-
- THE
CONSTITUTION OF JAPAN
November 3, 1946
PREFACE
We, the Japanese people, acting through our duly elected
representatives in the National Diet, determined that we shall
secure for ourselves and our posterity the fruits of peaceful
cooperation with all nations and the blessings of liberty throughout
this land, and resolved that never again shall we be visited
with the horrors of war through the action of government, do
proclaim that sovereign power resides with the people and do
firmly establish this Constitution. Government is a sacred trust
of the people, the authority for which is derived from the people,
the powers of which are exercised by the representatives of the
people, and the benefits of which are enjoyed by the people.
This is a universal principle of mankind upon which this Constitution
is founded. We reject and revoke all constitutions, laws ordinances,
and rescripts in conflict herewith. We, the Japanese people,
desire peace for all time and are deeply conscious of the high
ideals controlling human relationship and we have determined
to preserve our security and existence, trusting in the justice
and faith of the peace-loving peoples of the world. We desire
to occupy an honored place in an international society striving
for the preservation of peace, and the banishment of tyranny
and slavery, oppression and intolerance for all time from the
earth. We recognize that all peoples of the world have the right
to live in peace, free from fear and want. We believe that no
nation is responsible to itself alone, but that laws of political
morality are universal; and that obedience to such laws is incumbent
upon all nations who would sustain their own sovereignty and
justify their sovereign relationship with other nations. We,
the Japanese people, pledge our national honor to accomplish
these high ideals and purposes with all our resources.
CHAPTER
I: THE EMPEROR
Article 1:
The Emperor shall be the symbol of the State and the unity of
the people, deriving his position from the will of the people
with whom resides sovereign power.
Article 2:
The Imperial Throne shall be dynastic and succeeded to in accordance
with the Imperial House Law passed by the Diet.
Article 3:
The advice and approval 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. (2) The Emperor may delegate the
performance of his acts in matters of state as may be provided
for 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 Emperor shall appoint the Chief Judge of the Supreme Court
as designated by the Cabinet.
Article 7:
The Emperor shall, with the advice and approval of the Cabinet,
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.
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.
CHAPTER
II: RENUNCIATION OF WAR
Article 9:
Aspiring sincerely to an international peace based on justice
and order, the Japanese people forever renounce war as a sovereign
right of the nation and the threat or use of force as means of
settling international disputes. (2) In order to accomplish the
aim of the preceding paragraph, land, sea, and air forces, as
well as other war potential, will never be maintained. The right
of belligerency of the state will not be recognized.
CHAPTER
III: RIGHTS AND DUTIES OF THE PEOPLE
Article 10:
The conditions necessary for being a Japanese national shall
be determined by law.
Article 11:
The people shall not be prevented from enjoying any of the fundamental
human rights. These fundamental human rights guaranteed to the
people by this Constitution shall be conferred upon the people
of this and future generations as eternal and inviolate rights.
Article 12:
The freedoms and rights guaranteed to the people by this Constitution
shall be maintained by the constant endeavor of the people, who
shall refrain from any abuse of these freedoms and rights and
shall always be responsible for utilizing them for the public
welfare.
Article 13:
All of the people shall be respected as individuals. Their right
to life, liberty, and the pursuit of happiness shall, to the
extent that it does not interfere with the public welfare, be
the supreme consideration in legislation and in other governmental
affairs.
Article 14:
All of the people are equal under the law and there shall be
no discrimination in political, economic or social relations
because of race, creed, sex, social status or family origin.
2) Peers and peerage shall not be recognized. 3) No privilege
shall accompany any award of honor, decoration or any distinction,
nor shall any such award be valid beyond the lifetime of the
individual who now holds or hereafter may receive it.
Article 15:
The people have the inalienable right to choose their public
officials and to dismiss them. (2) All public officials are servants
of the whole community and not of any group thereof. 3) Universal
adult suffrage is guaranteed with regard to the election of public
officials. 4) In all elections, secrecy of the ballot shall not
be violated. A voter shall not be answerable, publicly or privately,
for the choice he has made.
