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judgeship are to be settled by law. They shall be entitled to hold office for life, unless dismissed from the service by a criminal sentence or by the effect of a disciplinary trial. Disciplinary rules applicable to judicial functionaries are fixed by law, and carried out by decision of a court of law. No interference of any chief of an administrative office is allowed. All details as to suspension from office, to hishoku (temporary retirement from public service on one-third pay), to the transfer of appointment and to retirement on account of age, shall be mentioned in the law.

59. That trials are publicly conducted and that the parties are orally examined in public are most effective guarantees for the rights of the people. There are two stages in every criminal proceeding: preliminary examination and trial. The word ‘trial’ used in the present article does not include, in its meaning, preliminary examination. The cases in which public trial may be ‘prejudicial to peace and order’ are, for instance, those relating to offences connected with a state of internal commotion or with a foreign trouble, or those relating to the assembling of mobs or to instigation of crime, thereby agitating and exciting people’s minds. The cases in which public trial may be ‘prejudicial to maintenance of public morality’ are such, for instance, as relate to private matters causing scandal and shocking public morality when exposed to the knowledge of the community. From the expression ‘… may be prejudicial to peace and order, or to the maintenance of public morality,’ is to be inferred that whether a certain act is calculated to disturb peace and order or to be detrimental to public morality is to be decided by the opinion of the court, ‘according to law’—that is, according to the expressed provisions of the Code of Criminal Procedure and the Code of Civil Procedure. ‘By the decision of the court’—that is, where there is no express provision of law, the decision of the court will suffice to suspend public trial. From the expression ‘the public trial may be suspended’ it is to be inferred that judgment and pronunciation of sentence are always to be in public.

60. Those matters appertaining to men in the military or naval service that are taken cognizance of by the courts-martial belong to the category of matters that fall within the competency of a special court other than the ordinary courts of justice. Further, should it become necessary to establish in future special tribunals of commerce for merchants and manufacturers, commercial and industrial matters to be taken cognizance of by the said tribunals will also belong to the category of matters that shall fall under the jurisdiction of a special court other than the ordinary civil courts. Provision for these