# Sanseito Draft Constitutional Amendment
This is the translation (by A Japanese Student) of draft constitutional amendment by Sanseito, a political party of Japan with three seats in the lower house, one seat in the upper house, and more than one hundred local assemblymembers. Sanseito has been described by the media as a nationalist, far-right, and conspiracy theorist.

The draft has 33 articles (shown in blockquote). There are also 44 interpretive notes. Note that some of the interpretive notes have been omitted. Commentary follows each draft article.

Text (in Japanese): https://sanseito.jp/new_japanese_constitution/
Current Constitution (in Japanese/English): https://www.japaneselawtranslation.go.jp/en/laws/view/174
Meiji Constitution (in English): https://www.ndl.go.jp/constitution/e/etc/c02.html

TL;DR:

- The Emperor's status resembles the Meiji Constitution.
- The bill of rights have been stripped off; however, more positive rights are enumerated.
- It establishes a military; no restriction is placed on the sovereign right to belligerency.

## Chapter I: The Emperor
>Art. 1. THE EMPEROR.
(1) Japan shall be a State governed by the Emperor and the people.
(2) The Emperor shall preside over the State's traditional ceremonies\[3] and unite the people.
(3) The Emperor, as the sacred being who prays for the fortune of his people, shall be inviolable\[4].

Interpretive Note: \[3] Daijosai and Niiname-no-Matsuri will receive official status. \[4] Holiness is the attribute of a monarch; the Emperor issues imperial ordinances and presides over ceremonies with the spirits of his ancestors.

Compare: Meiji Const. Art. 3 (defining the Emperor as "sacred and inviolable"); Const. Art. 1 (defining the Emperor as "the symbol of the State and of the unity of the people")

>Art. 2. IMPERIAL SUCCESSION.
(1) The Imperial Throne, along with the Three Sacred Treasures, is succeeded by a male heir of the male line.
(2) To ensure the stable succession of the Throne, the Imperial House shall establish, according to its consensus, the Imperial House Law.
(3) The State shall be responsible for ensuring the continuity of the Imperial Family and Imperial Household.

Compare: Meiji Const. Art. 2 (succession limited to "male descendants"); Const. Art. 2 (no such limitation; Imperial Household Law set by the Diet)

>Art. 3. THE EMPEROR'S AUTHORITIES.
(1) The Emperor may issue ordinances\[6] for the benefit of the people.
(2) The Emperor shall represent the State as the head of state, and may approve or disapprove\[7] the following matters, for which the Cabinet shall be held responsible; but he shall approve it if the Cabinet seeks reconsideration.
(i) Appointment of the Prime Minister, Ministers of State, the Speaker of the Diet \[sic], and the Chief Justice;
(ii) Promulgation of the Constitution, laws, cabinet orders, and treaties;
(iii) Convocation of the Diet, dissolution of the House of Representatives, and proclamation of national elections;
(iv) Ratification of treaties, attestation of full powers and credentials of diplomatic missions, and reception of State guests;
(v) Attestation of general and special amnesty, commutation, reprieve, and restoration of rights, and the awarding of honors;
(vi) Any other important matters of State as defined by law.
(3) A Regency\[8] may be chosen from the Imperial Family to exercise the authorities under the Imperial Household Law.

Interpretive Note: \[6] Imperial ordinances do not establish rights or duties and are not legally binding, but are issued for the benefit of the public. \[7] The emperor has discretion to approve; the right to refuse is referred to as "veto". Veto is limited to once per subject. \[8] Regency is a temporary office used when the Emperor is underage or incapacitated.

Compare: Meiji Const. Art. 9 (ordinances); Const. Art. 3, 4, 5; Const. Art. 6 (appointment of Prime Minister and Chief Justice), Art. 7 (other duties of the Emperor). The present Emperor does not have the power to issue ordinances or proclamations, and cannot veto the executive actions. "Speaker of the Diet" is likely an error given that the draft maintains bicameralism.

