Press translations [Japan]. Political Series 0133, 1945-12-31.
Date31 December, 1945
translation numberpolitical-0574
call numberDS801 .S85
Persistent Identifier
POLITICAL SERIES: 133
ITEM 1 The Constitution Investigating Society Presents a Bill To The Government - Asahi Shimbun - 28 Dec 45. Translator: K. Murakami.
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
POLITICAL SERIES: 133 (Continued)
ITEM 1 (Continued)
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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POLITICAL SERIES: 133 (Continued)
ITEM 1 (Continued)
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.
DISTRIBUTION "X"
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