Article 16:
Every person shall have the right of peaceful petition for the
redress of damage, for the removal of public officials, for the
enactment, repeal or amendment of laws, ordinances or regulations
and for other matters; nor shall any person be in any way discriminated
against for sponsoring such a petition.
Article 17:
Every person may sue for redress as provided by law from the
State or a public entity, in case he has suffered damage through
illegal act of any public official.
Article 18:
No person shall be held in bondage of any kind. Involuntary servitude,
except as punishment for crime, is prohibited.
Article 19:
Freedom of thought and conscience shall not be violated.
Article 20:
Freedom of religion is guaranteed to all. No religious organization
shall receive any privileges from the State, nor exercise any
political authority. (2) No person shall be compelled to take
part in any religious acts, celebration, rite or practice. (3)
The State and its organs shall refrain from religious education
or any other religious activity.
Article 21:
Freedom of assembly and association as well as speech, press
and all other forms of expression are guaranteed. (2) No censorship
shall be maintained, nor shall the secrecy of any means of communication
be violated.
Article 22:
Every person shall have freedom to choose and change his residence
and to choose his occupation to the extent that it does not interfere
with the public welfare. 2) Freedom of all persons to move to
a foreign country and to divest themselves of their nationality
shall be inviolate.
Article 23:
Academic freedom is guaranteed.
Article 24:
Marriage shall be based only on the mutual consent of both sexes
and it shall be maintained through mutual cooperation with the
equal rights of husband and wife as a basis. (2) With regard
to choice of spouse, property rights, inheritance, choice of
domicile, divorce and other matters pertaining to marriage and
the family, laws shall be enacted from the standpoint of individual
dignity and the essential equality of the sexes.
Article 25:
All people shall have the right to maintain the minimum standards
of wholesome and cultured living. (2) In all spheres of life,
the State shall use its endeavors for the promotion and extension
of social welfare and security, and of public health.
Article 26:
All people shall have the right to receive an equal education
correspondent to their ability, as provided for by law. (2) All
people shall be obligated to have all boys and girls under their
protection receive ordinary education as provided for by law.
Such compulsory education shall be free.
Article 27:
All people shall have the right and the obligation to work. (2)
Standards for wages, hours, rest and other working conditions
shall be fixed by law. (3) Children shall not be exploited.
Article 28:
The right of workers to organize and to bargain and act collectively
is guaranteed.
Article 29:
The right to own or to hold property is inviolable. (2) Property
rights shall be defined by law, in conformity with the public
welfare. (3) Private property may be taken for public use upon
just compensation therefor.
Article 30:
The people shall be liable to taxation as provided for by law.
Article 31:
No person shall be deprived of life or liberty, nor shall any
other criminal penalty be imposed, except according to procedure
established by law.
Article 32:
No person shall be denied the right of access to the courts.
Article 33:
No person shall be apprehended except upon warrant issued by
a competent judicial officer which specifies the offense with
which the person is charged, unless he is apprehended, the offense
being committed.
Article 34:
No person shall be arrested or detained without being at once
informed of the charges against him or without the immediate
privilege of counsel; nor shall he be detained without adequate
cause; and upon demand of any person such cause must be immediately
shown in open court in his presence and the presence of his counsel.
Article 35:
The right of all persons to be secure in their homes, papers
and effects against entries, searches and seizures shall not
be impaired except upon warrant issued for adequate cause and
particularly describing the place to be searched and things to
be seized, or except as provided by Article 33. 2 Each search
or seizure shall be made upon separate warrant issued by a competent
judicial officer.
Article 36:
The infliction of torture by any public officer and cruel punishments
are absolutely forbidden.
Article 37:
In all criminal cases the accused shall enjoy the right to a
speedy and public trial by an impartial tribunal. (2) He shall
be permitted full opportunity to examine all witnesses, and he
shall have the right of compulsory process for obtaining witnesses
on his behalf at public expense. (3) At all times the accused
shall have the assistance of competent counsel who shall, if
the accused is unable to secure the same by his own efforts,
be assigned to his use by the State.
