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🌏 | American sentiment toward China worsens, 70% “human rights issues should be pursued” = survey


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Deterioration of sentiment toward China by Americans, 70% "Human rights issues should be pursued" = Survey

 
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In the survey, "Americans, economic relations with China believes that we should give priority to human rights problem even worse," it was.
 

WASHINGTON (Reuters) - US public opinion research institute Pew Research Center survey, which was published in four days ... → Continue reading

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human rights

human rights(Jinken, human rights) is simplyA humanUniversal based on beingright[1].. "versusNational power"Or"Right of revolutionIs derived from[1][2].Bourgeois revolutionIs a right established by the (capitalist revolution)ConstitutionEssential ofprincipleIs said to be[3].

Human rightsBy natureAnd the basic rights that are not violated by the state power.[3],International human rights law(International human rights law)ProtectionHas been[4].. An example of the bourgeois revolution

And these are human rightsclassicExpressing[3].LiberalismBourgeois revolution based on (liberalism)Industrial revolution-資本主義Human rights law has developed along with[5].

Overview

"Human rights" includes "Basic human rights"Or"Basic rightsThere is a related concept like ".These may be discussed separately from each other, or they may be used synonymously.[6].

Legally (Positive lawCrossed)Natural rightThe constitution guarantees that the personality ofrightMay be understood as a synonym for[7]..Also, when talking exclusively about <freedom from state power>,Suffrage,Social rightsAnd various new human rights may be used[7][8].

There are two ways of thinking about human rights security[9].. The first is based on what is called the idea of ​​natural rights. Individuals have the right to be born as a person, not given by the state, and the guarantee of individual rights in the Constitution is such a natural thing. The idea is to confirm the right[9].. In Kojien, it is not deprived or restricted like the statutory rights[10], Is described. The second is the idea that the Constitution foundably guarantees the rights of individuals without the idea of ​​confirming natural rights.[9].. It is said that the 18th century natural rights thought receded in the 19th century and the legal positivist or utilitarian thinking attitude became dominant.[6], The French Constitution of 1814 is an example.[9].

Historically, the concept of "basic human rights"18st centuryStrictly understanding the point of pre-national natural rights in the Declaration of Human Rights means "free right" (the narrowest sense of "basic human rights")[6].. In addition, when it comes to how to actually guarantee "freedom", "participation right" is also considered to be "basic human rights" (narrowly defined "basic human rights" idea).[6].. From the 18th century, the concept of "basic human rights" in the narrow sense described above19st centuryWas the predominant idea of ​​human rights over[6].. The Declaration of Human Rights in the 18th century stipulated a "perfect individual" who acted reasonably, but from the end of the 19th century20st centuryIn such a difficult socio-economic situation, the situation that betrays such a measure becomes gradually clearer, and there is a tendency to think about rights according to specific human situations. It came to be considered by "human rights" (broad sense of "basic human rights")[6].

In the broadest sense, all constitutional rights are sometimes thought of as "basic human rights" (the broadest sense of "basic human rights").[11].. However, from the standpoint of placing importance on the idea of ​​natural rights, it is understood that rights that can only be created by the state cannot be included in this.[12].. Even in Japanese constitutional theories, as long as the idea of ​​natural rights is emphasized, "basic human rights" (Article 11 of the Constitution of Japan) And “the freedom and rights this constitution provides to the people” (Article 12 of the Constitution of Japan) Is not considered to have the same content.[12], Traditionally, in generalState compensation claim(Article 17 of the Constitution of Japan) AndCriminal compensation claim(Article 40 of the Constitution of Japan) Is included in the “freedom and rights guaranteed by this constitution to the people” (Article 12 of the Constitution of Japan), but as a right to embody or supplement basic human rights, Have been distinguished[11].. There is also a theory that "freedom and rights that this constitution guarantees to the public" (Article 12 of the Constitution of Japan) broadly includes the right to approve constitutional amendments and the right to examine the Supreme Court Judge.[13].. In some countries, constitutional freedom and rights guaranteed to the people may be distinguished by calling them "basic rights" (Grundrechte).[12].

