Japan

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The Constitution of Japan (Shinjitai: 日本国憲法 Kyūjitai: 日本國憲法, Nihon-koku Kenpō, Nippon-koku Kenpō^?) has been the founding legal document of Japan since 1946. The constitution provides for a parliamentary system of government and guarantees certain fundamental rights. Under its terms the Emperor of Japan is "a symbol of the Japanese nation and the unity of its people" and exercises a purely ceremonial role without the possession of sovereignty. Thus, unlike other monarchs, he is not formally the head of state although he is portrayed and treated as though he were. The constitution is perhaps most famous for the renunciation of the right to wage war contained in Article 9 and to a lesser extent, the provision for de jure popular sovereignty in conjunction with the monarchy. The following text needs to be harmonized with text in the article Japan#Government and politics. ... For the CPR ocean liner, see Empress of Japan. ... The following is a traditional list of Emperors of Japan. ... Akihito () (born December 23, 1933) is the current Emperor ) of Japan, the 125th sovereign to hold that title, according to the traditional order of succession. ... Imperial Household Agency building on the grounds of the Imperial Palace in Tokyo The Imperial Household Agency ) is a government agency of Japan in charge of the state matters concerning Japans imperial family and also keeping the Privy Seal and the State Seal. ... The Prime Minister of Japan (内閣総理大臣 Naikaku sōri daijin) is the usual English-language term used for the head of government of Japan, although the literal translation of the Japanese name for the office is Prime Minister of the Cabinet. ... This is a historical list of individuals who have served as Prime Minister of Japan. ... Shinzo Abe , ; born September 21, 1954) is the current Prime Minister of Japan, elected by a special session of the National Diet on September 26, 2006. ... The Cabinet (内閣, Naikaku) is the executive branch of the government of Japan. ... The most influential part of the executive of the Japanese government are the ministries. ... The National Diet of Japan ) is Japans legislature. ... The House of Councillors ) is the upper house of the Diet of Japan. ... The House of Representatives ) is the lower house of the Diet of Japan. ... In the judicial system of Japan, the postwar constitution guarantees that all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws (Article 76). ... The Japanese political system has three types of elections: general elections to the House of Representatives held every four years (unless the lower house is dissolved earlier), elections to the House of Councillors held every three years to choose one-half of its members, and local elections held every four... Japan held a nationwide election to the House of Representatives, the more powerful lower house of the National Diet, on February 18, 1990. ... Japan held a nationwide election to the House of Representatives, the more powerful lower house of the National Diet, on July 18, 1993. ... A general election took place in Japan on October 20, 1996. ... Elections to the Shugi-In (House of Representatives) of the Japanese Diet were held on 25 June 2000. ... Incumbent Prime Minister Junichiro Koizumi A general election took place in Japan on November 9, 2003. ... Elections to the House of Councillors, the upper house of the legislature of Japan, were held on July 11, 2004. ... For a breakdown of the results by block district with maps, see Results of Japan general election, 2005 Japan held a nationwide election to the House of Representatives, the more powerful lower house of the National Diet, on 11 September 2005, about two years before the end of the term... Elections to the House of Councillors, the upper house of the legislature of Japan, will be held on July 22, 2007. ... Political parties in Japan lists political parties in Japan. ... The Liberal Democratic Party ), frequently abbreviated to LDP or Jimintō ), is a conservative political party and the largest party in Japan, which has been ruling almost uninterruptedly since Japan regained independence after World War II. It is not to be confused with the now-defunct Liberal Party ), which merged with... The Democratic Party of Japan ) is a liberal party in Japan. ... The New Komeito ), New Komeito Party , or NKP is a political party in Japan formed by Daisaku Ikeda, leader of the Buddhist organization Soka Gakkai. ... The Japanese Communist Party or Japan Communist Party (JCP) (in Japanese 日本共産党, Nihon Kyōsan-tō) is a political party in Japan. ... The Social Democratic Party (社会民主党 Shakai Minshu-tō, often abbreviated to 社民党 Shamin-tō; also abbreviated as SDP in English) is a political party of Japan. ... } While Japans political mainstream can be described as a one and a half party system, with the LDP being the dominant force, there is room for political extremism to the left and the right. ... The prefectures of Japan are the countrys 47 sub-national jurisdictions: one metropolis (都 to), Tokyo; one circuit (道 dō), Hokkaidō; two urban prefectures (府 fu), Osaka and Kyoto; and 43 other prefectures (県 ken). ... Monetary policy pertains to the regulation, availability, and cost of credit, while fiscal policy deals with government expenditures, taxes, and debt. ... The primary responsibility for the Japanese foreign policy, as determined by the 1947 constitution, is exercised by the cabinet and subject to the overall supervision of the National Diet. ... Despite the burst of the Japanese asset price bubble in the early 1990s and the subsequent slow economic growth, Japan remains a major economic and cultural power. ... Japan is a liberal democracy. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... Shinjitai (in Shinjitai: ; in KyÅ«jitai: æ–°å­—é«”; meaning new character form), are the forms of Kanji used in Japan since the promulgation of the Tōyō Kanji List in 1946. ... Look up KyÅ«jitai in Wiktionary, the free dictionary KyÅ«jitai (旧字体, きゅうじたい) is the traditional form of the Japanese kanji used before 1947. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ... This article does not cite any references or sources. ... For the CPR ocean liner, see Empress of Japan. ... Sovereignty is the exclusive right to exercise supreme political (e. ... The Constitution of Japan has the Article 9 No War clause. ... Look up De jure in Wiktionary, the free dictionary. ...