## Chapter II: The State
>Art. 4. THE STATE
(1) The State shall have sovereignty and the power to make decisions independently.
(2) The Emperor shall fix the calendar and the Japanese era.
(3) The State shall be known as "日本" (Japan); the national language shall be Japanese; the national anthem shall be Kimigayo; and the national flag shall be Hinomaru.
(4) All public documents shall use the Japanese era and national language, and shall be written in sentences that can be easily understood by the people\[10].

Interpretive Note: \[10] Necessary due to expansion of the people's right to participate in politics.

The present Constitution does not define the calendar, era system, official language, national anthem, or flag, nor does it mandate the use of Japanese language or era. 1999 statute designates the national anthem and flag. Japanese era was statutorily defined in 1979: "Era names are prescribed by Cabinet Order."
As far as I am aware, there is no statute relating to plain language in public documents. (In fact, the draft imports words not in ordinary usage from classical Japanese, likely violating this rule.)

>Art. 5. THE NATIONALS.
(1) The requirement for nationality shall be fixed by law, based on the standard that the father or the mother is Japanese; the person uses Japanese as the native language; and the person respects Japan\[11].
(2) The nationals have the duty to protect Japan\[12] for the benefit of posterity.

Interpretative Note: \[11] Normative rule; lack of intent to harm Japan is sufficient. \[12] Should be interpreted as the duty to cooporate with national defense to the extent possible.

Compare: Const. Art. 10 (requirements for Japanese nationality to be set by law, with no specific standards). Japan is a *jus sanguinis* country.

>Art. 6. THE PUBLIC INTEREST.
(1) The State has the duty, in governmental affairs, to always maintain and uphold the rights of the people and the public interest\[14].
(2) The public interest is defined, in the next two succeeding chapters and throughout the Constitution, with the aim of securing the foundations of the people's lives, and of national defense.
(3) Public employees shall have the duty to solely engage in the maintenance and promotion of public interest.
(4) Bearing into mind the fact that the achievement of individual and corporate interests depend on the public interest, such as health, safety, environment, and culture, necessary for future generations, such achievement shall be done consistent with public interest\[15].

Interpretative Notes: \[14] Means that the State must ensure, in addition to the rights of the people, the minimum standards of public interest. \[15] Public interest's superiority over private interest has the same purpose as the requirement that rights and freedoms be guaranteed subject to public welare. This Constitution defines it more explicitly.

Compare: Const. Art. 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."), Art. 15(2) ("All public officials are servants of the whole community and not of any group thereof.")

## Chapter III: The People's Lives
> Art. 7. FAMILIES.
(1) Families are the foundations of society, and shall endeavor to help each other with compassion.
(2) Children are the treasures of the State. Parents shall be responsible for the children's growth and education, and the State shall supplement such responsibilities.
(3) Marriage shall be based on the union between a man and a woman, and the husband and wife shall share the same surname.
(4) Households, local communities, and schools shall cooperate with each other and help cultivate the healthy mind of the people.

Compare: Const. Art. 24, 26. Japan does not recognize same-sex marriage and requires the husband and wife to share the same surname (except in international marriage). The latter requirement has been held constitutional by the Supreme Court in 2015 and 2021, with multiple dissents. An ongoing litigation challenges the unavailability of same-sex marriage, with most rulings in favor of same-sex marriage.

>Art. 8. FUNDAMENTAL FREEDOMS AND RIGHTS OF PEOPLE.
(1) The people shall have the freedom to live independently\[16].
(2) The people shall have the right to maintain a wholesome and cultured living with dignity\[17].
(3) Rights are accompanied by duties, and freedoms are accompanied by responsibilities. Rights and freedoms shall not be abused\[18].
(4) Every individual, corporation, and association, participating in domestic activities, has the duty to pay taxes according to law.

Interpretative Note: \[16] Interpreted as broad grant of liberties. \[17] Interpreted as broad grant of social rights, including the right to live with dignity. \[18] The Constitution of Japan allows public welfare as limits to rights and freedoms. This Constitution also limits rights and freedoms to those consistent with public interest as defined in the Constitution.

Compare: Const. Art. 12, 13, 25, 30.
The explicit enumeration of negative rights have been removed. The author's intent seems to be that any fundamental liberty is protected by 8(1). 8(3) seems to take the position that the exercise of rights is conditioned on satisfying the duties, not the position that each right of the people come with the State's duty not to infringe upon them.