History of human rights thought

Prehistory

The history of modern human rights protection is1215BritishMagna CartaGo back to (Great Charter)[14].. Magna Carta originally succumbed to the demands of feudal aristocratsジ ョ ンIt is nothing more than a document of concession promises made by itself, and is not itself a human rights declaration in a modern sense.[14]. But,Sir Edward CorkApplied a modern interpretation to this as a basis for the principles of "respect for vested rights", "no taxation unless represented", and "right of resistance", so Magna Carta has the meaning of the modern declaration of human rights. Came to have[14].. Magna Carta in 1628Petition for rights, 1679Personal protection law, 1689Bill of RightsAnd has a broad ideological impact as a symbol of human rights guarantee.[15].

It was also gradually achieved after the 16th century religious reformReligious freedomThe establishment of the nation became a milestone for the liberation of the human spirit in modern times.[16].. In medieval Europe, people were not allowed to believe in any religion other than the state's official religion, and those who did not believe in the official religion were usually punished as heretics and treated discriminatoryly.[16].. The battle of the people who stood up against such an arbitrary system played a role not only to establish freedom of religion, but also to generate awareness of human freedom in the modern age.[16].

17th-18th century

Against the backdrop of the rise of the public classGrotius,Lock,RousseauThe theory of modern natural law, which was created and developed by, etc., played an important role in the later formation of the human rights declaration.[16].. Locke, for example, asserts the rights to life, freedom and property as natural human rights, and also states that the state should be tolerant of religious freedom.[17].

The first human rights declaration that made the "natural rights" real1776 OfVirginia Bill of RightsIs[18].. American colonial peopleStamp methodSince the opposite struggle against, he has asserted his right by using a petition for rights and a bill of rights, and has resisted the oppression of the British homeland.American Revolutionary WarRushed to "British rights" and came to claim natural human rights based on the idea of ​​natural law[18].

Virginia Bill of Rights Article 1
A person is free and independent by nature and has certain natural rights. These rights cannot be deprived from the descendants of the people by any contract as they enter the state of society. These rights are the rights to acquire and own property and enjoy life and freedom with the means of pursuing happiness and security.[18]

The natural law thought that resulted in AmericaDeclaration of human and civil rights(French Declaration of Human Rights, 1789)[19].. The French Declaration of Human Rights enumerates human rights, freedom of speech and publication, property rights, resistance rights, and other rights on the premise that people are naturally free and equal, and at the same time, the rights of national sovereignty and the separation of power. Principles are defined as indivisible[19].. Human rights thoughts have increased with the progress of the French Revolution,1793 ConstitutionIn this case, the provision of resistance rights was raised to an indispensable obligation, but property rights became a relative thing that could be restricted if there was a public need and just prior compensation.[20](However, the 1793 Constitution was never enforced).

19st century

The idea of ​​natural rights in the 18th century receded in the 19th century, and legal positivism or utilitarian thinking became dominant.[6].

French1814 Kin ConstitutionThen, the rights of the people were not only limited in number, such as equality under the law and liberty of the person, but also qualitatively changed from natural rights to beneficial rights given by the king.[20].

Germany's 1850 Prussian Constitution also had a number of rights provisions, but the rights and freedoms guaranteed were no more than natural but "only violated by law"[21].

It was the idea of ​​a "free state" that the main task of the nation was to secure the freedom of the people, and it was desirable that the nation not interfere with society.[22].. In the constitutional rights guarantee, equality of the application of the law and guarantee of various liberties were central.[22].. Freedom reached the Prussian Constitution of 1850 and became saturated, and the subsequent Constitutions almost followed this, leading to the First World War.[22].

After the 20th century

Constitutions of liberal countries and socialist countries

From the 18th century to the 19th century資本主義Developed rapidly, but social contradictions began to appear with it[23].. Free competition brings social progress, but the starting point of competition must be equal for it to be endorsed with a sense of justice[24].Industrial revolutionWith the advent of the mass-production era and the increase in the number of workers without means of production, the majority of the property rights and liberal rights guaranteed by the Constitution are vacant for such adolescents. Freedom, a free-launch economy based on liberalism has led to a marked uneven distribution of wealth and poverty of the birthless class.[23].. States are now required to be actively involved in ensuring their social rights[23].