Article 38:
No person shall be compelled to testify against himself. (2)
Confession made under compulsion, torture or threat, or after
prolonged arrest or detention shall not be admitted in evidence.
(3) No person shall be convicted or punished in cases where the
only proof against him is his own confession.
Article 39:
No person shall be held criminally liable for an act which was
lawful at the time it was committed, or of which he had been
acquitted, nor shall he be placed in double jeopardy.
Article 40:
Any person may, in case he is acquitted after he has been arrested
or detained, sue the State for redress as provided for by law.
CHAPTER
IV: THE DIET
Article 41:
The Diet shall be the highest organ of the state power, and shall
be the sole law-making organ of the State.
Article 42:
The Diet shall consist of two Houses, namely the House of Representatives
and the House of Councillors.
Article 43:
Both Houses shall consist of elected members, representative
of all the people. (2) The number of the members of each House
shall be fixed by law.
Article 44:
The qualifications of members of both Houses and their electors
shall be fixed by law. However, there shall be no discrimination
because of race, creed, sex, social status, family origin, education,
property or income.
Article 45:
The term of office of members of the House of Representatives
shall be four years. However, the term shall be terminated before
the full term is up in case the House of Representatives is dissolved.
Article 46:
The term of office of members of the House of Councillors shall
be six years, and election for half the members shall take place
every three years.
Article 47:
Electoral districts, method of voting and other matters pertaining
to the method of election of members of both Houses shall be
fixed by law.
Article 48:
No person shall be permitted to be a member of both Houses simultaneously.
Article 49:
Members of both Houses shall receive appropriate annual payment
from the national treasury in accordance with law.
Article 50:
Except in cases as provided for by law, members of both Houses
shall be exempt from apprehension while the Diet is in session,
and any members apprehended before the opening of the session
shall be freed during the term of the session upon demand of
the House.
Article 51:
Members of both Houses shall not be held liable outside the House
for speeches, debates or votes cast inside the House.
Article 52:
An ordinary session of the Diet shall be convoked once per year.
Article 53:
The Cabinet may determine to convoke extraordinary sessions of
the Diet. When a quarter or more of the total members of either
House makes the demand, the Cabinet must determine on such convocation.
Article 54:
When the House of Representatives is dissolved, there must be
a general election of members of the House of Representatives
within forty(40) days from the date of dissolution, and the Diet
must be convoked within thirty(30) days from the date of the
election. (2) When the House of Representatives is dissolved,
the House of Councillors is closed at the same time. However,
the Cabinet may, in time of national emergency, convoke the House
of Councillors in emergency session. (3) Measures taken at such
session as mentioned in the proviso of the preceding paragraph
shall be provisional and shall become null and void unless agreed
to by the House of Representatives within a period of ten(10)
days after the opening of the next session of the Diet.
Article 55:
Each House shall judge disputes related to qualifications of
its members. However, in order to deny a seat to any member,
it is necessary to pass a resolution by a majority of two-thirds
or more of the members present.
Article 56:
Business cannot be transacted in either House unless one-third
or more of total membership is present. (2) All matters shall
be decided, in each House, by a majority of those present, except
as elsewhere provided for in the Constitution, and in case of
a tie, the presiding officer shall decide the issue.
Article 57:
Deliberation in each House shall be public. However, a secret
meeting may be held where a majority of two-thirds or more of
those members present passes a resolution therefor. (2) Each
House shall keep a record of proceedings. This record shall be
published and given general circulation, excepting such parts
of proceedings of secret session as may be deemed to require
secrecy. (3) Upon demand of one-fifth or more of the members
present, votes of the members on any matter shall be recorded
in the minutes.
Article 58:
Each House shall select its own president and
other officials. (2) Each House shall establish its rules pertaining
to meetings, proceedings and internal discipline, and may punish
members for disorderly conduct. However, in order to expel a
member, a majority of two-thirds or more of those members present
must pass a resolution thereon.
