Constitution of Japan

Languages:
	More languages:  Can't see your own?

The First Constitution of the Great Japanese Empire is a historic, no longer official document of Japan. Its principal author was Reiji Mitsurugi. The document was ratified by the Imperial Diet of Japan on the first of September, 2009^[1] and was formally abjured by the diet on June 19th, 2012 ^[2]. It is no longer in effect.

Constitution of the Great Japanese Empire

Preamble

We, the successors to the prosperous Throne of Our Predecessors, do humbly and solemnly swear to the Shining Light of Heaven and to our other that, in pursuance of a great policy co-extensive with the Heavens and with the Earth, we shall maintain and secure for the people that which is truly good government. In consideration of the progressive tendency of the course of human affairs and in parallel with the advance of civilization, we deem it expedient, in order to give clarity and distinction to the instructions bequeathed by the Shining Light of Heaven to establish fundamental norms formulated into express provisions of law, so that, on the one hand, our imperial posterity may possess an express guide for the course they are to follow, and that, on the other, our subjects shall thereby be enabled to enjoy a wider range of action in giving us their support, and that the observance of our laws shall continue to the remotest ages of time. To give greater firmness to the stability of our country and to promote the welfare of all the people within the boundaries of our dominions, we now establish the Constitution of the Empire of Japan. These laws come to only an exposition of grand precepts for the conduct of the government, bequeathed by the Shining Light of Heaven. That we have been so fortunate in our reign, we owe to the glorious Spirits of Celestial Heaven. We now reverently make our prayer to Them and to Illustrious Heaven, and implore the help of Their Sacred Spirits, and make to Them solemn oath never at this time nor in the future to fail to be an example to our subjects in the observance of the laws hereby established.

May the Heavenly Spirits witness this our solemn Oath.

Chapter One: General Principles

Article 1. The Great Japanese Empire is a democratic society led by its people, drawing its authority from their will, and empowered to preserve Harmony.

Article 2. All power in the Great Japanese Empire belongs to the people. The organs through which the people exercise state power are the Diet of Japan and the Office of the President. The people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law.

Article 3. The state organs of the Great Japanese Empire apply the principle of representative democracy. The Diet of Japan and the Office of the President are instituted through democratic election. They are thus responsible to the people and subject to their supervision. All administrative, judicial and procuratorial organs of the state are created by the Diet or the President.

Article 4. The state continuously raises labour productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise operation and management, through a culture of social responsibility and improving organization of work. The state practises strict economy and combats waste. The state properly apportions accumulation and consumption, pays attention to the interests of the collective and the individual as well as of the state and, on the basis of expanded production, gradually improves the material and cultural life of the people.

Article 5. State enterprises have decision-making power in operation and management within the limits prescribed by law, on condition that they submit to unified leadership by the state and fulfill all their obligations under the state plan. State enterprises practise democratic management through the Diet, their executives and in other ways in accordance with the law.

Article 6. The Great Japanese Empire permits foreign enterprises, other foreign economic organizations and individual foreigners to invest in Japan and to enter into various forms of economic co-operation with Japanese enterprises and other economic organizations in accordance with the law of the Great Japanese Empire. All foreign enterprises and other foreign economic organizations in Japan, as well as joint ventures with Japanese and foreign investment located in Japan, shall abide by the law of the Great Japanese Empire. Their lawful rights and interests are protected by the law of the Great Japanese Empire.

Article 7. The state promotes the development of literature and art, media, publishing and distribution services, libraries, museums, cultural centres and other cultural undertakings that serve the people. The state protects places of scenic and historical interest, valuable cultural monuments and relics and other important items of Japan's historical and cultural heritage.

Article 8. The state maintains public order both by actively promoting the civic spirit of Harmony, and by enacting law to preserve the social fabric against disruption; it penalizes actions that endanger public security and social prosperity, and punishes criminals.

Article 9. The armed forces of the Great Japanese Empire belong to the people. Their tasks are to strengthen national defence, resist aggression, defend the motherland, safeguard the people's peaceful progress, participate in national reconstruction, and work hard to serve the people. The state strengthens the revolutionization, modernization and regularization of the armed forces in order to increase the national defence capability.

Article 10. 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 11. 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. The treaties concluded by Japan and established laws of nations shall be faithfully observed.

Article 12. The Emperor or the President, as well as Ministers of State, members of the Diet, and all other public officials have the obligation to respect and uphold this Constitution.