So in the 20th century constitutionWeimar ConstitutionConstitution of liberal countriesSoviet constitutionResulted in two flows of constitution of socialist countries such as[25].

1919Weimar's Constitution is the first constitution to guarantee social human rights such as the right to live and the rights of workers based on the idea of ​​"social state" or "welfare state"[23][24].. Usually, in a liberal state, the coexistence of a "free state" and a "social state" is ideal[26].

On the other hand, the constitutions of socialist countries were essentially different from those of liberal countries.[27].. In the case of guaranteeing the rights of liberal rights, not only simply guaranteeing abstract freedom, but also guaranteeing the material conditions necessary for exercising the free right.[27].. Also in 1936Federal Constitution of the Soviet Socialist RepublicAllowed the possession and inheritance of objects for citizen consumption, but prohibited private ownership of land and means of production.[28].

However, in socialist countries such as Russia and Eastern European countries that did not experience bourgeois democracy, the constitution itself did not function sufficiently, and the rights and freedoms guaranteed there were also attributed to the picture sticks.[29].. Eventually, factors such as one-party dictatorship and rigid bureaucracy stalled the Soviet Union and Eastern European socialist states, and the constitutions of these countries also became ineffective.[28].. However, it is said that the idea of ​​rights guarantee there also affected the constitutions of liberal countries.[28].

Internationalization of human rights

United Nations CharterUnder the system, the universal concept of human rights isAprioriHuman rights protection was, in principle, a matter of domestic jurisdiction, where interference by UN agencies was prohibited. For this reason, the international implementation of human rights first developed within the framework of national agreements embodied in the form of treaties. It was after the 1980s that the international protection activities of human rights, especially by the United Nations, began to take off from the framework of the treaty system.

1948May 12,United Nations TheUniversal Declaration of Human RightsWas adopted and declared.

1966May 12The United Nations to legally bind the Universal Declaration of Human Rights.International human rights agreement(International Covenant on Economic, Social and Cultural Rightsas well as the International Covenant on Civil and Political Rights,Optional Protocol to the International Covenant on Civil and Political Rights) Was adopted.

Article 40 of the Freedom Covenant defines the reporting system, Article 41 of the Freedom Covenant defines the interstate reporting system, and the Optional Protocol sets out the individual reporting system.[30].

For the concrete realization of the Universal Declaration of Human Rights, the United Nations isConventions on human rightsHas been established. AlsoEuropean CouncilIs "Convention for the protection of human rights and fundamental freedoms"Americas OrganizationIs "American Human Rights Treaty"African UnionIs "African Charter on the Rights of People and PeopleHas been established, and human rights courts have been established to guarantee human rights under international law.

Classification of human rights

Georg JelinekAccording to the theory of public rights, "active position" (beneficiary right) and "negative position" (free right) are classified according to the status of the people to the nation.[31].

Toshiyoshi MiyazawaIndicates the status of the people in the "passive beneficiary relationship" as "liberal right" and the status of the people in the "proactive benefit relationship" as "Social rightsThe petition right and the right to be tried are classified as “rights in an active relationship”[32].

Koji SatoAre categorized into "Comprehensive Basic Rights", "Responsible Rights" (Freedom Rights), "Active Rights" (Beneficiary Rights/Sociational Basic Rights), and "Active Rights" (Suffrage Rights/Petition Rights)[33].

The classification of human rights varies among legal scholars, and some are considered multifaceted.

  • From the understanding that the petition right has traditionally been the right to seek acceptance of the petitionState claim rightAlthough it has been categorized as (beneficiary right), it is understood that modern petition has a sufficiency function because the importance of directly transmitting the will to the parliament and the government is emphasized.[36].. There is a theory that categorizes petition as suffrage, but petition is not a right to participate in decision-making of the state, so it may be regarded as supplementary suffrage different from typical suffrage.[37].
  • In the case of the rights stipulated in the Japanese Constitution, the theory is generallyArticle 25 of the Constitution of Japan(Right to live),Article 26 of the Constitution of Japan(Right of education),Article 27 of the Constitution of Japan(Labor right),Article 28 of the Constitution of JapanThe rights stipulated in (Basic Labor Rights) are collectively categorized as "social rights"[38].. However, the right to live may be classified as a "social state claim for state affairs".[39].