Article 59:
A bill becomes a law on passage by both Houses, except as otherwise
provided for by the Constitution. (2) A bill, which is passed
by the House of Representatives, and upon which the House of
Councillors makes a decision different from that of the House
of Representatives, becomes a law when passed a second time by
the House of Representatives by a majority of two-thirds or more
of the members present. (3) The provision of the preceding paragraph
does not preclude the House of Representatives from calling for
the meeting of a joint committee of both Houses, provided for
by law. (4) Failure by the House of Councillors to take final
action within sixty(60) days after receipt of a bill passed by
the House of Representatives, time in recess excepted, may be
determined by the House of Representatives to constitute a rejection
of the said bill by the House of Councillors.
Article 60:
The budget must first be submitted to the House of Representatives.
(2) Upon consideration of the budget, when the House of Councillors
makes a decision different from that of the House of Representatives,
and when no agreement can be reached even through a joint committee
of both Houses, provided for by law, or in the case of failure
by the House of Councillors to take final action within thirty
(30) days, the period of recess excluded, after the receipt of
the budget passed by the House of Representatives, the decision
of the House of Representatives shall be the decision of the
Diet.
Article 61:
The second paragraph of the preceding Article applies also the
the Diet approval required for the conclusion of treaties.
Article 62:
Each House may conduct investigations in relation to government,
and may demand the presence and testimony of witnesses, and the
production of records.
Article 63:
The Prime Minister and other Ministers of State may, at any time,
appear in either House for the purpose of speaking on bills,
regardless of whether they are members of the House or not. They
must appear when their presence is required in order to give
answers or explanations.
Article 64:
The Diet shall set up an impeachment court from among the members
of both Houses for the purposes of trying those judges against
whom removal proceedings have been instituted. (2) Matters relating
to impeachment shall be provided for by law.
CHAPTER
V: THE CABINET
Article 65:
Executive power shall be vested in the Cabinet.
Article 66:
The Cabinet shall consist of the Prime Minister, who shall be
its head, and other Ministers of State, as provided for by law.
(2) The Prime Minister and other Ministers of State must be civilians.
(3) The Cabinet shall, in the exercise of executive power, be
collectively responsible to the Diet.
Article 67:
The Prime Minister shall be designated from among the members
of the Diet by a resolution of the Diet. This designation shall
precede all other business. (2) If the House of Representatives
and the House of Councillors disagree and if no agreement can
be reached even through a joint committee of both Houses, provided
for by law, or the House of Councillors fails to make designation
within ten(10) days, exclusive of the period of recess, after
the House of Representatives has made designation, the decision
of the House of Representatives shall be the decision of the
Diet.
Article 68:
The Prime Minister shall appoint the Ministers of State. However,
a majority of their number must be chosen from among the members
of the Diet. (2) The Prime Minister may remove the Ministers
of State as he chooses.
Article 69:
If the House of Representatives passes a non-confidence resolution,
or rejects a confidence resolution, the Cabinet shall resign
en masse, unless the House of Representatives is dissolved within
ten(10) days.
Article 70:
When there is a vacancy in the post of Prime Minister, or upon
the first convocation of the Diet after a general election of
members of the House of Representatives, the Cabinet shall resign
en masse.
Article 71:
In the cases mentioned in the two preceding Articles, the Cabinet
shall continue its functions until the time when a new Prime
Minister is appointed.
Article 72:
The Prime Minister, representing the Cabinet, submits bills,
reports on general national affairs and foreign relations to
the Diet and exercises control and supervision over various administrative
branches.
Article 73:
The Cabinet shall, in addition to other general administrative
functions, perform the following functions: (1) Administer the
law faithfully; conduct affairs of state. (2) Manage foreign
affairs. (3) Conclude treaties. However, it shall obtain prior
or, depending on circumstances sudsequent approval of the Diet.
