日本国憲法
The Constitution of Japan
Japan's supreme law: it declares that sovereign power rests with the people, makes the Diet the sole law-making organ, gives executive power to the Cabinet and judicial power to the courts, guarantees fundamental human rights, and puts the duty to respect and uphold it on those who hold public office.
- 現在の条文の施行日
- 制定（公布）
- 本則の条数
- 103
- 施行前の改正
- 0
この法令の内容
- Sovereign power rests with the people, and government is a trust of the people, exercised by their elected representatives. The Emperor is the symbol of the State and of the unity of the people, and holds that position by the will of the people. He performs only the acts in matters of state that this Constitution provides for and has no powers related to government; every such act needs the Cabinet's advice and approval, and the Cabinet bears the responsibility for it.(前文第一項, 第一条第一項, 第四条第一項, 第三条第一項)（根拠条文）
続きを読む
- The Japanese people forever renounce war as a sovereign right of the nation, and the threat or use of force as a means of settling international disputes. To accomplish that aim, land, sea and air forces and other war potential will never be maintained, and the right of belligerency of the State is not recognised.(第九条第一項, 第九条第二項)（根拠条文）
- All of the people are respected as individuals, and the fundamental human rights this Constitution guarantees are conferred as eternal and inviolate rights on the people of this and of future generations. All of the people are equal under the law, and there is to be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. The rights to life, liberty and the pursuit of happiness are the supreme consideration in legislation and in other governmental affairs, to the extent that they do not interfere with the public welfare (公共の福祉); Chapter 3 is where these rights and the duties of the people are set out.(第十三条第一項, 第十一条第一項, 第十四条第一項, 第三章)（根拠条文）
- Some guarantees are written 何人も (any person) — among them no arrest except by a warrant that names the offence, unless the person is caught in the act; no denial of access to the courts; and the right to petition peacefully. Others are written すべて国民 (all of the people) — among them the right to receive an education, as an Act provides and in keeping with one's ability; the right to work; and the right to maintain the minimum standards of wholesome and cultured living. What makes a person a Japanese national is left to an Act, and this Constitution does not itself settle whether a guarantee it writes for 国民 (the people) reaches a person who is not one.(第三十三条第一項, 第三十二条第一項, 第十六条第一項, 第二十六条第一項, 第二十七条第一項, 第二十五条第一項, 第十条第一項)（根拠条文）
- Among the freedoms it guarantees: thought and conscience are inviolable; freedom of religion is guaranteed to 何人も (any person), no religious organisation may receive privileges from the State or exercise political authority, no one may be compelled to take part in a religious act, celebration, rite or practice, and the State and its organs are barred from religious education and any other religious activity; assembly, association, speech, press and all other forms of expression are guaranteed, censorship is forbidden and the secrecy of communication is inviolable; and academic freedom is guaranteed. 何人も (any person) is free to choose and change their residence and to choose their occupation so far as that does not interfere with the public welfare, and is free to move to a foreign country and to give up their nationality; the right of workers to organise and to bargain and act collectively is guaranteed, standards for wages, working hours, rest and other working conditions are fixed by an Act (法律), and children may not be exploited. Marriage is formed only by the mutual consent of both parties and is maintained by their mutual cooperation on the basis of the equal rights of husband and wife, and laws on choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters of marriage and the family must be enacted from the standpoint of individual dignity and the essential equality of the sexes.(第十九条第一項, 第二十条第一項, 第二十条第二項, 第二十条第三項, 第二十一条第一項, 第二十一条第二項, 第二十三条第一項, 第二十二条第一項, 第二十二条第二項, 第二十八条第一項, 第二十七条第二項, 第二十七条第三項, 第二十四条第一項, 第二十四条第二項)（根拠条文）
- The Diet is the highest organ of state power and the sole law-making organ of the State. It has two Houses — the House of Representatives and the House of Councillors — made up of elected members who represent all the people. A bill becomes an Act (法律) when both Houses pass it, unless this Constitution provides otherwise; a bill the House of Representatives passes and the House of Councillors decides differently on still becomes an Act if the House of Representatives passes it again by two thirds or more of the members present.(第四十一条第一項, 第四十二条第一項, 第四十三条第一項, 第五十九条第一項, 第五十九条第二項)（根拠条文）
- Executive power belongs to the Cabinet, which is collectively responsible to the Diet for exercising it. The Prime Minister is designated by the Diet from among the members of the Diet and appoints the Ministers of State, a majority of whom must be chosen from among Diet members; the Prime Minister and every Minister of State must be a civilian. If the House of Representatives passes a no-confidence resolution or rejects a confidence resolution, the Cabinet must resign as a body unless the House is dissolved within ten days.(第六十五条第一項, 第六十六条第三項, 第六十七条第一項, 第六十八条第一項, 第六十六条第二項, 第六十九条第一項)（根拠条文）