Sakae AzumaIn the "New Constitution and Basic Human Rights" (1948), etc., basic human rights are roughly divided into "free right basic rights" and "survival right basic rights". Regarding the content of human rights, the former is called "freedom". The latter has a color tone of "survival" while the latter has a color tone of "survival", and the method of guarantee is that the former is "passive regulation and restriction of national power", while the latter is "national power". "Active involvement and consideration" was the basis of the popular view[40].

However, it has been pointed out that social rights and liberal rights are two distinct and distinct rights, and whether the active involvement of the state in social rights is a prerequisite.[40].. The issue of liberal rights such as the right to receive education and freedom of education, basic labor right and freedom of solidarity has been recognized, and new human rights (learning rights, environmental rights, etc.) that are strongly asserted by the demands of the times Behind the fact that it has a feature that spans both free and social rights[40].

In modern times, the weight of "active rights" and "welfare rights" has increased significantly,International human rights agreementHowever, there is a tendency to think about the issue of human rights in the context of concrete human beings, such as the A rule for social rights and then the B rule for free rights. The distinction between "social rights" or "passive rights" and "active rights" is becoming less conscious[11](International Covenant on Civil and Political Rights(Freedom Terms)Equality under the law,Right to lifeIs also guaranteed). Although there are some theories that abandon the distinction between social rights and free rights, it is common to say that the distinction between social rights and free rights is relative and that they have mutual relevance after recognizing their usefulness. Has become[41].

Human rights

Program rules

The Weimar Constitution of Germany in 1919 was a strong statement of socio-national thought, but it was considered that the Constitution was only a political declaration in Germany until the time when the Constitution was drafted. A political ideal freed from[39].. Therefore, in implementing the Constitution, in order for the court to have the effect as a law that is directly effective, the "law provisions" and "laws"Program rulesThere was no other than dividing into[42].

Following the World War II, the following three types of categories will appear in the constitutions of each country.[43].

Under the Japanese constitutionArticle 25 of the Constitution,Article 26 of the Constitution,Article 27 of the ConstitutionThere is a theory (program rule theory) that interprets the above as a program rule, but it is doubtful to easily characterize it as a program rule.[44].. In addition, for example, the program rule theory in Article 25 of the Japanese Constitution recognizes the legal effect as a judicial norm not only for the state regarding the liberal right side but also for private persons, and regarding the claim right side as well. I acknowledge that Article 25 provides a basis for the interpretation of subordinate laws[45][46].. Therefore, it is pointed out that it is not proper to use such a term because it is not a literal program definition, and it makes the discussion confusing and obscure the problem.[47].

Concrete and abstract rights

Regarding basic human rights with claimable characteristics, the problem of distinction between abstract rights and concrete rights arises[35].

For example, according to the theory that the right of Article 25 of the Constitution of Japan is regarded as an abstract right, when there is a law that embodies Article 25 of the Constitution, it asserts a violation of Article 25 of the Constitution in a lawsuit based on that law. Although it is possible to do so, it is not allowed to dispute the unconstitutionality of legislation or inaction of administrative power based on Article 25 of the Constitution[48].. On the other hand, according to the theory that it is a concrete right, even if there is no law that embodies Article 25 of the Constitution, it is possible to file a lawsuit to confirm the constitutional constitution against the inaction of the state.[48][49][50].

However, it is questionable to use the name "concrete" for things that remain in the lawsuit for confirming inaction by legislation, and "abstract" for those that may be disputed in court as a violation of Article 25 of the Constitution. Some point out that[51].

