The Constitution of Japan
Promulgated on November 3,1946
Came into effect on May 3,1947
We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a universal principle of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws, ordinances, and rescripts in conflict herewith.
We, the Japanese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world. We desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world have the right to live in peace, free from fear and want.
We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations.
We, the Japanese people, pledge our national honor to accomplish these high ideals and purposes with all our resources.
CHAPTER I The Emperor
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 2.
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.
Article 3.
The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor.
Article 4.
The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government.
The Emperor may delegate the performance of his acts in matters of state as may be provided by law.
Article 5.
When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform his acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable.
Article 6.
The Emperor shall appoint the Prime Minister as designated by the Diet.
The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Cabinet. Article 7.
The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
Convocation of the Diet.
Dissolution of the House of Representatives.
Proclamation of general election of members of the Diet.
Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
Awarding of honors. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
Receiving foreign ambassadors and ministers.
Performance of ceremonial functions.
Article 8. 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.
CHAPTER II Renunciation of War
CHAPTER III Rights and Duties of the People
The conditions necessary for being a Japanese national shall be determined by law.
Article 11.
The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.
Article 12.
The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.
Article 13.
All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.
Article 14.
All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
Peers and peerage shall not be recognized.
No privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it.
Article 15.
The people have the inalienable right to choose their public officials and to dismiss them.
All public officials are servants of the whole community and not of any group thereof.
Universal adult suffrage is guaranteed with regard to the election of public officials.
In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.
Article 16.
Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.
Article 17.
Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.
Article 18.
No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.
Article 19.
Freedom of thought and conscience shall not be violated.
Article 20.
Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority.
No person shall be compelled to take part in any religious act, celebration, rite or practice.
The State and its organs shall refrain from religious education or any other religious activity.
Article 21.
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
Article 22.
Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare.
Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Article 23.
Academic freedom is guaranteed.
Article 24.
Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.
Article 25.
All people shall have the right to maintain the minimum standards of wholesome and cultured living.
In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
Article 26.
All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.
Article 27.
All people shall have the right and the obligation to work.
Standards for wages, hours, rest and other working conditions shall be fixed by law.
Children shall not be exploited.
Article 28.
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 29.
The right to own or to hold property is inviolable.
Property rights shall be defined by law, in conformity with the public welfare.
Private property may be taken for public use upon just compensation therefor.
Article 30.
The people shall be liable to taxation as provided by law.
Article 31.
No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.
Article 32.
No person shall be denied the right of access to the courts.
Article 33.
No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.
Article 34.
No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.
Article 35.
The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, or except as provided by Article 33.
Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.
Article 36.
The infliction of torture by any public officer and cruel punishments are absolutely forbidden.
Article 37.
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
He shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense.
At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts, be assigned to his use by the State.
Article 38.
No person shall be compelled to testify against himself.
Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.
No person shall be convicted or punished in cases where the only proof against him is his own confession.
Article 39.
No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy.
Article 40.
Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law.
more>> PDF download (360KB)
Public Assistance Act
Act No. 144 of May 4, 1950
CHAPTER I General Provisions
(Purpose of This Act)
Article 1
The purpose of this Act is for the State to guarantee a minimum standard of living as well as to promote self-support for all citizens who are in living in poverty by providing the necessary public assistance according to the level of poverty, based on the principles prescribed in Article 25 of the Constitution of Japan.
(Nondiscrimination and Equality)
Article 2
All citizens may receive public assistance under this Act (hereinafter referred to as "public assistance") in a nondiscriminatory and equal manner as long as they satisfy the requirements prescribed by this Act.
(Minimum Standard of Living)
Article 3
The minimum standard of living guaranteed by this Act shall be where a person is able to maintain a wholesome and cultured standard of living.
(Supplementary Nature of Public Assistance)
Article 4
Public assistance shall be provided based on a requirement that a person who is living in poverty shall utilize his/her assets, abilities and every other thing available to him/her for maintaining a minimum standard of living.
(2) Any support given by a person responsible for support prescribed by the Civil Code (Act No. 89 of 1954) and any assistance prescribed by any other Act shall be provided in precedence to public assistance under this Act.
