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Re: [Jp] Constitution Draft One

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Synapsic is not online. Synapsic
Joined: 26 Dec 2010
Total Posts: 1388
27 Feb 2014 07:18 PM
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 tranquil safety and the blessings of liberty throughout this land, 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; however, we have determined to preserve our security and existence, by entrusting our Self-Defense Forces to ensure safety, tranquility, and domestic peace, using any means necessary, including war, should the need be dire. Despite having stated this, we will always remember the tragedies of the Second World War, and we wish to never experience the same grief and destruction as that great war had caused.

We, the Japanese people, 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 this here earth. We recognize that all peoples of the world have the right to live in peace, free from fear and chaos.

We, the Japanese people, believe that no nation is responsible to itself alone, but that lows 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, until not a single man nor woman lives in perpetual fear.


CHAPTER I: THE EMPEROR

Article 1. The Emperor shall be the symbol of the State and the unifying bond of this glorious country, deriving his position from the will of the people with whomever resides sovereign power.

Article 2. Periodically, in matters outside of mortal control, tragically unfortunate incidents may leave the emperor deceased; to prevent governmental destabilization, all emperors must choose a successor, whether it be the next of kin, or a regent outside of his majesty's family tree, to assume control of the Imperial Throne. Should the emperor be only incapacitated, the chosen successor will assume imperial duties until the emperor recovers, if the emperor recovers.

Article 3. The word of his majesty the emperor shall overrule all, except in the case where both the National Council and Prime Minister collectively overrule such word; furthermore, should the will of her gloriousness, the holy goddess Amaterasu, strictly forbid such action be taken, the action shall not be performed.

Article 4. The Emperor shall appoint the Prime Minister; the National Diet shall take a vote of confidence to decide whether the appointee should be chosen. The Emperor shall appoint the Chief Judge of the Supreme Court under confidence of the Cabinet.

Article 5. The Emperor, with the advice and support of the Prime Minister, 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; Appointment of ambassadors; Attestation of instruments of ratification and other diplomatic documents as provided for by law; Receiving foreign ambassadors and officials; and Performance of ceremonial functions.

Article 6. 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: ALLOWANCE OF WAR

Article 7. Aspiring sincerely to a state of international peace and order, but recognizing the necessity of war to defend honor and lives, the Japanese people hereby renounce the declaration of war for selfish goals, such as the annexation of foreign land and the attainment of resources or power; the Japanese people do not, however, renounce the declaration of war to uphold honor and to ensure the safety of the public. In order to accomplish this aim, land, sea, and air forces shall only be maintained for the reasons declared in the previous sentences and to provide defense in the act of war being declared on our own nation; these forces shall never engage in fighting for any selfish motive.


CHAPTER III: RIGHTS AND DUTIES OF THE PEOPLE

Article 8. This constitution shall not declare the conditions necessary for naturalization of foreign individuals; legislation passed in later times shall declare these guidelines.

Article 9. The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights shall be conferred upon the people of this and future generations as eternal and inviolate rights.

Article 10. 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 10. 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, gender, 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 11. The people have the inalienable right to choose their public officials and to dismiss them. All public officials are servants of the whole state 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 or she has made.

Article 12. Every person shall have the right of peaceful petition or protest 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 13. 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 14. No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.

Article 15. Freedom of thought and conscience shall not be violated.

Article 16. Freedom of religion is guaranteed to all. No religious organization shall 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. However, the worship of her holiness, Amaterasu, is to be funded by the state but not forced upon any citizen or organization.

Article 17. 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 18. 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 19. Academic freedom is guaranteed.

Article 20. Marriage shall be based only on the mutual consent of both individuals, and it shall be maintained through mutual cooperation with the equal rights of both spouses, regardless of gender, 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 essential equality of both spouses.

Article 21. 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 22. 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 23. All people shall have the right and the obligation to work, unless physical impediments prevent such work to be performed. Standards for wages, hours, rest and other working conditions shall be fixed by law. Children shall not be exploited.