The constitution was drawn up under the Allied occupation that followed World War II and was intended to replace Japan's previous imperial system with a form of liberal democracy. It is a rigid document and no subsequent amendment has been made to it since its adoption. Capital Tokyo Language(s) Japanese Political structure Military occupation Military Governor of Japan  - 1945-1951 Douglas MacArthur  - 1951-1952 Matthew Ridgway Emperor  - 1926-1989 Hirohito Historical era Post-WWII  - Surrender of Japan August 15, 1945  - San Francisco Peace Treaty April 28, 1952 At the end of the Second World War... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Liberal democracy is a form of government. ...

Historical origins

Meiji Constitution

The Constitution of the Empire of Japan of 1889, more commonly known as the Imperial or Meiji Constitution, was the first modern constitution of Japan. Enacted as part of the Meiji Renewal, it provided for a form of constitutional monarchy based on the Prussian model, in which the Emperor of Japan was an active ruler and wielded considerable political power, but shared this with the elected diet. Jōyu (上諭) - The Emperors words (1) The Constitution of the Empire of Japan ), more commonly known as the Imperial or Meiji Constitution, was the fundamental law of the Empire of Japan from 29 November 1889 until 2 May 1947. ... The Meiji Restoration ), also known as the Meiji Ishin, Revolution, or Renewal, was a chain of events that led to enormous changes in Japans political and social structure. ... This does not cite any references or sources. ... Motto Suum cuique Latin: To each his own Prussia at its peak, as leading state of the German Empire Capital Königsberg, later Berlin Government Duke1  - 1525–68 Albert I (first)  - 1688–1701 Frederick III (last) King1  - 1701–13 Frederick I (first)  - 1888–1918 William II (last) Prime Minister1,2... For the CPR ocean liner, see Empress of Japan. ... In politics, a Diet is a formal deliberative assembly. ...

The Constitution of Japan was largely drafted by US lawyers in the occupation authority. This image is of a secret memo written by members of the authority on the subject of the new constitution.

The original copy of "the Constitution of Japan"

"Emperor's words"

"The Imperial Signature and Seal"

"The Preamble to the Constitution"

Download high resolution version (1024x1536, 535 KB)Page 4 of a memorandum from Lt. ... Download high resolution version (1024x1536, 535 KB)Page 4 of a memorandum from Lt. ... Wikipedia does not have an article with this exact name. ... Wikipedia does not have an article with this exact name. ... Download high resolution version (462x640, 39 KB) Wikipedia does not have an article with this exact name. ... Download high resolution version (462x640, 39 KB) Wikipedia does not have an article with this exact name. ... Wikipedia does not have an article with this exact name. ... Wikipedia does not have an article with this exact name. ... Wikipedia does not have an article with this exact name. ... Wikipedia does not have an article with this exact name. ...