Article 13. The Great Japanese Empire accepts the Righteous Nation Philosophy as its National Ideology

The precepts being the following:

1. The Righteous Nation is not a conqueror. While by no means a pacifist, the Righteous Nation exists only within its own borders. The spread of righteousness happens through diplomacy, cultural exports and trade, never through strength of arms. The Righteous Nation is proud of its culture, its language and its people. It has no need to absorb others.
2. The Righteous Nation is a guardian. When one nation seeks to annex another through force of arms or otherwise infringe on the sovereign rights of an independent state, the Righteous Nation has a duty to stand as that nation's guardian. A key aspect of righteousness is the resistance of wickedness at every turn. Whether through diplomacy, economic embargo or strength of arms, the Righteous Nation will stand against a wicked nation.
3. The Righteous Nation maintains a strong military. The defense of righteousness requires a great standing army. The ultimate goal of the Righteous Nation is to have a military so mighty, it need never be used. The strength of the Righteous Nation's military is such that its very existence is a deterrent to the forces of wickedness.
4. The Righteous Nation maintains a proud culture. The formation of national righteousness requires national unity. True national unity comes from a unity of culture. When the people of the Righteous Nation see one another as brothers, they will acknowledge the righteousness of their existence and join together in national unity. A national culture of music, poetry, prose and other arts are critical to the Righteous Nation.
5. The Righteous Nation respects foreign culture. The Righteous Nation is never self-righteous. As the Righteous Nation, it adheres fully to the Righteous Nation Philosophy, but recognizes that there is no One True Way of governance or action. Foreigners and their way of life are to be respected, regardless of how it corresponds to the Righteous Nation Philosophy. The only culture that is truly abhorrent is the culture of wickedness. The only culture against which the Righteous Nation will always stand is the culture of wickedness.
   
   

Chapter Two: The Fundamental Rights and Duties of Subjects

Article 1. All persons holding the citizenship of the Great Japanese Empire are subjects of the Great Japanese Empire. All subjects of the Great Japanese Empire are equal before the law. Every subject enjoys the rights and at the same time must perform the duties prescribed by the Constitution and the law.

Article 2. Japanese subjects may, according to qualifications determined in laws or ordinances, be appointed to civil or military offices equally, and may fill any other public offices.

Article 3. Japanese subjects are amenable to service in the Army, according to the provisions of law.

Article 4. Japanese subjects are amenable to the duty of paying taxes, according to the provisions of law.

Article 5. Japanese subjects shall have the liberty of abode and of changing the same within the limits of the law.

Article 6. The secrecy of the letters and other private correspondences of every Japanese subject shall remain inviolate. No organization or individual may, on any ground, infringe upon the freedom and privacy of subjects' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offences, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.

Article 7. Japanese subjects shall, enjoy freedom of religious belief, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects

Article 8. Japanese subjects shall enjoy the liberty of speech, writing, publication, public meetings, demonstrations and associations, within the limits of the law.

Article 9. Japanese subjects may present petitions, by observing the proper forms of respect, and by complying with the rules specially provided for the same. Subjects have the right to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by any state organ or functionary; but fabrication or distortion of facts with the intention of libel or frame-up is prohibited. In case of complaints, charges or exposures made by subjects, the state organ concerned must deal with them in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposures, or retaliate against the subjects making them. Subjects who have suffered losses through infringement of their civil rights by any state organ or functionary have the right to compensation in accordance with the law.

Article 10. Subjects of the Great Japanese Empire have the right as well as the duty to work. Using various channels, the state creates conditions for employment, strengthens labour protection, improves working conditions and, on the basis of expanded production, increases remuneration for work and social benefits. Work is the glorious duty of every able-bodied subject. All working people in state and private enterprises should perform their tasks with an attitude consonant with their status as masters of the country. The state encourages subjects to take part in voluntary labour. The state provides necessary vocational training to subjects before they are employed.

Article 11. The Great Japanese Empire protects the legitimate rights and interests of Japanese nationals residing abroad and protects the lawful rights and interests of returned overseas Japanese

Article 12. The exercise by subjects of the Great Japanese Empire of their freedoms and rights may not infringe upon the interests of the state, of society and of the collective, or upon the lawful freedoms and rights of other subjects.

Article 13. Subjects of the Great Japanese Empire must abide by the constitution and the law, keep state secrets, protect public property and observe labour discipline and public order and respect social ethics.

Article 14. It is the sacred obligation of every subject of the Great Japanese Empire to defend the motherland and resist aggression. It is the honourable duty of subjects of the Great Japanese Empire to perform military service and join the militia in accordance with the law.

Article 15. Each and every one of the provisions contained in the preceding Articles of the present Chapter shall apply to the officers and men of the Army, that are not in conflict with the laws or the rules and discipline of the Army.

Chapter Three: The Emperor

Article 1. The Great Japanese Empire shall be reigned over and governed by an unbroken line of Emperors descended from Kokawayoshi Makoto.

