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Welfare Rights

NCJ Number
129230
Journal
Law and Contemporary Problems Volume: 53 Issue: 1 and 2 Dated: special issue (Winter/Spring 1990) P 13-28 (N 2)
Author(s)
A Osuka
Date Published
1990
Length
16 pages
Annotation
The article discusses the development of the right to a decent life in Japan before and after World War II.
Abstract
In Japan, welfare rights mean the right to a decent life which is one of the social rights. Under the Meiji constitution, there was no concept of a constitutionally guaranteed right to a decent life. The factors supporting this lack are presented. The 1947 constitution is discussed in comparison to the previous one in this area and in how the social rights idea has its roots in the American constitution. The article focuses further on the development of theories concerning the legal nature of the right to a decent life. A survey of case law concerning the right to a decent life follows to support the development of this right. A discussion of the significance of the constitutional guarantee of social rights, particularly the right to a decent life, concludes the article and ties together the protection of the right to a decent life with the protection of economic life and the various legal aspects leading from that tie. 32 notes

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