The Potsdam Declaration

On 26 July 1945, Allied leaders Winston Churchill, Harry S. Truman, and Chiang Kai-Shek issued the Potsdam Declaration, which demanded Japan's unconditional surrender. This declaration also defined the major goals of the postsurrender Allied occupation: "The Japanese government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people. Freedom of speech, of religion, and of thought, as well as respect for the fundamental human rights shall be established" (Section 10). In addition, the document stated: "The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with the freely expressed will of the Japanese people a peacefully inclined and responsible government" (Section 12). The Allies sought not merely punishment or reparations from a militaristic foe, but fundamental changes in the nature of its political system. In the words of political scientist Robert E. Ward: "The occupation was perhaps the single most exhaustively planned operation of massive and externally directed political change in world history." July 26 is the 207th day of the year (208th in leap years) in the Gregorian calendar. ... Year 1945 (MCMXLV) was a common year starting on Monday (link will display the full calendar). ... Sir Winston Leonard Spencer-Churchill, KG, OM, CH, TD, FRS, PC (Can) (30 November 1874 – 24 January 1965) was a British politician, soldier in the British Army, orator, and strategist, and is studied as part of the modern British and world history. ... Harry S. Truman (May 8, 1884 – December 26, 1972) was the thirty-third President of the United States (1945–1953); as Vice President, he succeeded to the office upon the death of Franklin D. Roosevelt. ... Chiang Kai-shek (October 31, 1887 – April 5, 1975) was the Chinese military and political leader who assumed the leadership of the Kuomintang (KMT) after the 1925 death of Sun Yat-sen. ... The Potsdam Declaration or the Proclamation Defining Terms for Japanese Surrender (not to be confused with the Potsdam Agreement) was a statement issued on July 26, 1945 by Harry S. Truman, Winston Churchill, and Chiang Kai-Shek which outlined the terms of surrender for Japan as agreed upon at the... Capital Tokyo Language(s) Japanese Political structure Military occupation Military Governor of Japan  - 1945-1951 Douglas MacArthur  - 1951-1952 Matthew Ridgway Emperor  - 1926-1989 Hirohito Historical era Post-WWII  - Surrender of Japan August 15, 1945  - San Francisco Peace Treaty April 28, 1952 At the end of the Second World War... Freedom of speech is the concept of being able to speak freely without censorship. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ...

Drafting process

The wording of the Potsdam Declaration—"The Japanese Government shall remove all obstacles..."—and the initial postsurrender measures taken by Douglas MacArthur, the Supreme Commander for the Allied Powers (SCAP), suggest that neither he nor his superiors in Washington intended to impose a new political system on Japan unilaterally. Instead, they wished to encourage Japan's new leaders to initiate democratic reforms on their own. But by early 1946, MacArthur's staff and Japanese officials were at odds over the most fundamental issue, the writing of a new constitution. Prime Minister Shidehara Kijuro and many of his colleagues were extremely reluctant to take the drastic step of replacing the 1889 Meiji Constitution with a more liberal document. In late 1945, Shidehara appointed Matsumoto Joji, state minister without portfolio, head of a blue-ribbon committee of constitutional scholars to suggest revisions. The Matsumoto Commission's recommendations, made public in February 1946, were quite conservative (described by one Japanese scholar in the late 1980s as "no more than a touching-up of the Meiji Constitution"). MacArthur rejected them outright and ordered his staff to draft a completely new document. General of the Army Douglas MacArthur KCB (January 26, 1880 – April 5, 1964), was an American general and Field Marshal of the Philippines Army. ... The Prime Minister of Japan (内閣総理大臣 Naikaku sōri daijin) is the usual English-language term used for the head of government of Japan, although the literal translation of the Japanese name for the office is Prime Minister of the Cabinet. ... Shidehara on a 1931 issue of TIME magazine. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ...

Much of it was drafted by two senior army officers with law degrees: Milo Rowell and Courtney Whitney. The articles about equality between men and women are reported to be written by Beate Sirota. Although the document's authors were non-Japanese, they took into account the Meiji Constitution, the demands of Japanese lawyers, and the opinions of pacifist political leaders such as Shidehara and Yoshida Shigeru. The draft was presented to surprised Japanese officials on 13 February 1946. On 6 March 1946, the government publicly disclosed an outline of the pending constitution. On 10 April elections were held to the House of Representatives of the Ninetieth Imperial Diet, which would consider the proposed constitution. The election law having been changed, this was the first general election in Japan in which women were permitted to vote. Rowell and Whitney analyzed the many proposals in Japans postwar constitutional debate, and outlined them to form the framework of the Japanese Constitution of 1946. ... Whitney fought alongside Douglas MacArthur and Edward Almond in the Korean War. ... Beate Sirota Gordon (born in Vienna in 1924) was a member of a team that worked for Douglas MacArthur on the Constitution of Japan. ... Shigeru Yoshida (吉田 茂 Yoshida Shigeru, September 22, 1878–October 20, 1967) was the Prime Minister of Japan from 1946 to 1947 and from 1948 to 1954. ... is the 44th day of the year in the Gregorian calendar. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ... is the 65th day of the year (66th in leap years) in the Gregorian calendar. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ... is the 100th day of the year (101st in leap years) in the Gregorian calendar. ... A general election is an election in which all or most members of a given political body are up for election. ...