>Art. 9. EDUCATION.
(1) The people have the right to receive education, principled on the ability to learn and think for themselves\[19].
(2) The State, in providing compulsory education, shall establish alternative options\[20] correspondent to the personalities and abilities of the students.
(3) Mandatory courses shall include Japanese language, reading of classical literature, history, mythology, ethics, martial arts, and politics.
(4) Due respect shall be given in education to the Imperial Rescript on Education and other historical imperial rescripts, patriotism, food and health, local observances and great figures, and traditional events.
(5) In providing school meals, the State shall take into account the student's health, and endeavor to use domestically and locally produced ingredients.

Interpretative Note: \[19] Means independence where each student can interpret the information appropriately and resolve problems in order to empower them for future political participation. \[20] Including non-traditional forms of education in compulsory education.

Compare: Const. Art. 26.
The present Constitution guarantees free compulsory education and imposes obligations on the parents to have their children receive compulsory education. The draft mentions neither.
Under the School Education Act, all elementary, junior-high, and high schools must adopt the curriculums produced by the national government. This includes Japanese language (including classical Japanese and Chinese), Japanese and world history, and politics. In addition, the PE class must include a martial arts lesson (such as judo). In the *Kobe Kosen Kendo Case* (March 8, 1996), the Supreme Court ruled that students objecting to martial arts class on religious grounds (such as Jehovah's Witnesses) must be able to receive alternatives. "Ethics" is one of the required subjects; in elementary and junior high schools, students learn friendship, hospitality, justice, and patriotism. High school ethics class is elective and focuses on the study of philosophies and comparative religions.
Imperial Rescript on Education is a Meiji-era imperial rescript. Due to its clear incompatibility with the present Constitution, both Houses of the Diet passed resolutions declaring it void in 1948. Elementary school students, as part of social studies class, learn local traditions.
Almost all elementary schools, and the majority of junior high schools, provide school meals. These are funded by the students and taxpayers. However, this is currently not a Constitutional requirement.

>Art. 10. FOOD AND INFRASTRUCTURE
(1) Food supply, including seeds and fertilizers, shall be completely self-sufficient\[21], with a focus on cultivation of rice as the staple food.
(2) The State shall protect and promote the agricultural, forestry, and fishing industries and other industries fundamental to the people's lives, and those engaging in such.
(3) Agriculture, forestry, and fishing industries shall prioritize harmony with nature, and due respect shall be given to health, cultural inheritance, homeland protection, and food security, as the important foundation of the State.

Interpretative Note: \[21] Food self-sufficiency rate of 100% or above.

The present Constitution does not mention food security or agriculture.
The goals in the draft is likely impossible to meet. Japan is nowhere near self-sufficient; while more than 95% of rice is domestically produced, supply chain disruptions resulted in imported Calrose being cheaper than domestic rice - even with tariffs.

>Art. 11. HEALTH AND MEDICAL SERVICES.
(1) The State has the duty to disclose to the public all information relating to the people's health, including the safety of pharmaceuticals, food additives, pesticides, and genetic modifications.
(2) The people have the freedom to choose which medical services to be received\[22], and they shall not be discriminated for that choice.
(3) The State shall endeavor to prevent diseases and treat them from the root cause, taking into consideration the people's mental and physical wellness, including dietary practices, sleep, and moderate physical activities.

Intrepretative Note: \[22] Added due to de facto compulsory vaccination against COVID.

The present Constitution does not mention the freedom of information. Some scholars have argued that Article 13 guarantees the right to refuse medical treatment. One Supreme Court case found that a hospital violated a patient's religious liberty by performing blood transfusion against the Jehovah's Witness patient's express wishes.
Clearly, this is written with COVID vaccines in mind. Contrary to what Sanseito claims, COVID vaccinations have never been officially mandated in Japan. While the government did provide free vaccinations, no penalty was imposed on those who refused it. In cases where a vaccination certificate was required, they were allowed to submit recent COVID testing certificates instead. The Government, in fact, urged the public not to discriminate against those who did not receive vaccinations, on medical or other grounds.