(4) Administer the civil service, in accordance with standards
established by law. (5) Prepare the budget, and present it to
the cabinet orders in order to execute the provisions of this
Constitution and of the law. However, it cannot include penal
provisions in such cabinet orders unless authorized by such law.
(7) Decide on general amnesty, special amnesty, commutation of
punishment, reprieve, and restoration of rights.
Article 74:
All laws and cabinet orders shall be signed by the competent
Minister of State and countersigned by the Prime Minister.
Article 75:
The Ministers of State shall not, during their tenure of office,
be subject to legal action without the consent of the Prime Minister.
However, the right to take that action is not impaired hereby.
CHAPTER
VI: JUDICIARY
Article 76:
The whole judicial power is vested in a Supreme Court and in
such inferior courts as are established by law. 2) No extraordinary
tribunal shall be established, nor shall any organ or agency
of the Executive be given final judicial power. 3) All judges
shall be independent in the exercise of their conscience and
shall be bound only by this Constitution and the laws.
Article 77:
The Supreme Court is vested with the rule-making power under
which it determines the rules of procedure and of practice, and
of matters relating to attorneys, the internal discipline of
the courts and the administration of judicial affairs. 2) Public
procurators shall be subject to the rule-making power of the
Supreme Court. 3) The Supreme Court may delegate the power to
make rules for inferior courts to such courts.
Article 78:
Judges shall not be removed except by public impeachment unless
judicially declared mentally or physically incompetent to perform
official duties. No disciplinary action against judges shall
be administered by any executive organ or agency.
Article 79:
The Supreme Court shall consist of a Chief Judge and such number
of judges as may be determined by law; all such judges excepting
the Chief Judge shall be appointed by the Cabinet. (2) The appointment
of the judges of the Supreme Court shall be reviewed by the people
at the first general election of members of the House of Representatives
following their appointment, and shall be reviewed again at the
first general election of members of the House of Representatives
after a lapse of ten(10) years, and in the same manner thereafter.
Article 80:
The judges of the inferior courts shall be appointed by the Cabinet
from a list of persons nominated by the Supreme Court. All such
judges shall hold office for a term of ten(10) years with privilege
of reappointment, provided that they shall be retired upon the
attainment of the age as fixed by law. (2) The judges of the
inferior courts shall receive, at regular stated intervals, adequate
compensation which shall not be decreased during their terms
of office.
Article 81:
The Supreme Court is the court of last resort with power to determine
the constitutionality of any law, order, regulation or official
act.
Article 82:
Trials shall be conducted and judgment declared publicly. (2)
Where a court unanimously determines publicity to be dangerous
to public order or morals, a trial may be conducted privately,
but trials of political offenses, offenses involving the press
or cases wherein the rights of people as guaranteed in CHAPTER
III of this Constitution are in question shall always be conducted
publicly.
CHAPTER
VII: FINANCE
Article 83:
The power to administer national finances shall be exercised
as the Diet shall determine.
Article 84:
No new taxes shall be imposed or existing ones modified except
by law or under such conditions as law may prescribe.
Article 85:
No money shall be expended, nor shall the State obligate itself,
except as authorized by the Diet.
Article 86:
The Cabinet shall prepare and submit to the Diet for its consideration
and decision a budget for each fiscal year.
Article 87:
In order to provide for unforeseen deficiencies in the budget,
a reserve fund may be authorized by the Diet to be expended upon
the responsibility of the Cabinet must get subsequent approval
of the Diet for all payments from the reserve fund.
Article 88:
All property of the Imperial Household shall belong to the State.
All expenses of the Imperial Household shall be appropriated
by the Diet in the budget.
Article 89:
No public money or other property shall be expended or appropriated
for the use, benefit or maintenance of any religious institution
or association, or for any charitable, educational or benevolent
enterprises not under the control of public authority.
Article 90:
Final accounts of the expenditures and revenues of the State
shall be audited annually by a Board of Audit and submitted by
the Diet, together with the statement of audit, during the fiscal
year immediately following the period covered. (2) The organization
and competency of the Board of Audit shall be determined by law.