Article 2. The Emperor shall be the symbol of the state and of the unity of the people, deriving his position from the will of the people with whom resides sovereign power.

Article 3. Upon ascension to the Imperial Throne, the New Emperor shall appoint a successor, according to the provisions of the Imperial House Law.

Article 4. The Emperor is sacred and inviolable.

Article 5. The Emperor is the head of the Empire, combining in Himself the rights of sovereignty, and exercises them, according to the provisions of the present Constitution.

Article 6. The Emperor is above politics. He is therefore forbidden to participate in any political party, election or other function of the electoral state. So too is he immune to it.

Article 7. The Emperor exercises no legislative power.

Article 8. The Emperor convokes the Imperial Diet, opens, closes, and prorogues it.

Article 9. The Emperor, pursuant to his purpose as the cultural and spiritual leader of Japan, issues Imperial Ordinances in the place of law. Such Imperial Ordinances are to be laid before the Imperial Diet at its next session, and when the Diet does not approve the said Ordinances, the Government shall declare them to be invalid for the future.

Article 10. The Emperor is the highest officer of the military, above and outside the command structure. The President has full authority to command the military in the Emperor's name.

Article 11. No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without the authorization of the Diet.

Article 12. The Emperor confers titles of nobility, rank, orders and other marks of honor.

Article 13. The Emperor receives foreign ambassadors and ministers.

Article 14. The Emperor attests instruments of ratification and other diplomatic documents as provided for by law.

Article 15. The Emperor performs ceremonial functions.

Chapter Four: The Imperial Diet

Article 1. The Imperial Diet of Japan is the highest organ of state power. It serves the people together with the directly-elected executive Office of the President.

Article 2. The Imperial Diet of Japan is the legislative power of the state.

Article 3. The Imperial Diet of Japan shall vote upon projects of law submitted to it by the Government, and may respectively initiate projects of law.

Article 4. No Member of the Diet shall be held responsible outside the Diet, for any opinion uttered or for any vote given in the Diet. When, however, a Member himself has given publicity to his opinions by public speech, by documents in print or in writing, or by any other similar means, he shall, in the matter, be amenable to the general law.

Article 5. The Imperial Diet of Japan has the power to recall or remove from office the following persons, given a majority vote by more than two-thirds of the present-and-voting representatives over a seventy-two-hour period:

1. The President and Vice-President of the Great Japanese Empire
2. The Ministers appointed by the Office of the President
3. Any ambassador appointed to represent the Great Japanese Empire
4. The governor or manager of any state-owned enterprise

Article 6. Amendments to the Constitution are to be proposed by the representatives of the Imperial Diet of Japan and adopted by a majority vote of more than two-thirds of all the present-and-voting representatives over a forty-eight hour period. Statutes and resolutions are adopted by a majority vote of more than one half of all the present-and-voting representatives over a twenty-four hour period. [Amended 18 December 2009]^[3]

Article 7. Subjects of the Great Japanese Empire may speak in the Diet at their pleasure, without voting rights. Officials of the Office of the President share the same privilege.

Article 8. Representatives to the Imperial Diet of Japan must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in production and other work and their public activities, assist in the enforcement of the Constitution and the law. Representatives to the Diet should maintain close contact with the units and people which elected them, listen to and convey their opinions and demands and work hard to serve them.

Article 9. Representatives to the Imperial Diet of Japan are subject to the supervision of the units which elected them. The electoral units have the power, through procedures prescribed by law, to recall the representatives whom they elected.

Article 10. The Imperial Diet may respectively present addresses to the Emperor.

Chapter Five: The Office of the President

Article 1. The President of the Great Japanese Empire is elected by the people. Subjects of the Great Japanese Empire who have the right to vote and to stand for election are eligible for election as President of the Great Japanese Empire. The term of office of the President is the same as that of the Imperial Diet of Japan.

Article 2. The President of the Great Japanese Empire, in pursuance of decisions of the Imperial Diet of Japan, promulgates statutes; appoints and removes the Ministers of State in charge of Ministries or Commissions; confers state medals and titles of honour; issues orders of special pardons; proclaims martial law; proclaims a state of war; and issues mobilization orders.

Article 3. The President of the Great Japanese Empire receives foreign diplomatic representatives on behalf of the Great Japanese Empire and, in pursuance of decisions of the Diet of Japan, appoints and recalls plenipotentiary representatives abroad, or assigns a Minister of Foreign Affairs to do so, and ratifies and abrogates treaties and important agreements concluded with foreign states.

Article 4. In case the office of the President of the Great Japanese Empire falls vacant, the electoral runner-up succeeds to the office of President. In case the office of the Vice-President or Minister of the Great Japanese Empire falls vacant, the President shall, at his pleasure, appoint a new Vice-President or Minister to fill the vacancy.