> Art. 12. ENVIRONMENTAL CONSERVATION.
(1) The people shall endeavor to protect the ecosystem and inherit the beautiful homeland to the next generation, that nature is the source of life, remembering that nature is the source of life.
(2) The State shall create a national land plan, avoiding overconcentration of population and supporting economic development of each region, and establish a system of mutual support in case of disasters.

The matters stated in this article are already addressed by existing statutes.

> Art. 13. POLITICAL PARTICIPATION.
(1) The nationals have the right and duty\[23] to participate in politics.
(2) All nationals, aged sixteen or above, shall have the right to vote, and all nationals, aged eighteen or above, shall have the right to be elected.
(3) The State shall, through news reports, provide to the public information on the candidates that is fair and easy to understand.
(4) The deposit for elections shall not exceed one tenth of the average annual income of the people. However, no person shall abuse the right to candidacy.
(5) The real names, naturalization statuses\[24], and incomes and expenditures of candidates and legislators shall be disclosed.

Interpretative Note: \[23] This duty does not directly mandate people to vote or join political parties. Rather, like the duty to work under the present Constitution, the people must endeavor to participate according to their abilities and opportunities. \[24] To deter political interventions through foreign nationals naturalizing.

Compare: Const. Art. 15, 44.
There is currently no penalty for failure to vote. Voter turnout averages at 50-55% for national elections.
The present Constitution guarantees "adult suffrage". Since 2016, the voting age is 18. Candidates for the lower house, mayors, and local assemblies must be at least 25. Candidates for the upper house and governors must be at least 30.
The Government provides information on candidates via paper (printed and distributed by mail), posters, TV programs, and websites. Under the Public Offices Election Act, candidates (and the public) cannot engage in most forms of electioneering, except those subsidized by taxpayers. Subsidized election campaigns include free posters, post cards, newspaper ads, and free air time - each candidate receives the same amount.
In order to ensure that people do not abuse the taxpayer subsidies for publicity purposes, POEA also requires deposits. They are returned to the candidates if they receive certain percentage of votes. For the lower house single-member district, the deposit is three million yen (around $20,800), and the threshold is 10% of all votes. Although the draft does not specify exactly how the limit is to be calculated, the average annual income of a laborer is around 4.6M yen.
Candidates usually have to use their real names, as registered in the Family Register. POEA, however, allows candidates to use aliases - such as the name before marriage, or stage name for celebrity politicians. Members of the Diet are also required to disclose their assets annually. While the law does not require the candidates to report if they have been naturalized, naturalizations are reported in the Official Gazette, accessible to everyone.
However, the draft later suggests that naturalized persons - including their children - are ineligible to hold public office anyway. What is this disclosure requirement for, then? Is a member of the Diet not public office?

> Art. 14. LOCAL GOVERNMENT.
(1) In order to protect local climate, faiths, and culture, and to reflect the residents' voices in politics, local public entities shall be established by law.
(2) A local public entity shall choose its head and legislators according to the independent will of the residents, and may enact ordinances and manage its budget.
(3) The State shall take measures to prevent interference with local government by foreign countries and international organizations.

Compare: Const. Art. 92-94
Clause 1 and 2 are similar to the present Constitution's framework. However, the requirement that local ordinances be subordinate to national laws has been removed. The purpose of Clause 3 is unclear.

## Chapter IX: National Defense
> Art. 15. POLICY.
The State shall establish a comprehensive policy on national defense in order to prevent direct and indirect invasions and crises, secure the nationals and domestic industries, ensure the independence of the State, and preserve it to posterity.

> Art. 16. INFORMATION AND INTELLIGENCE.
(1) The State has the duty to disseminate information to the public, including foreign information.
(2) The press has the duty to report matters of State policy without bias and in a fair manner\[26].
(3) The press and communication businesses\[27] shall be operated by the State or using domestic capital.
(4) The State shall establish an agency to prevent foreign intelligence\[28] and take necessary measures.
(5) Public employees may not disclose information obtained in the course of their duties.

