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