Article 24. The right of workers to organize and to bargain and act collectively is guaranteed.

Article 25. 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 26. The people shall be liable to taxation as provided by law.

Article 27. 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 28. No person shall be denied the right of access to the courts.

Article 29. 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 30. 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 31. 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 belongings to be seized, or except as provided by Article 29. Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.

Article 32. The infliction of torture by any public officer and cruel punishments are absolutely forbidden.

Article 33. 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 34. 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 35. 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 36. Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law.


CHAPTER IV: THE DIET

Article 37. The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State.

Article 38. The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.

Article 39. Both Houses shall consist of elected members, representative of all the people. The number of the members of each House shall be fixed by law.

Article 40. The qualifications of members of both Houses and their electors shall be fixed by law. However, there shall be no discrimination based on race, creed, gender, social status, family origin, education, property, or income.

Article 41. The term of office of members of the House of Representatives shall be four months. However, the term shall be terminated before the full term is up in case the House of Representatives is dissolved. Furthermore, an election for half the members shall take lace every two months.

Article 42. The term of office of members of the House of Councillors shall be six years, and election for half the members shall take place every three months.

Article 43. Electoral districts, method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law.

Article 44. No person shall be permitted to be a member of both Houses simultaneously.

Article 45. Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.

Article 46. Except in cases provided by law, members of both Houses shall be exempt from apprehension while the Diet is in session, and any members apprehended before the opening of the session shall be freed during the term of the session upon demand of the House.

Article 47. Members of either House shall not be liable outside the House for speeches, debates, or votes cast inside the House.

Article 48. An ordinary session of the Diet shall be convoked once per month.

Article 49. The Cabinet may determine to convoke the extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation.

Article 50. When the House of Representatives is dissolved, there must be a general election of members of the House of Representatives within two weeks from the date of dissolution, and the Diet must be convoked within two weeks from the date of the election. When the House of Representatives is dissolved, the House of Councillors is closed at the same time. However, the Cabinet may in time of national emergency convoke the House of Councillors in emergency session.

Article 51. Each House shall judge disputes related to qualifications of its members. However, in order to deny a seat to any member, it is necessary to pass a resolution by a majority of two-thirds or more of the members present.

Article 52. Business cannot be transacted in either House unless one-third or more of total membership is present. All matters shall be decided, in each House, by a majority of those present, except as elsewhere provided in the Constitution, and in case of a tie, the presiding officer shall decide the issue.

Article 53. Deliberation in each House shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor. Each House shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy. Upon demand of one-fifth or more of the members present, votes of the members of any matter shall be recorded in the minutes.

Article 54. Each House shall select its own president and other officials. Each House shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.

Article 55. A bill becomes a law on passage by both Houses, except as otherwise provided by the Constitution. A bill which is passed by the House of Representatives, and upon which the House of Councillors makes a decision different from that of the House of Representatives, is rendered null and void, as is the same if originally passed by the House of Councillors and rejected by the House of Representatives. Before a bill may become law, both the Prime Minister and Emperor must accept it. If the Prime Minister vetoes the bill, the Diet may overrule it with a two-thirds majority vote in both Houses, but if the Emperor vetoes the bill, the bill is immediately rendered null and void.

Article 56. Each House may conduct investigations in relation to government, and may demand the presece and testimony of witnesses, and the production of records.

Article 57. The Prime Minister and other Ministers of State may, at any time, appear i either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations.

Article 58. The Diet shall set up an impeachment court from among the members of both Houses for the purpose of trying those judges against whom removal proceedings have been instituted. Matters relating to impeachment shall be provided by law.

Article 59. The Prime Minister or Emperor may, at any time, institute an Executive Order, in which anything listed in the aforementioned order is carried out as long as both agree; should the Prime Minister institute an Executive Order, the Emperor must agree, and the same is true in reverse. Such orders may only be law for up to one month, after which the Diet must vote on keeping it a law. However, before the order expires, the Diet may vote to repeal such orders with a two-thirds majority from both houses. Should the order be repealed, it is immediately rendered null and void.