Renunciation of warFundamental human rightsRights in criminal proceedingsThe DietThe CabinetJudicial review by the Supreme CourtAmending the ConstitutionSupreme law
目次
改正
法令は、別の法令によってされます。この法令には、施行を待つ改正はありません。改正の履歴は下にあります。変更内容まで収録している改正は、改正のページに条文ごとに日本語と英語で示します。
施行済みの改正 1件
1947年5月3日
このサイトの条文
改正法令名の記載なし
誰に適用されるか
適用される
- The duty to respect and uphold this Constitution is placed on the Emperor or the Regent, Ministers of State, members of the Diet, judges and all other public officials — "and all other public officials" (その他の公務員), an open ending that reaches public officials generally. All public officials are servants of the whole community and not of any group, and choosing them and dismissing them is an inalienable right of the people. Universal adult suffrage is guaranteed for the election of public officials, and the secrecy of the ballot is inviolable: a voter answers to no one, publicly or privately, for their choice.(第九十九条第一項, 第十五条第二項, 第十五条第一項, 第十五条第三項, 第十五条第四項)（根拠条文）
- It gives state power to the bodies it names, and holds each to what it gives. The Diet is the sole law-making organ, executive power belongs to the Cabinet, the whole judicial power is vested in the courts, and the Emperor performs only the acts in matters of state this Constitution provides for, with no powers related to government.(第四十一条第一項, 第六十五条第一項, 第七十六条第一項, 第四条第一項)（根拠条文）
続き
- Local public entities (地方公共団体) have the power to manage their property, administer their affairs and carry out administration, and may enact local ordinances (条例) within the law. An Act fixes how they are organised and run, based on the principle of local autonomy.(第九十四条第一項, 第九十二条第一項)（根拠条文）
- Each local public entity has an assembly as its deliberative organ, set up as an Act provides. Its head, the members of its assembly and the other officials an Act names are elected directly by that entity's residents (住民), the word the article uses. An Act that applies to one local public entity alone cannot be enacted by the Diet unless a majority of that entity's residents consent in a vote held as an Act provides.(第九十三条第一項, 第九十三条第二項, 第九十五条第一項)（根拠条文）
- The people (国民) carry duties of their own under it: to keep the freedoms and rights it guarantees by constant endeavour, never to abuse them and always to use them for the public welfare; to have the boys and girls under their protection receive ordinary education as an Act provides, that compulsory education being free; to work; and to pay taxes as an Act provides. No new tax may be imposed and no existing tax changed except by an Act or under conditions an Act prescribes.(第十二条第一項, 第二十六条第二項, 第二十七条第一項, 第三十条第一項, 第八十四条第一項)（根拠条文）
特例と適用除外（8）
- Several guarantees carry a limit inside them. The rights to life, liberty and the pursuit of happiness are the supreme consideration in legislation and other governmental affairs only to the extent that they do not interfere with the public welfare (公共の福祉), and the freedom to choose and change residence and to choose an occupation is held subject to the same limit. The content of property rights is fixed by an Act so as to conform to the public welfare, and private property may be taken for public use upon just compensation.(第十三条第一項, 第二十二条第一項, 第二十九条第二項, 第二十九条第三項)（根拠条文）
- No one is held in bondage of any kind. No one is put to involuntary servitude against their will, except as punishment for a crime.(第十八条第一項)（根拠条文）
- Members of both Houses are not arrested while the Diet is in session, except in the cases an Act provides for. A member arrested before the session must be freed during the session if that House demands it.(第五十条第一項)（根拠条文）
- Members of both Houses are not held liable outside the House for speeches, debates or votes made inside it.(第五十一条第一項)（根拠条文）
- A Minister of State is not subject to legal action during their tenure of office without the Prime Minister's consent. The right to take that action is not impaired by that.(第七十五条第一項)（根拠条文）
- Sittings of both Houses are public, but a House may hold a secret meeting where two thirds or more of the members present so resolve.(第五十七条第一項)（根拠条文）
- Trials and judgments are conducted in open court. A court may hold the trial proceedings privately where all judges unanimously decide that publicity endangers public order or morals; the proceedings must always be public in trials of political offences, of offences involving the press, and in cases where the rights guaranteed in Chapter 3 are at issue.(第八十二条第一項, 第八十二条第二項)（根拠条文）
- When the House of Representatives is dissolved, the House of Councillors is closed at the same time. The Cabinet may still convoke the House of Councillors in emergency session when the country urgently needs it, but the measures taken there are provisional and lose effect unless the House of Representatives agrees to them within ten days after the next session of the Diet opens.(第五十四条第二項, 第五十四条第三項)（根拠条文）
