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The Japanese Constitution - Chapter 1

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Chapter 1 - The Emperor


Article 1
The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power.

This article makes the post of emperor a symbolic one just like the post of Queen in UK or the post of president in a parliamentary democracy. It also emphasizes that the real power resides in the hands of people making it clear that there will be a democratic order of governance in Japan.


Article 2
The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.

This article describes how the people will control the position of emperor through their elected representatives.


Article 3
The advice and approval of the Cabinet shall be required for all acts of the Emperor in matters of state, and the Cabinet shall be responsible therefor.

Article 4
The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government.
The Emperor may delegate the performance of his acts in matters of state as may be provided by law.

Article 5
When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform his acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding article will be applicable.

Article 6
The Emperor shall appoint the Prime Minister as designated by the Diet. The Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Cabinet.

These make it clear that the position of emperor is indeed symbolic and the emperor does not have powers to enforce decisions in matters of governance. Such powers only reside with the Cabinet made up of elected representatives. In effect, the cabinet will make the decisions and those will be implemented in the name of the emperor. The Emperor will only do the appointment of the Prime Minister chosen by the people directly or indirectly. Also, the Chief Justice of the Supreme Court will actually be chosen by the Cabinet and the appointment will be done in the name of the emperor.


Article 7
The Emperor, with the advice and approval of the Cabinet, shall perform the following acts in matters of state on behalf of the people:
  1. Promulgation of amendments of the constitution, laws, cabinet orders and treaties.
  2. Convocation of the Diet.
  3. Dissolution of the House of Representatives.
  4. Proclamation of general election of members of the Diet.
  5. Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers.
  6. Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights.
  7. Awarding of honors.
  8. Attestation of instruments of ratification and other diplomatic documents as provided for by law.
  9. Receiving foreign ambassadors and ministers.
  10. Performance of ceremonial functions.
For the points 1 to 4, the emperor is only a facilitator and not the decision maker.
Points 7, 9 and 10 are the general duties of the heads of states.
Points 5, 6 and 8 specifically use the word "attestation" meaning that the emperor will only attest the decisions made by the government.



Article 8
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.

This article prevents the house of the emperor from gaining any unjustified gifts or privileges which may influence the decisions of the emperor.

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