The MacArthur draft, which proposed a unicameral legislature, was changed at the insistence of the Japanese to allow a bicameral legislature, both houses being elected. In most other important respects, however, the ideas embodied in the 13 February document were adopted by the government in its own draft proposal of 6 March. These included the constitution's most distinctive features: the symbolic role of the Emperor, the prominence of guarantees of civil and human rights, and the renunciation of war. Unicameralism is the practice of having only one legislative or parliamentary chamber. ... In government, bicameralism is the practice of having two legislative or parliamentary chambers. ... is the 44th day of the year in the Gregorian calendar. ... is the 65th day of the year (66th in leap years) in the Gregorian calendar. ... For the CPR ocean liner, see Empress of Japan. ...

Adoption

It was decided that in adopting the new document the Meiji Constitution would not be violated, but rather legal continuity would be maintained. Thus the 1946 constitution was adopted as an amendment to the Meiji Constitution in accordance with the provisions of Article 73 of that document. Under Article 73 the new constitution was formally submitted to the Imperial Diet by the Emperor, through an imperial rescript issued on 20 June. The draft constitution was submitted and deliberated upon as the Bill for Revision of the Imperial Constitution. The old constitution required that the bill receive the support of a two-thirds majority in both houses of the Diet in order to become law. After both chambers had made some amendments the House of Peers approved the document on 6 October; it was adopted in the same form by the House of Representatives the following day, with only five members voting against, and finally became law when it received the Emperor's assent on 3 November. Under its own terms the constitution came into effect six months later on 3 May 1947. refers to either the historic institution of the Reichstag in Germany, or Diet of Japan. ... is the 171st day of the year (172nd in leap years) in the Gregorian calendar. ... The House of Peers (貴族院 Kizokuin) was the upper house of the Imperial Diet under the Constitution of the Empire of Japan (in effect from 11 February 1889 to 3 May 1947). ... October 6 is the 279th day of the year (280th in leap years). ... The House of Representatives ) is the lower house of the Diet of Japan. ... is the 307th day of the year (308th in leap years) in the Gregorian calendar. ... is the 123rd day of the year (124th in leap years) in the Gregorian calendar. ... 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ...

Early proposals for amendment

The new constitution would not have been written the way it was had MacArthur and his staff allowed Japanese politicians and constitutional experts to resolve the issue as they wished. The document's foreign origins have, understandably, been a focus of controversy since Japan recovered its sovereignty in 1952. Yet in late 1945 and 1946, there was much public discussion on constitutional reform, and the MacArthur draft was apparently greatly influenced by the ideas of certain Japanese liberals. The MacArthur draft did not attempt to impose a United States-style presidential or federal system. Instead, the proposed constitution conformed to the British model of parliamentary government, which was seen by the liberals as the most viable alternative to the European absolutism of the Meiji Constitution. 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... enlightened desportism is the act when a prist lies in order to become better in the eyes of the churchEnlightened absolutism (also known as benevolent or enlightened despotism) is a form of despotism in which rulers were influenced by the Enlightenment, a historical period. ...

After 1952 conservatives and nationalists attempted to revise the constitution to make it more "Japanese", but these attempts were frustrated for a number of reasons. One was the extreme difficulty of amending it. Amendments require approval by two-thirds of the members of both houses of the National Diet before they can be presented to the people in a referendum (Article 96). Also, opposition parties, occupying more than one-third of the Diet seats, were firm supporters of the constitutional status quo. Even for members of the ruling Liberal Democratic Party (LDP), the constitution was advantageous. They had been able to fashion a policy-making process congenial to their interests within its framework. Yasuhiro Nakasone, a strong advocate of constitutional revision during much of his political career, for example, downplayed the issue while serving as prime minister between 1982 and 1987. Japanese nationalism, also known as Japanese imperialism or Japanese nationalist ideology is a generic title, referring to a complex series of patriotic and nationalist ideas held in Japan. ... The Liberal Democratic Party ), frequently abbreviated to LDP or Jimintō ), is a conservative political party and the largest party in Japan, which has been ruling almost uninterruptedly since Japan regained independence after World War II. It is not to be confused with the now-defunct Liberal Party ), which merged with... Yasuhiro Nakasone (中曽根 康弘 Nakasone Yasuhiro, b. ...

