11 - Chapter XI: Supplementary Provisions (Articles 100–103)

Summary

The provisions of Chapter XI were transitional in nature and have no substantive effect today. They are thus mainly of historical interest.

Article 100: Effectiveness and Transitional Measures

Colin P.A. Jones

Article 100.

(1) This Constitution shall be enforced as from the day when the period of six months will have elapsed counting from the day of its promulgation.

(2) The enactment of laws necessary for the enforcement of this Constitution, the election of members of the House of Councillors and the procedure for the convocation of the Diet and other preparatory procedures necessary for the enforcement of this Constitution may be executed before the day prescribed in the preceding paragraph.

The constitution was promulgated in the fall of 1946 on November 3, the birthday of the Meiji emperor (now celebrated as “Culture Day”). It took effect six months later on May 3, 1947, the anniversary of which is also a national holiday.

Since the House of Councillors did not exist under the Meiji Constitution, it was considered necessary to specifically anticipate and ratify the passage of laws by the soon-todisappear Imperial Diet relating to necessary elections and other preparatory measures.

Article 101: Transitional Measure Pending Formation of House of Councillors

Colin P.A. Jones

Article 101.

If the House of Councillors is not constituted before the effective date of this Constitution, the House of Representatives shall function as the Diet until such time as the House of Councillors shall be constituted.

Article 101 anticipated the possibility of the constitution taking effect before the House of Councillors was constituted. This problem did not arise so the provision proved unnecessary.

Article 102: Transitional Measure for House of Councillors Term of Office

Colin P.A. Jones

Article 102.

The term of office for half the members of the House of Councillors serving in the first term under this Constitution shall be three years. Members falling under this category shall be determined in accordance with law.

Under Article 46 members of the House of Councillors are elected for six-year terms, staggered so that 50 percent of the membership is up for election every three years. Article 102 provided the mechanism by which this staggering was commenced: by designating half of those elected in the first elections to the chamber to serve a term of only three years.