Article 60. The Prime Minister or Emperor, may, at any time, present a bill to either House of the Diet for voting. The Diet is not required to vote, nor will any punishments be given should they not vote; these presentations are simply recommendations.


CHAPTER V: THE CABINET

Article 61. Executive power shall be vested in the Cabinet.

Article 62. The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law. The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.

Article 63. The Prime Minister shall be chosen in the following means: The Emperor shall appoint a Prime Minister, in which case the House of Councillors votes to approve the choice. Should the House of Councillors not reach a decision within fifteen days, the appointee will immediately be given the position. Should the House of Councillors reject the candidate, the candidate will not be chosen. Should teh House of Councillors approve the candidate, he shall be given the position.

Article 64. Before the Prime Minister can take office, he must be inaugurated by the current Emperor. The inauguration will occur in the Diet building, with the audience consisting of members of the Diet and the press.

Article 65. The Prime Minister shall appoint the Ministers of State after counsel with the Emperor. The Prime Minister may remove the Ministers of State as he chooses, and the Emperor may ask for a Minister of State to be removed.

Article 66. Should the House of Representatives pass a non-confidence resolution, the Emperor will be asked to decide if the Cabinet should be dissolved. If the Emperor decides the Cabinet shall not be dissolved, it will not be dissolved; if the Emperor decides the Cabinet and all its members should be dissolved, then they will be dissolved immediately.

Article 67. When there is a vacancy in the post of Prime Minister, the rest of the Cabinet shall resign en masse.

Article 68. A Prime Minister has no defined term and no term limits; the emperor decides when a new Prime Minister is to be selected.

Article 69. The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet, and exercises control and supervision over various administrative branches.

Article 70. The Cabinet, in addition to other general administrative functions, shall perform the following functions: Administer the law faithfully; Conduct affairs of state; Manage foreign affairs; Conclude treaties with consent of the emperor; Administer the civil service, in accordance with standards established by law; Enact cabinet orders in order to execute the provisions of this Constitution and of the law; Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.

Article 71. All laws and Cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister.

Article 72. The Ministers of State, during their tenure of office, shall not be subject to legal action without the consent of the Prime Minister or Emperor.


CHAPTER VI: JUDICIARY

Artice 73. The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law. No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power. All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.

Article 74. The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs. Public procurators shall be subject to the rule-making power of the Supreme Court. The Supreme Court may delegate the power to make rules for inferior courts to such courts.

Article 75. Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against judges shall be administered by any executive organ or agency.

Article 76. The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be voted in by the Diet after being appointed by the Prime Minister, as the the Chief Judge is appointed by the Emperor and approved by the Prime Minister. The judges of the Supreme Court shall be retired upon a majority vote by the Diet to remove him.

Article 77. The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of five months with no term limits.

Article 78. The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.

Article 79. Trials shall be conducted and judgment declared publicly. Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter III of this Constitution are in question shall always be conducted publicly.

Article 80. An individual may file a lawsuit against any individual, organization, or the State for any valid reason, after giving notice at least 24 hours notice to both the judge and defendant. A time must be decided between both parties; in the case the defendant refuses to cooperate, a judge may give a court order requiring the defendant to attend.

Article 81. Should an individual be found guilty, he may appeal and move to a higher court, eventually moving to the Supreme Court, whose word is the final say of the matter.

Article 82. The Diet reserves the right to create an inferior court after a two-thirds vote by both Houses and after being approved by the Supreme Court, and the Supreme Court may increase the maximum number of judges in a court at any time. This Constitution forms the following inferior courts: The High Court, with five judges, to judge matters of high importantance and treason trials, directly under the Supreme Court; The District Court, with ten judges, to preside over criminal trials, under the High Court; the Civil Court, with fifteen judges, to preside over lawsuits, under the District Court.