Main provisions

Politics Under Constitution of Japan

Image File history File links Download high resolution version (1300x1090, 40 KB) A rule organization chart under the Constitution of Japan. ... Image File history File links Download high resolution version (1300x1090, 40 KB) A rule organization chart under the Constitution of Japan. ...

Structure

The constitution has a length of approximately 5,000 words. It consists of a preamble and 103 articles grouped into eleven chapters. These are:

• I. The Emperor (1–8)
• II. Renunciation of War (9)
• III. Rights and Duties of the People (10–40)
• IV. The Diet (41–64)
• V. The Cabinet (65–75)
• VI. Judiciary (76–82)
• VII. Finance (83–91)
• VIII. Local Self–Government (92–95)
• IX. Amendments (96)
• X. Supreme Law (97–99)
• XI. Supplementary Provisions (100–103)

Founding principles

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

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 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 Liberalism is an ideology, philosophical view, and political tradition which holds that liberty is the primary political value. ...

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.

Organs of government

Main article: Government of Japan This article describes the structure of the Japanese Government. ...

The constitution establishes a parliamentary system of government. The Emperor carries out most of the functions of a head of state but his role is merely ceremonial and, unlike the forms of constitutional monarchy found in some other nations, he possesses no reserve powers. Legislative authority is vested in a bicameral National Diet and, whereas previously the upper house had consisted of members of the nobility, the new constitution provided that both chambers be directly elected. Executive authority is exercised by a Prime Minister and cabinet answerable to the legislature, while the judiciary is headed by a Supreme Court. Queen Elizabeth II, is the Head of State of 16 countries including: the United Kingdom, Canada, Australia, Jamaica, New Zealand and the Bahamas, as well as crown colonies and overseas territories of the United Kingdom. ... This does not cite any references or sources. ... In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. ... In government, bicameralism is the practice of having two legislative or parliamentary chambers. ... The National Diet of Japan ) is Japans legislature. ... An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house. ... The Prime Minister of Japan (内閣総理大臣 Naikaku sōri daijin) is the usual English-language term used for the head of government of Japan, although the literal translation of the Japanese name for the office is Prime Minister of the Cabinet. ... The Cabinet (内閣, Naikaku) is the executive branch of the government of Japan. ... The Supreme Court of Japan ((最高裁判所 Saikō-Saibansho; called 最高裁 Saikō-Sai for short), located in Chiyoda, Tokyo is the highest court in Japan. ...

Individual rights

"The rights and duties of the people" are prominently featured in the postwar constitution. Altogether, thirty-one of its 103 articles are devoted to describing them in considerable 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". Freedom of religious belief was allowed "insofar as it does not interfere with the duties of subjects" (all Japanese were required to acknowledge the Emperor's divinity, and those, such as Christians, who refused to do so out of religious conviction were accused of lèse-majesté). Such freedoms are delineated in the postwar constitution without qualification. The Potsdam Declaration or the Proclamation Defining Terms for Japanese Surrender (not to be confused with the Potsdam Agreement) was a statement issued on July 26, 1945 by Harry S. Truman, Winston Churchill, and Chiang Kai-Shek which outlined the terms of surrender for Japan as agreed upon at the... Jōyu (上諭) - The Emperors words (1) The Constitution of the Empire of Japan ), more commonly known as the Imperial or Meiji Constitution, was the fundamental law of the Empire of Japan from 29 November 1889 until 2 May 1947. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Archbishop of Canterbury Patriarch of Constantinople Christianity Portal This box:      A Christian () is a... Lese majesty, leze majesty, or lèse majesté (from the Latin Laesa maiestatis, injury to the Majesty) is the crime of violating majesty, an offense against the dignity of a reigning sovereign or against a state. ...

