Press translations [Japan]. Political Series 0133, 1945-12-31.

Extracts

The people are much concerned about the governmental investigation concerning the revision of the constitution, Meanwhile, the Constitution Investigating Society, which had inquired into the problem from a [illegible]point and was generally appreciated as authoritative society presented Government, on 27 December, with a bill on the constitutions.

The society is composed of civil scholars of the constitution; the committeemen for the bill are Mr. TAKANO, Iwasahuro, BABA, Tsunego, SUGIMORI, Ksjiro. MURITO, Tatsuo, IWABUCHI, Tatsuo, MUROFUSHI, Takanobu, and SUZUKI, Yasuzo. The bill bollows:

The Basic Principle (Sovereignty): 1. The sovereignty of JAPAN is in the hands of the Japanese people. 2. The Emperor does not rule state affairs. The supreme responsibility for state affairs rests with the Cabinet. 3. The Emperor chiefly takes charge of national ceremonies; he is commissioned to do so by the Nation. 4. The accession of an Emperor to the throne must be approved in the Diet. 5. The appointment of a Regent is decided on in the Diet.

The Rights and Duties of the People: 1. All the people are legally equal. All discriminations among the people based on birth and social position are done away with; 2. All kinds of honor, such as peerage, court rank and merit, are abolished; 3. No laws or regulations can be enacted which interfere with the liberty of the people regarding speech, learning, arts and religion; 4. The people cannot be appressed; 5. The people have rights of national petition, national proposal and national decision; 6. The people have the duty to work; 7. The people have the right to work and to be paid for working; 8. The people have a right to lead healthy and cultural lives; 9. The people have the right to a reasonable amount of rest. The Government must recognize the maximum eight hour labor system and the salaried vaction system, and it must furnish workers with sanatoriums and social and cultural institutions; 10. The people have a right to have their livelihood secured when they become unable to work due to old age or illness; 11. Men and women have, officially and privately, equal rights; 12. Racial discrimination is prohibited; 13. The people must strive to improve their characters, establish social morality, and co-operate with other races.

The Diet: 1. The Diet has the legislative power. It enacts laws, approves the budget, makes supplemental regulations and oversees the execution of them. If a treaty has reference to legislative item, it

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must be approved in the Diet; 2. The Diet is composed of two houses; (a) The First House is composed of representatives over 20 years of age who are elected by popular [illegible]in a direct, secret election, with sex equality (based on the principle of proportional representation), under the major electorate system, the whole Nation being one district. The First House is superior to the Second House in authority (b) The Second House is composed of representatives over 20 years of age who are elected by popular vote from among persons of various professions; 3. Laws which have been passed by the First House cannot be defeated by the Second House; 4. The Diet has no regular recess, However, if the Diet does go into recess, the Standing Committee carries on proceedings in behalf of the Diet; 5. The meetings of the [illegible]open to the public. Secret meetings are abolished; 6. The Diet selects the president and chief secretary of each House; 7. The Diet can accuse ministers and government officials on the charge of violating the constitution. In such a case, a State Tribunal is established to try them; 8. If the dissolution of the Diet is approved by national vote the Diet must be dissolved at once; 9. If a decision of the Diet is to be repealed by national vote the number of required votes must be a majority.

The Cabinet: 1. A prime minister is appointed upon the recommendation of the presidents of both Houses. Ministers of departments and ministers without portfilio are appointed by the premier; 2. The Cabinet represents the Nation in respect to foreign countries; 3. The Cabinet has joint responsibility with the Diet. If a Cabinet is to be maintained, it must be trusted by the Diet; 4. If a Cabinet is over-thrown by national vote it must resign; 5. The Cabinet is authorized to appoint and dismiss government officials; 6. The Cabinet can grant amnesty on behalf of the Nation; 7. The Cabinet issues orders so as to execute laws and regulations.

The Judiciary: 1. The judiciary consists of judges who act on behalf of the Nation according to the Law for the Organization of Courts of Justice and the Jury Law; 2. A judge is independent and follows nothing but the law; 3. The Supreme Court is the highest judicial organ. It supervises all lower judicial organs. The president of the Supreme Court is elected by popular vote. He holds an additional post ac president of the State Tribunal. A judge of the Supreme Court is appointed on recommendation of the president of the Second House and approval by that House; 4. The president of the Court of Administrative Litigation and the Public Prosecutor-General are elected by popular vote; 5. The court inspector is independent of the administrative organization; 6. The Government must fully compensate those who have been acquitted for any loss incurred while under detention.

Accounting and Finance: 1. The revenue and expenditure of the country are fixed by the budget for a fiscal year and are decided on by a law at the beginning of the fiscal year; 2. Government business accounts must be approved in the Diet by submission of business schedules every year; 3. Taxation and changes in tariffs are decided on by law annually; 4. Contracts which burden the national treasury, except for national loans and others that have already been fixed by the budget, must be approved in the Diet; 5. Imperial Household expenses must be approved in the Diet annually; 6. The budget is submitted to the First House. The Second House cannot reject the items and amounts which are approved by the First House; 7. The taxation must be just. The Government must not

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burden the Nation excessively by imposing heavy consumption taxes; 8. Settlement of revenue and expenditure must he rapidly submitted to the Board of Audit, and after being examined therein, it must further be introduced to the Diet in the next fiscal year. The organization and legal capacity of the Board of Audit are decided by law. The President of the Board of Audit is elected by popular vote.

Economics: 1. The object of economic life is to have everyone lead a wholesome, self-respecting kind of life. It must be just, progressive and equal in principle. Private and economic freedom are guaranteed within these limits. Any proprietorship must benefit the public we [illegible]; 2. Distribution and utilization of land must be accomplished in order to secure to everybody a healthy life. Parasitic ownership of land and peudal farm rent are prohibited; 3. The rights of intellectual workers, inventors and artists are protected; The freedom of farming associations and movements for the improvement of labor conditions of all workers is guaranteed. All laws and regulations, contracts and measures which restrict or interrupt freedom are prohibited.

Supplement: 1. The constitution is revised by legislation. It is necessary, however, that amending bodies be attended by more than two-thirds of the whole membership, and amendments agreed to by more than half of the personnel. When the constitution is revised by national vote on a notional petition, it is necessary to be agreed to by more than half of all the voters; 2. All laws and regulations and systems which are against the rules and spirit of this constitution are abolished at once; 3. An Imperial Household Law must be enacted after being investigated in the Diet; 4. A new constitution, based on a national vote, must be established within ten years after this constitution is promulgated.

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