(3) The provisions of the preceding two paragraphs shall not preclude the provision of necessary public assistance in the case where there are urgent circumstances.
(Interpretation and Operation of This Act)
Article 5
What is provided for in the preceding four Articles are fundamental principles of this Act based on which all interpretations and the operation of this Act shall be made.
(Definitions of Terms)
Article 6
The term "public assistance recipient" as used in this Act means a person who currently receives public assistance.
(2) The term "person requiring public assistance" is a person who requires public assistance regardless of whether he/she currently receives public assistance.
(3) The term "public assistance benefit" as used in this Act means the money and/or goods furnished or lent as public assistance.
(4) The term "performance in money" as used in this Act means to provide public assistance by furnishing or lending money.
(5) The term "performance in kind" as used in this Act means to provide public assistance by furnishing or lending goods, furnishing medical care, providing services or any other means other than by providing performance in money.
CHAPTER II Principles of Public Assistance
Article 7
The provision of public assistance shall start based on an application filed by a person requiring public assistance, a person responsible for his/her support or any other relative living together; provided, however, that necessary public assistance may be provided without an application therefore when a person requiring public assistance is under urgent circumstances.
(Principle of Standard and Extent)
Article 8
Public assistance shall be provided, based on the level of the demand of a person requiring public assistance, which has been measured according to the standard specified by the Minister of Health, Labour and Welfare, to the extent that makes up the shortfall thereof that cannot be satisfied by the money or goods possessed by said person.
(2) The standard set forth in the preceding paragraph shall be one that sufficiently satisfies but shall not exceed the demand pertaining to a minimum standard of living, taking into consideration the age, sex, household composition and location of the person requiring public assistance and any other necessary circumstances according to the type of public assistance.
(Principle of Conforming to Individual Needs)
Article 9
Public assistance shall be provided effectively and appropriately by taking into consideration the differences between the actual needs of individuals or households, such as the age, sex and health conditions of the person requiring assistance.
(Principle of Public Assistance on a Household Basis)
Article 10
The need for and extent of public assistance shall be determined on a household basis; provided, however, that, if this is difficult, such determination may be made on an individual basis.
CHAPTER III Types and Scope of Public Assistance
Article 11
The type of public assistance shall be as follows:
(i) Livelihood assistance
(ii) Education assistance
(iii) Housing assistance
(iv) Medical assistance
(v) Long-term care assistance
(vi) Maternity assistance
(vii) Occupational assistance
(viii) Funeral assistance
(2) The assistance set forth in the items of the preceding paragraph shall be provided singly or in combination according to the needs of the person requiring public assistance.
(Livelihood Assistance)
Article 12
Livelihood assistance shall be provided within the scope of the following matters to a person who is unable to maintain a minimum standard of living due to poverty:
(i) Clothing, food and any other things necessary for satisfying the demands of daily life
(ii) Transportation
(Education Assistance)
Article 13
Education assistance shall be provided within the scope of the following matters to a person who is unable to maintain a minimum standard of living due to poverty:
(i) Textbooks and other school supplies necessary in line with compulsory education
(ii) School-commuting supplies necessary in line with compulsory education
(iii) School meals and any other things necessary in line with compulsory education
(Housing Assistance)
Article 14
Housing assistance shall be provided within the scope of the following matters to a person who is unable to maintain a minimum standard of living due to poverty:
(i) Residence
(ii) Repairs and other things necessary for maintaining the housing
(Medical Assistance)
Article 15
Medical assistance shall be provided within the scope of the following matters to a person who is unable to maintain a minimum standard of living due to poverty:
(i) Medical examinations
(ii) Medicines or therapeutic materials
(iii) Medical treatment, surgery and any other therapy and treatment
(iv) In-home medical care management as well as care-taking and any other nursing pertaining to in-home medical care
(v) Admission to a hospital or clinic as well as care-taking and any other nursing pertaining to medical care in the hospital or clinic
(vi) Transportation
more>> PDF download (442KB)