Institutional security

Institutional guarantees generally mean that the parliament is obliged to create and maintain a constitutional system, and is prohibited from violating the essential contents of that system.[52].. Institutional guarantees are not the basic human rights themselves of the individual because the direct coverage is the system itself, but institutional guarantees have the meaning of strengthening the guarantee of basic human rights.[52].

There are the following systems that can be regarded as institutional guarantees.

  • University autonomy
    Regarding the legal nature of university autonomy, institutional security theory is the most effective institutional guarantee to ensure academic freedom.[53].
  • Private property system
    The private property system is sometimes regarded as an institutional guarantee in connection with the guarantee of property rights.
    However, regarding Article 29, Paragraph 1 of the Japanese Constitution (guarantee of property rights), it is said that the intent is to allow only institutional guarantee of the private property system as an objective legal order.[54]Although there are some, it is understood that the majority theory guarantees individual property rights individually owned as well as institutional guarantee of private property system.[55].
  • Separation principle
    The separation of political and religious principles is regarded as an institutional guarantee in relation to religious freedom.[56].. However, there is a reluctant view that it is delicate to consider the principle of political separation as an institutional guarantee.[52].

Enjoyment of human rights

People

It is not necessary to explain that the people are the people who enjoy human rights.[57].. Nationality requirements are stipulated by constitutions and laws. The requirements of the people may be stipulated in the constitution or left to the law.

in Japan's case,Article 10 of the Constitution of JapanStipulates that "the requirements for being a Japanese citizen are stipulated by law."Nationality law(25 Law No. 147)[58].

In Japan, both the emperor and the royal family are included in the “nation” of Article 10 of the Constitution, but they are treated differently from the hereditary system and the symbolic status of the emperor (Toshiyoshi Miyazawa), and the symbolic status of the emperor. Although it is not included in the “nation” of Article 10 of the Constitution, the theory that a royal family is subject to certain changes as long as it is included in the “nation” of Article 10 of the Constitution and is related to succession to the throne (Masaki Ito), Theories are divided and uneven, such as the theory that both the Emperor and the Imperial Family are not included in the “nation” of Article 10 of the Constitution, with an emphasis on the hereditary system.[59].

2004,Crown Prince NaruhitoAt a press conferenceCrown Princess Princess MasakoThe so-calledPersonality denial statementWhen a debate aboutMiki NishioEtc.royalCommonly told byhuman rightsThere was a debate that there was no. The point is EmperorAnd the royal family is not "the general public"[60], That everyday life all has an official meaning,PoliciesNaturally, freedom is limited. Also, the term "human rights" is a "revolutionary term for the concept that the oppressed side seeks," and it is imperative (impossible) that the emperor or the royal family be oppressed.[61].. about thisNatural rightThere is a criticism that human rights as a human rights are not understood, but Nishio replied that he did not deny the human rights themselves, but limited them to the scope or scope of their application.[61].. About this theoryTakeyasu"For his denial of personality, he said, "The strong protest of the Crown Prince would have been to compare and consider the wide-ranging freedom of life of European royalty," but what kind of interview did he do? "Is it the result?", and the unwarranted criticism of the royal family who is not in the position to comment on the magazine article is "cowardice".[62].

Foreigner

From the pre-national nature of human rights, it is understood that the protection of human rights also extends to foreigners.[63].

In Japan, it is legally said that the provisions of Chapter XNUMX of the Japanese Constitution are “the rights and obligations of the people” as the title suggests. Theory that is understood to cover the guarantee of[64]And the theory that the pre-national nature of human rights, the international cooperation principle of the Constitution, and the purpose of the first sentence of Article 13 of the Constitution of Japan are understood to be the guarantee of basic human rights to foreigners.[63]There is.

However, even if a foreigner recognizes the independence of human rights, the legal status is not exactly the same as that of the people.[63].. For example, it is understood that, under the traditional principle of national sovereignty, the suffrage of national elections, which is responsible for diplomacy, national defense, monetary system, etc., is limited to the people themselves.[65].

Corporation

Regarding corporations, there are cases where the constitutional law stipulates that human rights are covered by the Constitution as in the Basic Law of the Federal Republic of Germany.[66].

