The Constitution of Japan, 1946

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2010

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The Project Gutenberg EBook of The Constitution of Japan, 1946, by JapanThis eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it,give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online atwww.gutenberg.netTitle: The Constitution of Japan, 1946Author: JapanPosting Date: July 26, 2008 [EBook #612] Release Date: August, 1996Language: English*** START OF THIS PROJECT GUTENBERG EBOOK THE CONSTITUTION OF JAPAN, 1946 ***THE CONSTITUTION OF JAPAN, 1946Promulgated on November 3, 1946; Put into effect on May 3, 1947.We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shallsecure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of libertythroughout this land, and resolved that never again shall we be visited with the horrors of war through the action ofgovernment, 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 areexercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a universalprinciple of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws, ordinances,and rescripts in conflict ...

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08 décembre 2010

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JTAHPE ACNO, N19S4T6ITUTION OFPromulgated on November 3, 1946; Put into effecton May 3, 1947.We, the Japanese people, acting through our dulyelected representatives in the National Diet,determined that we shall secure for ourselves andour posterity the fruits of peaceful cooperation withall nations and the blessings of liberty throughoutthis land, and resolved that never again shall we bevisited with the horrors of war through the action ofgovernment, do proclaim that sovereign powerresides with the people and do firmly establish thisConstitution. Government is a sacred trust of thepeople, the authority for which is derived from thepeople, the powers of which are exercised by therepresentatives of the people, and the benefits ofwhich are enjoyed by the people. This is a

universal principle of mankind upon which thisConstitution is founded. We reject and revoke allconstitutions, laws, ordinances, and rescripts inconflict herewith.We, the Japanese people, desire peace for all timeand are deeply conscious of the high idealscontrolling human relationship, and we havedetermined to preserve our security and existence,trusting in the justice and faith of the peace-lovingpeoples of the world. We desire to occupy anhonored place in an international society striving forthe preservation of peace, and the banishment oftyranny and slavery, oppression and intolerance forall time from the earth. We recognize that allpeoples of the world have the right to live in peace,free from fear and want.We believe that no nation is responsible to itselfalone, but that laws of political morality areuniversal; and that obedience to such laws isincumbent upon all nations who would sustain theirown sovereignty and justify their sovereignrelationship with other nations.We, the Japanese people, pledge ournational honor to accomplish these highideals and purposes with all our resources.CHAPTER I. THE EMPERORArticle 1. The Emperor shall be the symbol of the

State and of the unity of the people, deriving hisposition from the will of the people with whomresides sovereign power.Article 2. The Imperial Throne shall be dynastic andsucceeded to in accordance with the ImperialHouse law passed by the Diet.sAhrtailcl leb e3 .r eTqhueir aedd vfiocre aalln ad ctasp porf otvhael oEf mthpee roCra ibninetmatters of state, and the Cabinet shall beresponsible therefor.iAnr timclaett e4r. sT ohfe stEamtep earso ra rseh aplrl opveidrfeodr fmo ro innl yt hsiusch actsConstitution and he shall not have powers relatedto government(2) The Emperor may delegate theperformance of his acts in matters of stateas may be provided by law.Article 5. When, in accordance with the ImperialHouse law, a Regency is established, the Regentshall perform his acts in matter of state in theEmperor's name. In this case, paragraph one ofthe article will be applicable. Article 6. The Emperor shall appoint the PrimeMinister asdesignated by the Diet. (2) The Emperor shall appoint the Chief Judgeof the SupremeCourt as designated by the Cabinet.

Article 7. The Emperor, with the advice andapproval of the Cabinet, shall perform the followingacts in makers of state on behalf of the people:(i) Promulgation of amendments of theconstitution, laws, cabinet orders andtreaties;(ii) Convocation of the Diet;(iii) Dissolution of the House of Representatives;(iv) Proclamation of general election ofmembers of the Diet;(v) Attestation of the appointment anddismissal of Ministers of State and otherofficials as provided for by law, and of fullpowers and credentials of Ambassadors andMinisters;(vi) Attestation of general and specialamnesty, commutation of punishment,reprieve, and restoration of rights;(vii) Awarding of honors;(viii) Attestation of instruments of ratificationand other diplomatic documents as providedfor by law;(ix) Receiving foreign ambassadors and ministers;(x) Performance of ceremonial functions.

