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INTEREST: Hayao Miyazaki Pens Essay on Japanese Constitutional Reform


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Joined: 16 Aug 2008
Posts: 3717
PostPosted: Fri Jul 26, 2013 7:02 pm Reply with quote
Surrender Artist wrote:
The Japanese constitution in fact has has quite robustly worded protection of expression clause.

Quote:
Article 21. Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.


The courts have presumably construed this narrowly and declined to protect what might be considered obscenity as speech, which would be in line with the general habit of Japanese courts not to contravene the government.

It could be justified using other articles that conflict with it:
Quote:
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.

A real right when exercised, can never be "abused". And your freedom is only good for obeying the state in utilizing it for public welfare. If it determines that some thing is against that public good, then it would still be considered constitutional to ban it.

Quote:
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.

There it is again. Your rights are subservient to the public welfare.

Quote:
Article 25. All people shall have the right to maintain the minimum standards of wholesome and cultured living.
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.

This sounds even worse.

Even Article 22 applies the same logic, making a "right" to move or change occupations subservient to public welfare.

Likewise for:
Quote:
Article 29. The right to own or to hold property is inviolable. Property rights shall be defined by law, in conformity with the public welfare.


Again, how something be "inviolable" and in the next, show a way to violate it? The parts about "fundamental rights" and freedoms being "eternal and inviolate rights" are just plain logical inconsistencies. Basically something labeled as fundamental or inviolate are not fundamental at all, and are rather predicated on certain collectivist ideas.

I should note that the US Constitution also has similar problems, though to a lesser, not quite as explicit, extent
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