NCJ Number
129229
Journal
Law and Contemporary Problems Volume: 53 Issue: 1 and 2 Dated: special issue (Winter/Spring 1990) P 1-12 (N 2)
Date Published
1990
Length
12 pages
Annotation
The article examines the basis and scope of the Japanese 1947 constitutional guarantee of freedom of economic activities, particularly the individual's right to choose his occupation and residence and to own or hold property.
Abstract
The article begins by identifying two possible theoretical foundations of the freedom of economic activities by examining the context of economic freedom within the constitutional system and within the idea of human rights. The article defines economic freedom as involving the freedom to choose an occupation and the right to own property and choose a residence. The freedom of occupation is then examined in detail using decisions of the Japanese Supreme Court as a basis. The focus shifts to an examination of property rights also using various Japanese Supreme Court cases to discuss this idea. The article highlights the specific constitutional provisions which protect this economic freedom and examines the constitutional validity of the statutory attempt to restrict the freedom of economic activities. 43 notes