Interpretative Note: \[26] Although the Broadcasting Act provides for regulations, no regulation exists as to newspapers and online reporting. \[27] Includes newspapers, television, radio, and satellite broadcasters, postal service, and telephone, Internet, social media, and cloud services. \[28] The purpose of this agency is to prevent foreign espionage, propaganda, and sabotage.

Compare: Const. Art. 21 (protecting freedom of press).
There is no law regulating newspapers. In contrast, broadcasters are subject to Government regulation under the Broadcasting Act. [Article 4 of that Act](https://www.japaneselawtranslation.go.jp/en/laws/view/4736#je_ch2at2) mandates that broadcasts be "politically fair". The government has taken the position that this provision is enforceable, can be violated even if one television program "goes too far", and supports revocation of broadcasting license in appropriate cases.
Radio and broadcasting license is subject to foreign-capital restriction. No such restriction is currently imposed on telecommunication businesses.
National Public Service Act criminalizes the disclosure of Government secrets by public employees. Some state secrets are additionally classified under 2013 law.

> Art. 17. ECONOMIC SECURITY.
(1) The State shall support domestic industries and promote domestic technologies and research and development.
(2) The State shall be responsible for protecting domestic intellectual properties and the authors.

Several statutes provide for the promotion of businesses, research, and development. Patents and copyrights are protected by statute.

> Art. 18. RESOURCES.
(1) Domestic mining and exploitation of resources shall be prioritized\[29].
(2) The State shall endeavor to procure resources not available domestically from diverse set of sources, rather than one country\[30].
(3) Electricity, gas, tap water, and other energy services shall be operated by the State or using domestic capital.

Interpretative Note: \[29] To prioritize domestic procurement of coal, crude oil, rare earths, and other important minerals. \[30] Added due to Japan relying on one country for its oil supplies before the World War II.

> Art. 19. FOREIGN NATIONALS AND FOREIGN CAPITALS.
(1) The State, pursuant to its sovereign power, may freely determine the conditions for entry and stay of foreign nationals\[31].
(2) Land is a public asset and may not be transferred\[32] to foreign nationals or foreign capitals.
(3) Information on real estates, corporations, and powers over important assets\[33], owned by foreign nationals or foreign capitals, shall be disclosed, and such estates, corporations, and powers may be confiscated\[34] under procedures established by law, or purchased by the State in exchange for just compensation.
(4) The right of foreign nationals to participate in politics shall not be recognized. A naturalized person, as well as their children and grandchildren, may not hold public office\[35]. The requirements for naturalization shall be defined by law, based on the understanding of the nation and public safety.

Interpretative Note: \[31] See McLean's Case. \[32] Including both free and commercial transfers. Intends to regulate purchase of land by foreign nationals and foreign capitals. \[33] Includes domestic real estates, shares in domestic companies, and shares or stakes in domestic corporations. \[34] Confiscation is limited to exceptional cases such as crime or fraudulent acquisition. \[35] Great-grandchildren may hold public office. This is intended to prevent political interference by foreign nationals naturalizing.

Compare: Const. Art. 10, 15, 29, 44.

In *McLean's Case* (October 4, 1978), the Supreme Court held that foreign nationals do not have the constitutional right to enter or remain in Japan. It, however, held that resident noncitizens have the constitutional right to engage in political activities. In balancing the two principles, the Supreme Court held that the guarantee of fundamental rights do not include protection from retaliation through nonextension of visas.
Under current law, foreign nationals cannot vote in national or local elections, cannot engage in electioneering, and cannot make political donations.
The intent behind Article 19(2), declaring land as public asset, is unclear. Is Sanseito advocating for communism or public ownership of real estates? Probably not.
There is currently no general law on foreign ownership of real estate. 2021 law regulates land sales near military bases, but that law applies equally to Japanese nationals and foreign nationals.
Naturalized persons currently enjoy the same privileges as natural-born Japanese people. In a separate provision of the draft, it declares that candidates and legislators are required to disclose whether they were naturalized. This may support the interpretation that elective office is not a "public office", or this could be an oversight.

