CHAPTER VI. JUDICIARY

Article 76. The 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.

Article 77. The 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.

Article 78. Judges 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.

Article 79. The 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.

(3) In cases mentioned in the foregoing paragraph, when the

majority of the voters favors the dismissal of a judge, he shall

be dismissed.

(4) Matters pertaining to review shall be prescribed by law.

(5) The judges of the Supreme Court shall of retired upon

the attainment of the age as fixed by law.

(6) All such judges shall receive, at regular stated

intervals, adequate compensation which shall not be decreased

during their terms of office.

Article 80. The 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.

Article 81. The Supreme Court is the court of last resort

with power to determine the constitutionality of any law, order,

regulation or official act.

Article 82. Trials shall be conducted and judgment 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.

CHAPTER VII. FINANCE

Article 83. The power to administer national finances shall

be exercised as the Diet shall determine.

Article 84. No new taxes shall be imposed or existing ones

modified except by law or under such conditions as law may

prescribe.

Article 85. No money shall be expended, nor shall the State

obligate itself, except as authorized by the Diet.

Article 86. Cabinet shall prepare and submit to the Diet for

its consideration and decision a budget for each fiscal year.

Article 87. In 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.

(2) The Cabinet must get subsequent approval of the Diet for

all payments from the reserve fund.

Article 88. All 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.

Article 89. No 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 benevolent enterprises not under the control of

public authority.

Article 90. Final accounts of the expenditures and revenues

of State shall be audited annually by a Board of Audit and

submitted by the Cabinet to 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 determined by law.

Article 91. At regular intervals and at least annually the

Cabinet shall report to the Diet and the people on the state of

national finances.

CHAPTER VIII. LOCAL SELF-GOVERNMENT

Article 92. Regulations concerning organization and

operations of local public entities shall be fixed by law in

accordance with the principle of local autonomy.

Article 93. The 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'

Article 94. Local entities shall have the right to manage

their property, affairs and administration and to enact their own

regulations within law.

Article 95. A special law, applicable 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.

CHAPTER IX. AMENDMENTS

Article 96. Amendment 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

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.

CHAPTER X. SUPREME LAW

Article 97. 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.

Article 98. This 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.

Article 99. The 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.

CHAPTER XI. SUPPLEMENTARY PROVISIONS

Article 100. This 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 for the enforcement of this

Constitution may be executed before the day prescribed in the

preceding paragraph.

Article 101. If the House of Councilors 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 Councilors shall be constituted.

Article 102. The 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.

Article 103. The 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.

End of Project Gutenberg's The Constitution of Japan, 1946, by Japan

The Constitution of Japan, 1946 · 第 6 / 6 章