Administrative Scrivener Examination cheat sheet

Constitution of Japan

• Three principles: popular sovereignty (Preamble, Art. 1), fundamental human rights (Art. 11, 97), pacifism (Art. 9 renunciation of war and non-maintenance of war potential).

• Art. 9 para. 2: no land, sea, or air forces or other war potential; the right of belligerency of the state is not recognized; the Cabinet's constitutional interpretation permits self-defense capacity only.

• Emperor is symbol of the State and unity of the people, deriving position from the will of the people (Art. 1); all acts require Cabinet advice and approval, and the Emperor has no powers related to government (Art. 4).

• Rights are held by 'the people' and are inviolable and eternal (Art. 11, 97); they are subject to the public welfare (Art. 12, 13) but the public welfare clause cannot be used to abolish a right's essence.

• Equality Art. 14: equality under the law, no discrimination in political, economic, or social relations based on race, creed, sex, social status, or family origin; peerage abolished; honors limited to present holders.

• Due process Art. 31 applies to criminal procedure; Art. 29 property rights are inviolable but may be restricted by law for public use with just compensation.

• Judicial review: the Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation, or official act (Art. 81); concrete review is the established practice.

• Amendment procedure Art. 96: concurring vote of two-thirds or more of all members of each House, then a majority in a national referendum; promulgation by the Emperor.

• Cabinet is collectively responsible to the Diet (Art. 66 para. 3); the House of Representatives may pass a no-confidence resolution by majority, requiring the Cabinet to resign en masse or dissolve the House within 10 days (Art. 69).