• Liberty: The constitution asserts the right of the people "to be respected as individuals" and, subject to "the public welfare", to "life, liberty, and the pursuit of happiness" (Article 13).
• Equality: The constitution guarantees equality before the law and outlaws discrimination 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. Honours 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 suffrage and the secret ballot.
• Prohibition of slavery: Guaranteed by Article 18. Involuntary servitude is only permitted as punishment for a crime.
• Prohibition of establishment: Establishment is not explicitly mentioned. However, 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 to work 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".
• 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 religion (Article 20)
  • Academic freedom (Article 23)
  • Prohibition of forced marriage (Article 24)
  • Right to free compulsory education (Article 26)
  • Right of access to the courts (Article 32)
  • Protection against entries, searches, 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)

Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ... Social equality is a social state of affairs in which certain different people have the same status in a certain respect, minimally at least in voting rights, freedom of speech and assembly, and property rights. ... For other uses, see Peerage (disambiguation). ... An election is a decision making process where people choose people to hold official offices. ... Elections Part of the Politics series Politics Portal This box:      The secret ballot is a voting method in which a voters choices are confidential. ... Slave redirects here. ... Establishment of religion refers to investing political power in a particular religious faith or body. ... Group of women holding placards with political activist slogans: know your courts - study your politicians, Liberty in law, Law makers must not be law breakers, and character in candidates photo 1920 Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one... Freedom of association is a Constitutional (legal) concept based on the premise that it is the right of free adults to mutually choose their associates for whatever purpose they see fit. ... Freedom of speech is the concept of being able to speak freely without censorship. ... A union (labor union in American English; trade union in British English; either labour union or trade union in Canadian English) is a group of workers who act collectively to address common issues. ... A trade union or labour union is a continuous association of wage-earners for the purpose of maintaining or improving the conditions of their employment. ... Social welfare can be taken to mean the welfare or well-being of a society. ... Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank   Money supply Fiscal policy Spending   Deficit   Debt Trade policy Tariff   Trade agreement Finance Financial market Financial market participants Corporate   Personal Public   Banking   Regulation        A tax is a financial charge or other levy imposed on... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Detention generally refers to a state or government holding a person in a particular area, either for interrogation, as punishment for a wrong, or as a precautionary measure while investigating a potential threat posed by that person. ... This page includes English translations of several Latin phrases and abbreviations such as . ... In common law, habeas corpus (/heɪbiÉ™s kɔɹpÉ™s/) (Latin: [We command that] you have the body) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... Public trial or open trial is a trial open to public, as opposed to the secret trial. ... Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ... The right to petition is the freedom of individuals (and sometimes groups and corporations) to petition their government for a correction or repair of some form of injustice without fear of punishment for the same. ... Freedom of thought (also called freedom of conscience and freedom of ideas) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, regardless of anyone elses view. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... Academic freedom is the freedom of teachers, students, and academic institutions to pursue knowledge wherever it may lead, without undue or unreasonable interference. ... Forced marriage is a term used in the Occident to describe traditional arranged marriages in which one or more of the parties (usually the woman) is married without his/her consent or against his/her will. ... Compulsory education is education which children are required by law to receive and governments to provide. ... Torture is defined by the United Nations Convention Against Torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he... An ex post facto law (Latin for from a thing done afterward), also known as a retrospective law, is a law that is retroactive, i. ... For other uses, see Double jeopardy (disambiguation). ...

Other provisions

• Renunciation of war: Under Article 9 of the constitution the "Japanese people renounce war as a sovereign right of the nation". To this end the article provides that "land, sea, and air forces, as well as other war potential, will never be maintained".
• Judicial review: Article 98 provides that the constitution takes precedence over any "law, ordinance, imperial rescript or other act of government" that offends against its provisions.
• International law: Article 98 provides 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, in theory at least, international law and the treaties Japan has ratified automatically form a part of domestic law.

The Constitution of Japan has the Article 9 No War clause. ... Single European Act A treaty is a binding agreement under international law entered into by actors in international law, namely states and international organizations. ... This article or section is in need of attention from an expert on the subject. ...

Amendments and Revisions

The constitution has not been amended since 1947. Article 96 provides that amendments can be made to any part of the constitution. However a proposed amendment must first be approved by both houses of the Diet, by at least a two-thirds majority of the total number of members of each (rather than of the total number of votes cast). It must then be submitted to a referendum in which it is sufficient for it to be endorsed by a simple majority of votes cast. A successful amendment is finally promulgated by the Emperor, but the monarch cannot veto an amendment. An amendment is a change to the constitution of a nation or a state. ... Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...