Chapter Six: The Ministers of State

Article 1. The Ministers of State are appointed at the President's pleasure.

Article 2. The respective Ministers of State shall give their advice to the President, and be responsible for it.

Article 3. The Ministers of State are responsible for their respective appointed ministries and the organizations subordinate to them.

Article 4. The Ministers of State and their respective appointed ministries exercise the following functions and powers:

1. Adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in accordance with the Constitution and the statutes
2. Submit proposals to the Imperial Diet of Japan
3. Lay down the tasks and responsibilities of their ministries and commissions, to exercise unified leadership over the work of the ministries and commissions and to direct all other administrative work of a national character that does not fall within the jurisdiction of the Congress, the ministries and commissions
4. Conduct foreign affairs and conclude treaties and agreements with foreign states
5. Direct and administer the building of national defence;
6. Protect the legitimate rights and interests of Japanese nationals residing abroad and protect the lawful rights and interests of returned overseas Japanese
7. Examine and decide on the size of administrative organs and, in accordance with the law, to appoint, remove and train administrative officers, appraise their work and reward or punish them
8. Exercise such other functions and powers as the Imperial Diet of Japan or the President may assign them.

Article 5. The Ministers of State are responsible, and report on their work, to the Imperial Diet of Japan.

Additional Provisions

Chapter Four

Speaker of the Diet

[Amendment passed 03 November 2009]^[4]

1.The Imperial Diet of Japan has the power to democratically nominate and elect one of its sitting members to act as the “Speaker of the Diet” or "Speaker". In the absence of an officially elected Speaker for whatever reason, the duties of this role will pass to the interior minister who shall act as "Interim Speaker".

(1) The period for nominations will last 24 hours exactly. Nominations will regularly be held immediately after the results of the latest Diet Election have been released. Valid nominations must have the approval of the nominee and at least 2 other sponsors. The only other time when nominations may be held is when the Speaker's seat is left vacant after the successful removal of the Speaker.

(2) The period for elections will begin immediately after the end of nomination period and will last 24 hours exactly. Elections will use the "plurality voting" system. All members of the Diet, including nominees, may submit only one vote for their one preferred nominee. The nominee receiving the most votes will be installed as Speaker. In the case of a tie, the winner will be the nominee with the most "in-game" experience. If there is only one valid nominee, that nominee will be deemed to have won their election and will be recognised as Speaker. Once elected, the Speaker's term will last until one of the following occur:

(a) The Speaker fails to retain a seat in the Diet.

(b) The Speaker fails to win the next Speaker Election.

(c) The Speaker tenders his resignation.

(d) The Speaker is removed by a successful motion for recall.

(3) The Speaker, being a member of the Diet, is still governed by Articles 1-4 and 8-9 of Chapter 4, and in addition, may be removed from office by the procedure outlined in Article 5. Upon a successful motion for removal, the former speaker retains their seat in the Diet.

(a) The Interim Speaker, being the interior minister, is instead governed by Articles 1-5 of Chapter 6, and may only be removed by a successful motion to specifically recall the interior minister, as per Article 5 of Chapter 4.

2.The duties and responsibilities of the Speaker of the Diet are as follows:

(1) To keep the Emperor and the public updated and informed on the actions of the Diet through, at least, the regular publication of informative articles in the Japanese media.

(2) To keep order and enforce protocol within the Diet. The Speaker should refer to the most recently approved document on Diet Protocol.

(3) To uphold the integrity of the Diet by defending its congressional rights as defined in Articles 1 and 2. The Speaker shall be responsible for ensuring that there will be a fair balance of power between the legislative authority of the Diet and the executive authority of the Cabinet. As such:

(a) The Speaker will act as a liaison between the Diet and the Cabinet. In doing so, the speaker will be deemed to be the living embodiment of the Diet, and will represent the collective interests of the Diet.

(b) In order to ensure that the Diet’s will is not ignored, the Speaker will be privy to Cabinet level discussions and although he may contribute to the discussion, he shall have no official vote or influence on the deliberations of the Cabinet.

(i) In the case of there being an Interim Speaker, the conditions of this duty are reversed. The Interim Speaker will be privy to sessions of the Diet and although he may contribute to the discussion, he shall have no official vote or influence on the deliberations of the Diet.

Repealed Provisions

Addendum
There is, of course, no way to actually bind a citizen or government to the words of this document. It is up to each citizen and the government's interpretation of this law to govern their actions, should they choose to recognize the law at all. Further, no matter what a government should agree upon, the only true supreme law of the land is the eRepublik.com citizen laws