibition of
double jeopardy (Article 39) Under Japanese case law, constitutional human rights apply to corporations to the extent possible given their corporate nature. Constitutional human rights also apply to foreign nationals to the extent that such rights are not by their nature only applicable to citizens (for example, foreigners have no right to enter Japan under Article 22 and no right to vote under Article 15, and their other political rights may be restricted to the extent that they interfere with the state's decision making).
Organs of government (Articles 41–95) The constitution establishes a parliamentary system of government in which legislative authority is vested in a bicameral
National Diet. Although a bicameral Diet existed under the existing constitution, the new constitution abolished the upper
House of Peers, which consisted of members of the
nobility (similar to the British
House of Lords). The new constitution provides that both chambers be directly elected, with a lower
House of Representatives and an upper
House of Councillors. The Diet nominates the Prime Minister from among its members, although the Lower House has the final authority if the two Houses disagree. Thus, in practice, the Prime Minister is the leader of the majority party of the Lower House. The House of Representatives has the sole ability to pass a
vote of no confidence in the Cabinet, can override the House of Councillors' veto on any bill, and has priority in determining the national budget, and approving treaties. Executive authority is vested in a
cabinet, jointly responsible to the Diet, and headed by a
Prime Minister. The prime minister and a majority of the cabinet members must be members of the Diet, and have the right and obligation to attend sessions of the Diet. The Cabinet may also advise the Emperor to dissolve the House of Representatives and call for a general election to be held. The judiciary consists of several lower courts headed by a
Supreme Court. The
Chief Justice of the Supreme Court is nominated by the Cabinet and
appointed by the Emperor, while other justices are nominated and appointed by the Cabinet and attested by the Emperor. Lower court judges are nominated by the Supreme Court, appointed by the Cabinet and attested by the Emperor. All courts have the power of
judicial review and may interpret the constitution to overrule statutes and other government acts, but only in the event that such interpretation is relevant to an actual dispute. The constitution also provides a framework for
local government, requiring that local entities have elected heads and assemblies, and providing that government acts applicable to particular local areas must be approved by the residents of those areas. These provisions formed the framework of the
Local Autonomy Law of 1947, which established the modern system of
prefectures,
municipalities and other local government entities.
Amendments (Article 96) Under Article 96, amendments to the 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". The constitution has not been amended since its implementation in 1947, although there have been movements led by the
Liberal Democratic Party to make various amendments to it.
Other provisions (Articles 97–103) Article 97 provides for the inviolability of fundamental human rights. Article 98 provides that the constitution takes precedence over any "law, ordinance, imperial rescript or other act of government" that offends against its provisions, and that "the treaties concluded by Japan and established laws of nations shall be faithfully observed". In most nations it is for the legislature to determine to what extent, if at all,
treaties concluded by the state will be reflected in its domestic law; under Article 98, however,
international law and the treaties Japan has ratified automatically form a part of domestic law. Article 99 binds the Emperor and public officials to observe the constitution. The final four articles set forth a six-month transitional period between adoption and implementation of the Constitution. This transitional period took place from 3 November 1946, to 3 May 1947. Pursuant to Article 100, the
first House of Councillors election was held during this period in April 1947, and pursuant to Article 102, half of the elected Councillors were given three-year terms. A
general election was also held during this period, as a result of which several former House of Peers members moved to the House of Representatives. Article 103 provided that public officials currently in office would not be removed as a direct result of the adoption or implementation of the new Constitution. ==Political parties==