NO.020 Isn't the Japanese Supreme Court intentionally ignoring Article 97 of the Japanese Constitution? Article 97 of the Japanese Constitution guarantees the people's universal basic human rights to the people. The Japanese Supreme Court would like to eliminate this. The Japanese Supreme Court would like to decide the definition of basic human rights themselves. ・・・ Theme label: The purpose of establishing the Japanese Constitution is described in the preamble of the SF Peace Treaty. Japan's Supreme Court rulings that violate the constitution


Article 97 of the Constitution of Japan stipulates that the basic human rights that Japan guarantees to the people are the basic human rights that humanity has built up in history.
The LDP wants to delete this text. This draft is to be deleted in the LDP draft constitutional amendments currently pending.



Article 97 The fundamental human rights that this Constitution guarantees the Japanese people are the result of humanity's many years of efforts to gain freedom, and these rights endure many trials in the past, for the present and future people. On the contrary, it is entrusted as a permanent right that can not be violated.

This legitimacy of Article 97 is understood to be described in the preamble of the San Francisco Peace Treaty, which has been mentioned several times.
According to this preamble, the enacted Constitution of Japan is the condition for this treaty to be concluded, and the condition for Japan's accession to the United Nations. So, when Japan's constitution is revised, this will always be raised by someone from a member of the United Nations, right?
If my understanding is wrong, I would not do that, right?



The Japanese Supreme Court disregards Article 97 and makes a decision. Therefore, even in the receiving contract trial of NHK, it was ruled to be constitutional in December 2017.
The Supreme Court decision becomes a case, and in future trials, the court must judge by following this case.
The Sendai High Court ruled that the former Eugene Protection Act is unconstitutional in violation of the right to pursue happiness defined in Article 13 of the Constitution of Japan at the former Eugene Protection Law trial the other day. It did not judge that it was unconstitutional in violation of Article 97 which is a more fundamental principle.

Article 13 All people are respected as individuals. People's right to the pursuit of life, freedom and well-being needs the greatest respect in legislative and other national policies, as long as it does not violate public welfare.

Here, who decides "public welfare."

According to Article 97, "public welfare." Is interpreted as being attached to the basic human rights philosophy of humanity, symbolized by the Universal Declaration of Human Rights that humanity has built up in history It will be a thing.
The Japanese government has no authority to decide.


However, ignoring Article 97, the government decides what the public welfare is, and the government decides the pursuit of happiness to be given to the people by deciding what the public welfare is. Become.

Article 12 The freedom and right which this constitution guarantees to the people shall be maintained by the people's constant efforts. Also, the public must bear the responsibility of always using it for public welfare, as it should not be abused.

When interpreting the law, it must be clear what is 'free', what is 'right' and what is 'public welfare', but because of the existence of Article 97 these are universal to humanity Become an established philosophy.
However, if Article 97 is not approved, these will be decided by the government.

Judgment was also made in this stance on NHK's reception contract trial. The government decides what "the right of the people to know." The right of people to know is "the right to know NHK news reports." The government, so decided, was Article Culture in the Broadcasting Act.

The people have the right to know information on unbiased and not on information biased by specific people's claims. The institution established in accordance with this principle is NHK, and therefore, the right of the people to know is the right to know the NHK's coverage, and the people have the duty to secure the right to know Bear.

This burden must be fair to all people. Under this fair share principle, the public has an obligation to sign a receiving contract with NHK and to pay the receiving fee.
What is the basis for the impartiality? Is the government decided on it? The government decides what the information on unbiasedness is.

If it presupposes Article 97, it can not become such a judgment. Choosing a way to get the information you need is your choice. Not choosing NHK is the right of the person.

If Article 97 is not assumed, the public welfare of Article 12 will be decided by the government. Since fundamental human rights against public welfare are not permitted, the government can substantially deprive the people of the public's rights by deciding on the public welfare as desired.

Similarly, the definition of "people's happiness" will be made by the government, and Article 13 will be interpreted. During World War II, "Dedicate your life for the Kingdom of Japan" was defined by the government of the Great Japanese Empire at that time as "the happiness of the people." Pursuing one hundred million total happiness, that is one hundred billion ball crush.
It will be the same now. The draft constitutional amendment currently put on hold by the LDP is the constitution that makes this happen.
All people have the right to pursue happiness. "Doing a suicide attack on the enemy of the nation in a kamikaze" is "the happiness of the people." The government must raise its total power to realize the happiness of the people.

Once the constitutional amendments are realized, this is no longer a bad black joke. It is recognized that if Japan reforms its constitution, Japan will have the intention to exercise force.
The other country recognizes the danger of being attacked by Japan and will face Japan while preparing to attack Japan. Japan and other countries will always be chronically in a state of immediate tension.
The Japanese government would not assume such a situation. The Japanese government can only do what has been decided in advance.
If you get into an unexpected situation, you will not be able to do anything because you did not decide on your actions in advance. It will cause a depression of the mind and will lead to a madness runaway.
If you get into an unexpected situation, you will not be able to do anything because you did not decide on your actions in advance. It will cause a depression of the mind and will lead to a madness runaway.


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