Although there is no explicit provision in the Japanese Constitution, it is a well-established doctrine that rights can be extended to domestic corporations as far as possible due to the nature of the law. 45 Minshu Vol. 6 No. 24, 24)[67].

Due to their nature, corporations cannot be guaranteed, such as gender equality, freedom of conscience, and guarantee of marriage.[67].

Applicable areas of human rights

Special legal relationship

Citizens are generally subject to power control of the state (or local government), but apart from this, they may enter into special power control based on special legal causes.[68][69].. Such special power relations may be based on the consent of the person, such as a civil servant or a student or student of a national public school, or a detainee or a prisoner of a penal detention facility.[68][69].

It is a former public law theorySpecial power relation theoryIn such relations, the principle of legalism is excluded in such relations, the special power subject is granted comprehensive control, and those who submit to it can limit their rights and freedoms without the basis of law, It was said that the judicial review would not reach internal acts related to special powers.[70].. However, in the present age, such restrictions on human rights must also be reasonable and minimal, necessary for establishing and maintaining such special legal relations, and for the violation of rights and freedoms. It is understood that a judicial review must be reached[71].

Civil servant relationship

Supervision

It is said that the level of human rights awareness of a country can be understood by looking at the treatment of prisons such as prisons isolated from the outside.[72].. In Japan,International human rights agreementInstalled underUnited Nations Commission on Human RightsInSubstitute prisonThe problem was pointed out. The Human Rights Commission1998In the examination of the 4th Japanese Government Report, it is recommended that the substitute prison be abolished.

Constitutional personality

Originally, the constitutional guarantee of basic human rights is to protect the freedom of the people from the infringement by the states in the relation between the states and the people.[73].. As a general rule, interpersonal problems were entrusted to the principle of private autonomy, and it was thought that legislative measures should be taken to address any problems.[73].

There are some constitutions that clearly indicate the application to a private person, and those that do not have a manifestation, but which have a property that the validity of a private person is prescribed.[73].. In the case of the Constitution of Japan, it is understood that Article 15, Clause 4, Article 16, Article 18, Article 27, Clause 3, Article 28, etc. are applied by private persons.[73].

If it is not such a provision, then there will be a problem with regard to the effectiveness of personal use.

  • Direct application (efficacy) theory
    ConstitutionSince the effect of the human rights defined in the clause applies regardless of whether it is public or private, the theory that the constitution can be applied directly to a person.
    There is a criticism of the direct application theory that, if such a way of thinking is carried out by private persons, "basic human rights" will become moral or legal obligations rather than rights.[74].
  • Indirect application (efficacy) theory
    The constitution is applied directly with some exceptions.Public authorityIt is the relationship between and the private person, but in the interpretation under the private law, the theory that attempts to guarantee the human rights in the private human being by taking into account the purpose of the human rights guarantee of the Constitution.
  • Non-application (efficacy) theory
    With the exception of some exceptions, the constitution is directly applied to the relationship between public power and private persons, and the theory that the human rights provisions of the Constitution have no effect on personal relationships.
    There is a criticism against the non-applied theory that "basic human rights" are irrelevant to private human beings and are mechanically divided in order to ignore the actual conditions of modern society.[74].

in Japan,Mitsubishi resin caseThe Supreme Court, concerning Article 19 of the Constitution and Article 14 of the Constitution, said, "Similar to the provisions of guarantees for other basic rights of liberty, the purpose of guaranteeing the basic freedom and equality of individuals against the governing actions of the state or public bodies. ``, but it does not intend to directly regulate the relationship between private individuals, but exclusively regulates the relationship between the state or public organizations and individuals.'' By properly operating Articles 48 and 12 of the Civil Code, which are general restrictions, and various provisions relating to illegal acts, while respecting the principle of private autonomy on one side, infringement exceeding the limit of social acceptability on the other side On the other hand, there is also a way to protect the interests of basic freedom and equality, and to make appropriate adjustments during that period" (Maximum Court Dec. 12, Dec. 27, Minshu Vol. 11 No. 1536, page XNUMX). This case is considered to be an indirect application theory. However, there is also the view that it is a virtually non-applying theoretical idea.[69].