> Art. 20. SELF-DEFENSE MILITARY.
(1) The State shall maintain a military force\[36] for self-defense, to be known as the Self-Defense Military.
(2) The commander-in-chief of the Self-Defense Military shall be the Prime Minister.
(3) The activation and deactivation of the right to self-defense shall require the prior approval of the Diet; however, in case of emergency, such approval may be obtained after the fact.
(4) Matters relating to the Self-Defense Military and its servicemembers shall be established by law.
(5) Military tribunals\[37] shall be established, whose structure is to be defined by law. However, the opportunity for appeal to the Supreme Court shall be guaranteed.

Interpretative Note: \[36] The military has the right to belligerency and its duty is to exercise military force. Generally, a military is divided into army, navym and air force. The Self-Defense Force lacks the right to belligerency and its duty is to provide the minimum defense necessary. The military under this Constitution exercises the right to self-defense. \[37] Military tribunals have jurisdiction over the armed forces and its servicemembers, but the Supreme Court shall have the final voice.

Although Japan possesses the Self-Defense Force, it does not have an explicit constitutional basis. The draft seeks to codify it, and uses the word "military" - a term post-war Japan has never used.
Under current law, Prime Minister is the commander-in-chief of the SDF, and its activation must be authorized by the Diet.
Article 76 of the current Constitution, prohibiting "extraordinary tribunal", is widely interpreted to bar the establishment of court-martials or military tribunals. SDF servicemembers who commit offenses against law, such as desertion or espionage, are tried by civilian courts under the same rules and procedures as civilian offenses.

> Art. 21. TERRITORIAL PROTECTION.
(1) The State shall protect the territorial land, water, airspace, and any other territory subject to the sovereignty of the State.
(2) No foreign armed forces may be permanently stationed within Japan\[38].
(3) No military bases or military or police facilities of foreign armed forces may be established within Japan\[39].

Interpretative Note: \[38] "Permanently stationed" includes involuntary or consensual permanent stationing, and does not include temporary training or landing of vessels. \[39] To realize the clauses 2 and 3, the policies of national defense under this Constitution must be achieved step by step.

## Chapter V: Government Structure
> Art. 22. PRINCIPLES OF GOVERNMENT.
(1) Governance shall be carried out, with respect for Kokutai, for the benefit of all people, and in the spirit of harmony.
(2) The legislative power shell be vested in the Diet; the executive power, in the Cabinet; and the judicial power, in the courts.
(3) All public employees shall be nationals of Japan\[40].

Interpretative Note: \[40] See also clauses on naturalization, Art. 14(4)

Employees of the national government, with few exceptions (such as researchers and university professors), must be a Japanese national under regulation.

> Art. 23. POLITICAL PARTIES.
(1) Political parties shall be governed by the will of its members, and the requirements for political parties shall be established by law.
(2) Funds of political parties may be contributed only by the State or Japanese nationals.
(3) The State shall support political parties' activities in a fair manner, and provide information on political parties to the public.

The present Constitution does not define political parties. Under 1994 law, most political parties with representation in the Diet are eligible to receive Government subsidies. Political contribution by foreign nationals is already forbidden. It is unclear whether the draft intends to ban corporate political contribution.

> Art. 24. THE DIET
(1) The Diet shall comprise the House of Representatives and the House of Councilors, and shall have power to choose the Prime Minister, enact laws, approve treaties, budgets, and final accounts, and investigate matters of national government.
(2) The term of office of members of the House of Representatives shall be four years; the House of Councilors, six years; and election for half the members of the House of Councilors shall take place every three years.
(3) Decisions of the Diet shall require the presence of one-third or more of total membership in both Houses, and the support of a majority of both Houses.
(4) The Cabinet shall convoke the Diet, and a session shall be held once every year. When requested by a quarter or more of total membership of each House, the Diet shall be convoked within thirty days\[41].
(5) Other matters relating to the Diet shall be established by law.

Interpretative Note: \[41] Not found in the present Constitution; made explicit.