Article 8. No property can be given to, or receivedby, the Imperial House, nor can any gifts be madetherefrom, without the authorization of the Diet.CHAPTER II. RENUNCIATION OF WARArticle 9. Aspiring sincerely to an internationalpeace based on justice and order, the Japanesepeople forever renounce war as a sovereign rightof the nation and the threat or use of force as amean of settling international disputes.(2) In order to accomplish the aim of the precedingparagraph, land, sea, and air forces, as well asother war potential, will never be maintained. Theright of belligerency of the state will not berecognized.CHAPTER III. RIGHTS AND DUTIES OFTHE PEOPLEArticle 10. The conditions necessary forbeing a Japanese national shall bedetermined by law.Article 11. The people shall not be prevented fromenjoying any of the fundamental human rights.These fundamental human rights guaranteed tothe people by this Constitution shall be conferredupon the people of this and future generations as

eternal and inviolate rights.Article 12. The freedoms and rights guaranteed tothe people by this Constitution shall be maintainedby the constant endeavor of the people, who shallrefrain from any abuse of these freedoms andrights and shall always be responsible for utilizingthem for the public welfare.Article 13. All of the people shall be respected asindividuals. Their right to life, liberty, and thepursuit of happiness shall, to the extent that it doesnot interfere with the public welfare, be thesupreme consideration in legislation and in othergovernmental affairs.Article 14. All of the people are equal under the lawand 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 ofhonor, decoration or any distinction, nor shall anysuch award be valid beyond the lifetime of theindividual who now holds or hereafter may receive.ti Article 15. The people have the inalienable rightto choosetheir public officials and to dismiss them. (2) All public officials are servants of the wholecommunity

and not of any group thereof. (3) Universal adult suffrage is guaranteed withregard tothe election of public officials.(4) In all elections, secrecy of the ballot shall not beviolated. A voter shall not be answerable, publiclyor privately, for the choice he has made.Article 16. Every person shall have the right ofpeaceful petition for the redress of damage, for theremoval of public officials, for the enactment,repeal or amendment of law, ordinances orregulations and for other matters, nor shall anyperson be in any way discriminated againstsponsoring such a petition.Article 17. Every person may sue for redress aspcraosvei dheed hbays l asuwf fferroemd tdhae mSatgatee t horr oau gphu billliec gealn taitcyt, oinfany public official.Article 18. No person shall be held in bondage ofany kind. Involuntary servitude, except aspunishment for crime, is prohibited.cAortnicslcei e1n9c. eF rsehealdl onmot obf et hviooulagthet da.ndArticle 20. Freedom of religion is guaranteed to all.No religious organization shall receive anyprivileges from the State nor exercise any politicalauthority.

(2) No person shall be compelled to take part inynareligious acts, celebration, rite or practice. (3) The state and its organs shall refrain fromreligiouseducation or any other religious activity. Article 21. Freedom of assembly andassociation as well asspeech, press and all other forms of expressionare guaranteed. (2) No censorship shall be maintained, nor shallthe secrecyof any means of communication be violated.cAhrtoicolse e 2a2.n dE vcehrayn gpee rhsios nr esshiadlle nhcaev ea fnrde etod ocmh otoosehis occupation to the extent that it does notinterfere with the public welfare.(2) Freedom of all persons to move to aforeign country and to divest themselves oftheir nationality shall be inviolate.Article 23. Academic freedom is guaranteed.Amrutitculeal 2c4o. nsMeanrtr iaofg eb osthh alsl ebxee sb aasnedd i t osnhlya llo nb etheemqauinatl ariingehtds t horf ohuugshb amnudt uaanl dc owoifpe earast iao nb awsiitsh. the(2) With regard to choice of spouse, propertyrights, inheritance, choice of domicile, divorce and

other matters pertaining to marriage and theifnadmiviliyd,u laal wdsi gsnhitayl l abned etnhae cetessd efrntoiaml tehqeu asltitayn dofp toihnet ofsexes.Article 25. All people shall have the right tomaintain the minimum standards ofwholesome and cultured living.(2) In all spheres of life, the State shall use itsendeavors for the promotion and extension ofsocial welfare and security, and of public health.Article 26. All people shall have the right to receivean equal education correspondent to their ability,as provided by law.(a2n)d Aglli rlpse oupnldee rs hthalel irb ep roobtleigctaitoend r teoc ehiavvee oarldl ibnoaryysceodumcpautlisoonrsy aesd purcoavtiiodne ds fhoarll bbye lfarwe.e .Such Article 27. All people shall have the right andehtobligation to work. (2) Standards for wages, hours, rest and otherworkingconditions shall be fixed by law.(3) Children shall not be exploited. Article 28. The right of workers to organize andto bargainand act collectively is guaranteed.

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