CHAPTER VII: FINANCE

Article 83. The power to administer national finances shall be exercised as the Diet shall determine.

Article 84. No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.

Article 85. No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.

Article 86. The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year.

Article 87. In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet. The Cabinet must receive subsequent approval of the Emperor for all payments from the reserve fund.

Article 88. All property of the Imperial Family shall belong to the State. All expenses of the Imperial Family shall be appropriated by the Diet in the budget.

Article 89. Final accounts of the expenditures and revenues of the State shall be audited anually by a Board of Audit and submitted by the Cabinet to the Diet, together with the statement of audit, during the fiscal year immediately following the period covered. The organization and competency of the Board of Audit shall be determined by law.

Article 90. At regular intervals and at least every second month, the Cabinet shall report to the Diet and the people on the state of national finances.


CHAPTER VIII: LOCAL SELF-GOVERNMENT

Article 91. Regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy.

Article 92. The local public entities shall establish assemblies as their deliberative organs, in accordance to law. The chief executive officers of all public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities.

Article 93. Local public entities shall have the right to manage their property, affairs, and administration and to enact their own regulations within law.

Article 94. A special law, applicable only to one local public entity, cannot be enacted by the Diet without the consent of a majority of the local public entity's assembly.


CHAPTER IX: AMENDMENTS

Article 95. Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of at least two-thirds of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify. Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.


CHAPTER X: SUPREME LAW

Article 96. The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate.

Article 97. This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity. the treaties concluded by Japan and established laws of nations shall be faithfully observed.

Article 98. The Emperor or the Regent as well as the Cabinet, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.


THIS CONSTITUTION IS HEREBY SIGNED BY:

〖✽✾ ༼ Prime Minister Kai Matsuura ༽ ✽✾〗- Second Prime Minister of Japan

The people of Japan may sign their names and give suggestions in this thread to help improve upon this Constitution. If you sign your name, your name will be added to the final copy of the Constitution!
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Synapsic is not online. Synapsic
Joined: 26 Dec 2010
Total Posts: 1388
27 Feb 2014 07:19 PM
Don't post tl;dr, because a Constitution is meant to be long so that there are no loopholes.

If you don't have the time to read it, then don't reply.

Also, if you are a Japanese government official, you probably should read this so you understand the rules.

〖✽✾ ༼ Prime Minister Kai Matsuura ༽ ✽✾〗
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gamma2244 is not online. gamma2244
Joined: 08 Oct 2009
Total Posts: 12481
27 Feb 2014 08:23 PM
-National Councilman, Makoto Matsuda

~Azur Renthius Kallun- The Champion of Mareth. | I don't fail, I seig heil!
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Fauxtillion is not online. Fauxtillion
Joined: 02 Oct 2010
Total Posts: 45870
27 Feb 2014 09:10 PM
I can sign this constitution as soon as you replace the term dates in the Diet part. (six years? i don't think so.)

dive turn work
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gamma2244 is not online. gamma2244
Joined: 08 Oct 2009
Total Posts: 12481
27 Feb 2014 10:32 PM
ROBLOX equivalent of six years would be 6 months or so, maybe 3. Seem about good, Fauxy?

~Azur Renthius Kallun- The Champion of Mareth. | I don't fail, I seig heil!
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Synapsic is not online. Synapsic
Joined: 26 Dec 2010
Total Posts: 1388
28 Feb 2014 03:39 PM
Wait, I said years? Lol. I meant months. I was translating 1 year = 1 month. (The original Japanese Constitution gives terms in 6 years, so I was changing it to 6 months, but I must've forgotten to fix that. Lel. This is basically just a rewrite of the original constitution, btw.)
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Synapsic is not online. Synapsic
Joined: 26 Dec 2010
Total Posts: 1388
28 Feb 2014 03:40 PM
Lemme post a new draft with a few corrections I already made. (Including the years thing, still laughing.)
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