Compare: Const. Chap. IV.
Numerous articles relating to the legislative branch have been condensed into one article in the draft. In the process, numerous provisions have been dropped, seemingly for no reason:

- Article 41, defining the Diet as "the highest organ of state power" and "the sole law-making organ of the State".
- Article 43, requiring both Houses to be representative all people.
- Article 44, prohibiting discrimination in requirements for candidacy.
- Article 48, prohibiting concurrent membership in both Houses.
- Article 49, granting each member compensation.
- Article 50, granting each member privileges from arrest during the Diet's session.
- Article 51, immunizing each member against claims for speech or debate.
- Article 54, requiring the Diet to be convoked after general election.
- Article 55, requiring supermajority for denying a seat to a member.
- Article 56, requiring quorum for debate (not just vote), and allowing the Speaker to cast a tiebreaking vote.
- Article 57, requiring the proceedings to be open, and allowing one-fifth of the members to demand a recorded vote.
- Article 58, authorizing each House to elect a Speaker, enact its own regulations, punish members for misconduct, and with two-thirds vote, expel a member.
- Article 59(2) to 59(4), on House of Representatives overriding the vote of House of Councilors by supermajority vote.
- Article 60, on origination and automatic approval of budgets when House of Councilors refuses to approve.
- Article 61, on automatic approval of treaties when House of Councilors refuses to approve.
- Article 63, requiring each Ministers of State to be present when demanded.

The thirty-day deadline for the convocation is perhaps the least uncontroversial part. The LDP draft in 2012 proposed it, and liberal members of the opposition party sought (unsuccessfully) to establish the rule through judicial decisions after the LDP Cabinet ignored the demand in 2017.

> Art. 25. THE CABINET.
(1) The Cabinet shall comprise the Prime Minister and Ministers of State, and shall oversee all national affairs and execute the law and the budget.
(2) The Prime Minister shall be chosen from a member of the Diet, and shall have power to appoint or dismiss Ministers of State, designate the Chief Justice, and command the Self-Defense Military. The dissolution of the House of Representatives shall be limited to circumstances described in clause (4).
(3) The Cabinet shall provide information about national affairs when requested by the Diet or a Japanese national, unless it adversely affects national security.
(4) When a resolution of no confidence is approved by the House of Representatives, the Cabinet shall resign en masse, and may opt to dissolve the House of Representatives. If, during the dissolution of the House of Representatives, an emergency occurs, the House of Councilors shall be empowered with special powers as defined by law.
(5) Other matters relating to the Cabinet shall be established by law.

Compare: Const. Art. 54, Chap. V.

One obvious oversight is that the draft does not say anything about who gets to appoint justices (other than the Chief Justice). Under the present Constitution, all judicial appointments are made by the Cabinet.
Currently, the Cabinet may dissolve the House of Representatives at any time, for any reason. The Cabinet may either choose to dissolve the House or resign en masse after a resolution of no confidence passes - but not both. (Though, worth mentioning that, after a general election, the Cabinet will resign en masse anyway - something this draft does not mention.)
Emergency meeting of the House of Councilors is currently defined in Article 54. It has been used twice in the 1950s.
Other dropped provisions include the requirement that Ministers of State be civilians (Art. 66(2)), procedures on choosing the Prime Minister (Art. 67), the requirement that a majority of Ministers of State be members of the Diet (Art. 68), the resignation en masse of the Cabinet when the Prime Minister resigns or dies, or after a general election (Art. 70), prohibition on criminal penalties in Cabinet orders except when authorized by law (Art. 73(6)), signing of laws by the Cabinet members (Art. 74), and the privilege from prosecution (Art. 75).

>Art. 26. COURTS.
(1) Courts shall resolve controversies under law and adjudicate the constitutionality of laws, treaties, orders, and ordinances.
(2) All judges shall exercise its duties fairly based on laws and their conscience.
(3) The courts have power to enact regulations relating to judicial procedures and internal discipline.
(4) Judges shall lose their judicial status if:
(i) they reach the retirement age, or are unable to perform duties due to mental or physical incompetence; or
(ii) they are removed pursuant to impeachment by the Diet or public review established by law.

Clause 1's intent is unclear. Does it empower the courts to adjudicate constitutional questions without any case or controversy? (The Supreme Court does not have that power today, absent statutory exceptions.)
As noted above, the draft is also silent on who gets to appoint the justices and judges. As to removal, the draft authorizes retention election for all judges, not just the Supreme Court justices.