Article 91:
At regular intervals and at least annually the Diet and the people
on the state of national finances.
CHAPTER
VIII: LOCAL SELF-GOVERNMENT
Article 92:
Regulations concerning organization and operations of local public
entities shall be fixed by law in accordance with the principle
of local autonomy.
Article 93:
The local public entities shall establish assemblies as their
deliberative organs, in accordance with law. (2) The chief executive
officers of all local public entities, the members of their assemblies,
and such other local officials as may be determined by law shall
be elected by direct popular vote within their several communities.
Article 94:
Local public entities shall have the right to manage their property,
affairs and administration and to enact their own regulations
within law.
Article 95:
A special law, applicable only to one local public entity, cannot
be enacted by the Diet without the consent of the majority of
the voters of the local public entity concerned, obtained in
accordance with law.
CHAPTER
IX: AMENDMENTS
Article 96:
Amendments to this Constitution shall be initiated by the Diet,
through a concurring vote of two-thirds or more of all the members
of each House and shall thereupon be submitted to the people
for ratification, which shall require the affirmative vote of
a majority of all votes cast thereon, at a special referendum
or at such election as the Diet shall specify. (2) Amendments
when so ratified shall immediately be promulgated by the Emperor
in the name of the people, as an integral part of this Constitution.
CHAPTER
X: SUPREME LAW
Article 97:
The fundamental human rights by this Constitution guaranteed
to the people of Japan are fruits of the age-old struggle of
man to be free; they have survived the many exacting tests for
durability and are conferred upon this and future generations
in trust, to be held for all time inviolate.
Article 98:
This Constitution shall be the supreme law of the nation and
no law, ordinance, imperial rescript or other act of government,
or part thereof, contrary to the provisions hereof, shall have
legal force or validity. (2) The treaties concluded by Japan
and established laws of nations shall be faithfully observed.
Article 99:
The Emperor or the Regent as well as Ministers of State, members
of the Diet, judges, and all other public officials have the
obligation to respect and uphold this Constitution.
CHAPTER
XI: SUPPLEMENTARY PROVISIONS
Article 100:
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.
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 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.
Article 103:
The Ministers of State, members of the House of Representatives,
and judges in office on the effective date of this Constitution,
and all other public officials who occupy positions corresponding
to such positions as are recognized by this Constitution shall
not forfeit their positions automatically on account of the enforcement
of this Constitution unless otherwise specified by law. When,
however, successors are elected or appointed under the provisions
of this Constitution, they shall forfeit their positions as a
matter of course.
THE CONSTITUTION OF JAPAN (November
3, 1946)
I rejoice that the foundation for the construction
of a new Japan has been laid according to the will of the Japanese
people, and hereby sanction and promulgate the amendments of
the Imperial Japanese Constitution effected following the consultation
with the Privy Council and the decision of the Imperial Diet
made in accordance with Article 73 of the said Constitution.
Signed:
HIROHITO, Seal of the Emperor,
This third day of the eleventh month of the twenty-first year
of Showa (November 3, 1946).
Countersigned:
Prime Minister and concurrently
Minister for Foreign Affairs
YOSHIDA Shigeru,
Minister of State
Baron SHIDEHARA Kijuro,
Minister of Justice
KIMURA Tokutaro,
Minister for Home Affairs
OMURA Seiichi,
Minister of Education
TANAKA Kotaro,
Minister of Agriculture and Forestry
WADA Hiroo,
Minister of State
SAITO Takao,
Minister of Communication
HITOTSUMATSU Sadayoshi,
Minister of Commerce and Industry
HOSHIJIMA Jiro,
Minister of Welfare
KAWAI Yoshinari,
Minister of State
UEHARA Etsujiro,
Minister of Transportation
HIRATSUKA Tsunejiro,
Minister of Finance
ISHIBASHI Tanzan,
Minister of State
KANAMORI Tokujiro,
Minister of State
ZEN Keinosuke.
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