Civics - Constitution, Human Rights and Democratic Politics
What this domain tests
The three principles of the Constitution, the categories of human rights, and how the Diet, Cabinet and courts check one another, plus local autonomy and elections.
Constitutional core
The 1947 Constitution rests on popular sovereignty, respect for fundamental human rights and pacifism, expressed in the preamble and Article 9. It is a rigid constitution: amendment needs a two-thirds majority in each house and a majority in a national referendum. Article 98 makes it the supreme law; the preamble and Article 97 state that human rights are inviolable and permanent.
Human rights
The 1947 Constitution requires the state to respect and promote human rights. Categories to sort: equality rights (Article 14), freedom rights (mental, physical and economic), social rights (Article 25 livelihood, Article 26 education), suffrage, and claim rights for remedies. Rights are limited by the public welfare, and international human rights instruments extend this framework.
Government structure
The Diet is bicameral, with 465 members in the House of Representatives and 248 in the House of Councillors. The Cabinet is responsible to the Diet, and a no-confidence resolution can force resignation or dissolution. Courts use a three-tier system, hold the power of constitutional review, and since 2009 lay judges sit in serious criminal trials. Local governments may enact ordinances, and residents hold direct petition rights.
Worked example
"A prefectural ordinance conflicts with a national law." Reasoning: the Constitution is supreme, national law ranks above ordinances, and an ordinance that violates law is invalid; residents can still campaign for change through the assembly or a direct petition.
Traps
Calling Japan's constitution flexible; thinking a no-confidence vote directly removes ministers; and forgetting the referendum step in amendment.