Other provisions dropped in the draft include prohibitions on extraordinary tribunals and administrative tribunals being given final judicial power (Art. 76), judicial compensation (Art. 80(6), 81(2)), and public trial (Art. 82).

> Art. 27. THE EVALUATION COMMITTEE.
(1) The State shall establish a committee, known as the Evaluation Committee, whose purpose is to evaluate enacted laws, performed policies, expenditures, and election integrity, and release its findings to the public.
(2) The Evaluation Committee may provide advice and recommendation to the Cabinet in order to ensure public interest.
(3) The selection of members of the Evaluation Committee and other matters shall be established by law.

Compare: Const. Art. 91.
Board of Audit primarily audits the budget and its execution. It does not review enacted laws or focus on election integrity.

> Art. 28. REFERENDUMS.
(1) If, during deliberations on a bill, one third or more of the total membership of either House demands, or if the Cabinet finds it necessary, the Cabinet may conduct a referendum. The Diet shall vote according to its result.
(2) If, within a certain period after enactment of a law, a petition concurred by a certain number of eligible voters is submitted, the Cabinet may conduct a referendum. If the majority supports, the Diet shall reconsider the bill.

The Constitution does not provide for national referendums aside from constitutional amendment.
The text appears to give the Cabinet discretion over whether to conduct referendums, even when petitioned by members of the Diet or voters. It also does not specify the exact conditions for voter-initiated referendums, or the effect of such referendum.

## Chapter VI: Public Finance
> Art. 29. AUTHORITY TO ISSUE CURRENCY.
(1) The State shall have power to issue currency, whose unit shall be yen.
(2) The State may delegate, according to law, the issuance of banknotes to a central bank supervised by the State.
(3) The State shall take measures to prevent interference to monetary and financial policies from foreign countries and international organizations.

> Art. 30. PUBLIC FINANCE.
(1) The purpose of public finance shall be to govern the State and provide help to the people, and funds shall be principally delivered through seigniorage.
(2) The budget shall be prepared by the Cabinet and approved by the Diet. The final accounts shall be examined by the Board of Audit and evaluated by the Evaluation Committee, and be approved by the Diet.
(3) Clear and concise statement of the State's financial situations for each of the accounts shall be presented to the public.
(4) The Cabinet shall prepare the budget for the Imperial House in accordance with the policies decided according to the consensus of the Imperial House.
(5) The income of local public entities shall be principally covered through taxation, and any deficit shall be covered by the national budget.
(6) Each local public entity shall set aside budget for preservation and dissemination of Japanese traditional culture.

Compare: Const. Chap. VII
Financing principally through seigniorage!? Won't it create massive inflation? Wait until the next article...

> Art. 31. TAX SYSTEMS.
(1) Taxation is not the only means of financing. Taxes and social security insurance premiums shall be fixed by law, taking into account the people's lives.
(2) Unless special circumstances warrant, the ratio of the taxes and social security insurance premiums to the gross national income shall not exceed forty percent\[43].

Interpretative Note: \[43] The purpose is to limit taxes to forty percent of nationals' average income. Ministry of Finance statistics show that this was exceeded, for the first time after the War, in 2013. Party policy is to further limit this to 35%.

## Chapter VII: Important Matters
> Art. 32. SUPREMACY.
(1) The Constitution shall be the supreme law of the State and the exhibition of the national characteristics of Japan, and no law, treaty\[44], order, ordinance, or other action, contrary to the Constitution, shall have effect.
(2) Decisions and recommendations of international organizations, if contrary to the Constitution or Japanese customs, shall have no effect.

Interpretative Note: \[44] Made explicit judicial review over treaties, not mentioned in the present Constitution.

Compare: Const. Art. 97, 98, 99.
The drafters are encouraged to review those three articles.

> Art. 33. AMENDMENTS.
(1) Amendments to the Constitution shall be proposed by the majority of total membership of both Houses, and be approved by the majority of all valid votes in a referendum as established by law.
(2) The Emperor shall promulgate the Constitution as amended.

Compare: Const. Art. 96.
The supermajority requirement for proposals of Constitutional amendments is relaxed.