Some commentators have suggested that the difficulty of the amendment process was favoured by the constitution's American authors from a desire that the fundamentals of the regime they had imposed would be resistant to change. However, among Japanese themselves, any change to the document and to the post-war settlement it embodies is highly controversial. From the 1960s to the 1980s, constitutional revision was rarely debated [1]. In the 1990s, right-leaning and conservative voices broke some taboos [2], for example, when the Yomiuri Shimbun published a suggestion for constitutional revision in 1994 [3]. This period saw a number of right-leaning groups forming to agressively push for constitutional revision, but also a significant number of organizations and individuals speaking out against revision [4] and in support of "the peace constitution." Yomiuri-TOKYO Office Yomiuri-Osaka Office Yomiuri YC The Yomiuri Shimbun (読売新聞 Yomiuri Shinbun) is a Japanese newspaper published in Tokyo, Osaka, Fukuoka, and other major Japanese cities. ...

The debate has been highly polarized. The most controversial issues are proposed changes to Article 9, the "peace article" and provisions relating to the role of the Emperor. Progressive, left, center-left and peace movement related individuals and organizations, as well as the opposition parties [5], labor [6] and youth groups advocate keeping (and even strengthening) the existing constitution in these areas, while right-leaning, nationalist and/or conservative groups and individuals advocate changes to increase the prestige of the Emperor (though not granting him political powers) and to allow a more aggressive stance of the self-defense force, e.g. by turning it officially into a military. Others areas of the constitution and connected laws discussed for potential revision relate to the status of women, the eduation system and the system of public corporations (including social welfare, non-profit and religious organizations as well as foundations), and structural reform of the election process, e.g. to allow for direct election of the prime minister [7]. There are countless grassroots groups, associations, NGOs, think tanks, scholars, and politicians speaking out in favor of one or the other side of the issue [8]. Article 9 of the Constitution of Japan is a No War clause. ...

In August 2005, the then Japanese Prime Minister, Junichiro Koizumi, proposed an amendment to the constitution in order to increase Japan's Defence Forces' roles in international affairs. A draft of the proposed constitution was released by the Liberal Democratic Party (LDP) on 22 November 2005 as part of the fiftieth anniversary of the party's founding. The proposed changes included: Junichiro Koizumi , born January 8, 1942) is a Japanese politician who served as Prime Minister of Japan from 2001 to 2006. ... The Liberal Democratic Party ), frequently abbreviated to LDP or Jimintō ), is a conservative political party and the largest party in Japan, which has been ruling almost uninterruptedly since Japan regained independence after World War II. It is not to be confused with the now-defunct Liberal Party ), which merged with... November 22 is the 326th day (327th on leap years) of the year in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...

• New wording for the Preamble.
• First paragraph of Article 9, renouncing war, is retained. The second paragraph, forbidding the maintenance of "land, sea, and air forces, as well as other war potential" is replaced by an Article 9-2 which permits a "defence force", under control of the Prime Minister, which defends the nation and may participate in international activities. This new section uses the term "軍" (gun, army or military), which has been avoided under the current constitution. Also, addition in Article 76 of military courts. Members of the Japanese Self-Defense Forces are currently tried as civilians by civilian courts.
• Modified wording in Article 13, regarding respect for individual rights.
• Changes in Article 20, which gives the state limited permission within "the scope of socially acceptable protocol" or "ethno-cultural practices". Changes Article 89 to permit corresponding state funding of religious institutions.
• Changes to Articles 92 and 95, concerning local self-government and relations between local and national governments.
• Changes to Article 96, reducing the vote requirement for constitutional amendments in the Diet from two thirds to a simple majority. A national referendum would still be required.

This draft fanned the debate, with strong opposition coming even from non-governmental organisations of other countries, as well as established and newly formed grassroots Japanese organisations, such as Save Article 9. Per the current constitution, a proposal for constitutional changes must be passed by a two-thirds vote in the Diet, then be put to a national referendum. However, there was in 2005 no legislation in place for such a referendum. The Constitution of Japan has the Article 9 No War clause. ... Japans honor guard often marches to greet the arrival of foreign dignitaries. ... A non-governmental organization (NGO) is an organization which is not a part of a government. ...