どのように守らせるか（11）
- It is the supreme law of the nation: an Act (法律), an order, an imperial rescript (詔勅) or any other act of government that goes against its provisions has no legal force, in whole or in part. The treaties Japan has concluded and established international law are to be faithfully observed.(第九十八条第一項, 第九十八条第二項)（根拠条文）
- The Supreme Court is the court of last resort with power to determine whether any law, order, regulation or official act conforms to this Constitution.(第八十一条第一項)（根拠条文）
- The whole judicial power is vested in the Supreme Court and in the inferior courts that an Act establishes. No extraordinary tribunal may be set up, and no organ of the executive may act as a court of last resort. Judges exercise their power independently, bound only by this Constitution and the laws.(第七十六条第一項, 第七十六条第二項, 第七十六条第三項)（根拠条文）
- A judge is removed only by public impeachment, or where a court decides the judge cannot perform official duties because of mental or physical incapacity; no executive organ may take disciplinary action against a judge. The Diet sets up the impeachment court, made up of members of both Houses, to try a judge against whom removal proceedings have been instituted. A Supreme Court judge's appointment is also reviewed by the people at the first general election of the House of Representatives after the appointment, again at the first such election held after ten further years have passed, and in the same way after that; the judge is dismissed when a majority of the voters favour dismissal.(第七十八条第一項, 第六十四条第一項, 第七十九条第二項, 第七十九条第三項)（根拠条文）
- Each House judges disputes over the qualifications of its own members, and taking a seat from a member needs a majority of two thirds or more of the members present. Each House may punish members who disturb its order, and expelling a member needs the same two-thirds majority of the members present.(第五十五条第一項, 第五十八条第二項)（根拠条文）
- No one may be deprived of life or liberty, and no other criminal penalty may be imposed, except according to a procedure an Act establishes. No one is arrested except by a warrant issued by a competent judicial officer that names the offence, unless the person is caught in the act; no one is held or detained without being told the reason at once and being given the right to engage counsel, and on demand the reason must be shown at once in open court in the presence of that person and their counsel. A person's home, papers and effects may not be entered, searched or seized without a warrant issued on adequate cause and naming the place to be searched and the things to be seized, except in the case of an arrest under Article 33, and each search or seizure needs its own warrant from a competent judicial officer.(第三十一条第一項, 第三十三条第一項, 第三十四条第一項, 第三十五条第一項, 第三十五条第二項)（根拠条文）
- Torture by a public official and cruel punishments are absolutely forbidden. In all criminal cases the accused has the right to a speedy and public trial by an impartial court, to full opportunity to examine all witnesses, and to compulsory process for obtaining witnesses on their own behalf at public expense. The accused may engage qualified counsel in any case, and where they cannot engage one themselves, the State provides one.(第三十六条第一項, 第三十七条第一項, 第三十七条第二項, 第三十七条第三項)（根拠条文）
- No one is compelled to make a statement against themselves. A confession made under compulsion, torture or threat, or after prolonged arrest or detention, may not be used as evidence, and no one is convicted or punished where the only proof against them is their own confession. No one is held criminally liable for an act that was lawful when it was done or of which they have already been acquitted, and no one is placed in jeopardy twice for the same offence.(第三十八条第一項, 第三十八条第二項, 第三十八条第三項, 第三十九条第一項)（根拠条文）
- It gives a person things they can ask for. Anyone who has suffered damage through the illegal act of a public official may sue the State or a public entity for redress, as an Act provides; anyone acquitted after being arrested or detained may ask the State for compensation, as an Act provides. Anyone may peacefully petition for redress of damage, the removal of a public official, the making, repeal or amendment of an Act (法律), an order or a regulation, or any other matter, and no one may be treated in a discriminatory way for having made such a petition.(第十七条第一項, 第四十条第一項, 第十六条第一項)（根拠条文）
- The Cabinet enacts a Cabinet Order (政令) to carry out this Constitution and the laws. A Cabinet Order may not create penalties unless the Act it implements specifically delegates that power.(第七十三条第一項第六号)（根拠条文）
- Amending it takes two steps: the Diet initiates the amendment by a concurring vote of two thirds or more of all the members of each House, and the people then approve it by a majority of all votes cast at a special referendum or at an election the Diet specifies. Once approved, the Emperor promulgates the amendment in the name of the people, as an integral part of this Constitution.(第九十六条第一項, 第九十六条第二項)（根拠条文）
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