Provisions for the Review of a
New Japanese Constitution
[FEC Policy Decision,
Octorber 17, 1946]
The new constitution, which will in
due season after promulgation become the legal successor of the present
constitution with such changes as have been made or may be made as a result
of consideration and policy decision of the Far Eastern Commission, shall
be subject to further review by the Diet and the Far Eastern Commission
in terms of the following paragraph.
In order that the Japanese people may
have an opportunity, after the new constitution goes into effect, to reconsider
it in the light of the experience of its working, and in order that the
Far Eastern Commission may satisfy itself that the constitution fulfills
the terms of the Potsdam Declaration and other controlling documents, the
Commission decides as a matter of policy that, not sooner than one year
and not later than two years after it goes into effect, the situation with
respect to the new constitution should be reviewed by the Diet. Without
prejudice to the continuing jurisdiction of the Far Eastern Commission
at any time, the Commission shall also review the constitution within this
same period. The Far Eastern Commission, in determining whether the Japanese
constitution is an expression of the free will of the Japanese people,
may require a referendum or some other appropriate procedure for ascertaining
Japanese opinion with respect to the constitution.