Koizumi's successor, Shinzo Abe vowed to push agressively for constitutional revision. A major step toward this was getting legislation passed to allow for a national referendum in April 2007 [9]. However, by that time there was little public support for changing the constitution, with a survey showing 34.5 percent of Japanese not wanting any changes, 44.5 percent wanting no changes to Article 9, and 54.6 percent supporting the current interpretation on self-defense [10]. On the 60th anniversary of the constitution, on May 3, 2007, thousands took to the streets in support of Article 9 [11]. The Chief Cabinet secretary and other top government officials interpreted the survey to mean that that the public wants a pacifist Constitution that renounces war, and may need to be better informed about the details of the revision debate [12]. The legislation passed by parliament specifies that a referendum on constitutional reform could take place at the earliest in 2010, and would need approval from a majority of voters. Koizumi is a Japanese surname. ... Shinzo Abe , ; born September 21, 1954) is the current Prime Minister of Japan, elected by a special session of the National Diet on September 26, 2006. ... Article 9 of the Constitution of Japan is a No War clause. ...

Human rights guarantees in practice

See also: Human rights in Japan

International bodies such as the United Nations Human Rights Committee, which monitors compliance with the International Covenant on Civil and Political Rights, and groups such as Amnesty International have argued that many of the guarantees for individual rights contained in the Japanese constitution have not been effective in practice. Such critics have also argued that, contrary to Article 98, and its requirement that international law be treated as part of the domestic law of the state, human rights treaties to which Japan is a party are seldom enforced in Japanese courts. Japan is a liberal democracy. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... The Human Rights Committee is a group of 18 experts who meet three times a year to consider the five-yearly reports submitted by United Nations member states on their compliance with the International Covenant on Civil and Political Rights. ... Parties to the ICCPR: members in green, non-members in grey The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. ... Amnesty International (commonly known as Amnesty or AI) is a pressure group that promotes human rights. ...

Despite constitutional guarantees of the right to a fair trial, conviction rates in Japan exceed 99%. Despite Article 38's categorical requirement that "no person shall be convicted or punished in cases where the only proof against him is his own confession", defendants are routinely convicted on the basis of a signed confession with corroborating evidence. Although the same article bans coerced confessions, defendants are commonly held in confinement and interrogated by police for periods of time not permissible in other developed nations. In spite of Article 36's prohibition of torture and cruel punishments, the unusual form of strict regimentation found in Japanese prisons is widely held to be degrading and inhumane.

References

• Kishimoto, Koichi. Politics in Modern Japan. Tokyo: Japan Echo, 1988. ISBN 4-915226-01-8. Pages 7–21.
• Library of Congress Country Study on Japan
• 新憲法制定推進本部. Liberal Democratic Party website. Retrieved on February 3, 2006. Web page of the Shin Kenpou Seitei Suishin Honbu, Center to Promote Enactment of a New Constitution, of the Liberal Democratic Party. In Japanese.
• 新憲法草案. Liberal Democratic Party's Center to Promote Enactment of a New Constitution website. Retrieved on February 3, 2006. Shin Kenpou Sou-an, Draft New Constitution. As released by the Liberal Democratic Party on November 22, 2005. PDF format, in Japanese.

This article contains material from the Library of Congress Country Studies, which are United States government publications in the public domain. February 3 is the 34th day of the year in the Gregorian Calendar. ... For the Manfred Mann album, see 2006 (album). ... The Liberal Democratic Party ), frequently abbreviated to LDP or Jimintō ), is a conservative political party and the largest party in Japan, which has been ruling almost uninterruptedly since Japan regained independence after World War II. It is not to be confused with the now-defunct Liberal Party ), which merged with... February 3 is the 34th day of the year in the Gregorian Calendar. ... For the Manfred Mann album, see 2006 (album). ... November 22 is the 326th day (327th on leap years) of the year in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... The Country Studies are works published by the Federal Research Division of the Library of Congress ( USA), freely available for use by researchers. ... The U.S. Constitution, adopted in 1789 by a constitutional convention, sets down the basic framework of American government in its seven articles. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...

See also

• Constitution
• Judicial review

Judicial review is the power of a court to review a a law or an official act of a government employee or agent for constitutionality or (in some jurisdictions) for the violation of basic principles of justice. ...

External links

Wikisource has original text related to this article:

Constitution of Japan

• Full text from official website of the House of Councillors
• Full text from The Solon Law Archive
• Birth of the Constitution of Japan
• Beate Sirota Gordon (Blog about Beate Sirota Gordon and the documentary film "The Gift from Beate")
• Constitutional Revision Research Project of the Reischauer Institute of Japanese Studies at Harvard University