Limit of human rights guarantee

Human rights should be respected in principle, but in actual life, human rights are always limited. For example, in an apartment complex, there is no right to sing loudly or stomp. Also, there is no right to leave the classroom during class without the permission of the teacher. Alternatively, when a crime is committed, physical freedom may be deprived (arrested). Human rights are subject to certain restrictions, at least from the perspective of mutual adjustment of human rights.[52].

In modern constitutionalism, the limit of human rights is recognized by law, but the issue is how to consider the possibility of human rights violations by law.[52].

In the past, the final decision was entrusted to the Parliament, and the constitution generally took the form of guaranteeing the rights "within the scope of the law."[75].. However, this method renders human rights protection fruitless depending on the way the parliament should be.[57].

On the other hand, in addition to the United States Constitution, the Constitution of Japan and the Basic Law of the Federal Republic of Germany, which were enacted after the Second World War, have adopted a guarantee that includes parts that cannot be infringed even by the legislative department.[76].. Even in this case, the exercise of private rights and private activities are not absolute and unrestricted, and can be subject to legislative restrictions, but if it exceeds a certain limit, it will be judged as unconstitutional. Become[77]

Japan

Imperial Japanese Constitution (Meiji Constitution)

Imperial Japanese Constitution(Meiji Constitution) is the first constitutional constitution in Japan[21].. It is modeled on the Prussian Constitution of 1850, but its rights were of a strong beneficiary nature and its guarantees were only permitted within the scope of the law.[78].. Therefore, these rights could be restricted almost freely by legislative powers.[79](Unified external constraint type).

The Constitution of Japan

Article 11 of the Constitution of Japan"The people are not prevented from enjoying all the basic human rights. The basic human rights guaranteed by this Constitution to the people are given to present and future people as a permanent right that cannot be violated." ,AlsoArticle 97 of the Constitution of Japan"The basic human rights that the Constitution guarantees to the Japanese people are the result of many years of humanity's efforts to gain freedom, and these rights have struck the past many trials and invaded the present and future people. It is entrusted as a permanent right that cannot be achieved.” These provisions are considered to be based on the idea of ​​natural rights.[80].

The United States of America

Initially,United States ConstitutionLacked the provisions of the Bill of Rights[81].. It is believed that the United States Government is a "restricted government" that has only the powers listed and that it is not necessary to have a bill of rights, and that it is contrary to the idea of ​​"restricted government." Because it was[81].. The basic idea was that human rights should be secured by the constitutions and bills of rights of each state.[81].. However, radicals argued that the Bill of Rights should be added to the federal constitution, and after the ratification procedure of each state, 1791 amendments were added in 10.[81].

France

The natural law thought that resulted in AmericaDeclaration of human and civil rights(French Declaration of Human Rights, 1789)[19].. Human rights thought shows further rise1793 ConstitutionReached[20]. But,1795 ConstitutionThen, as the provisions of rights decrease and the provisions of obligations increase, the idea of ​​human rights will start to retreat significantly.[20].1799 ConstitutionThen the human rights declaration itself was not put in the constitution[20].1814 Kin ConstitutionThen, the rights of the people were limited to equality under the law and personal liberty, and qualitatively changed from natural to beneficiary rights conferred by the king.[20].1830 ConstitutionBut the philanthropic human rights thought never revived[82].

In France, such an idea was revived after World War II.Fourth Republic Constitution(1946) and reaffirms the guarantee of rights and freedoms in the 1789 Declaration of Human Rights in the preamble.[21].Fifth Republic Constitution(1958) also declares respect for the rights guaranteed by the 1789 Declaration of Human Rights in the preamble.[21].

Germany

FrenchFebruary RevolutionSpread to Germany,Frankfurt constitutionWas an epoch-making constitution that guaranteed many rights and freedoms as "German basic rights", but the nature of pre-national human rights as seen in the 18th century is not seen.[21](Frankfurt Constitution has not yet entered into force). The Prussia Constitution of 1850 also included a number of rights provisions, but those rights and freedoms were only granted within the law, not by nature, and remained unchanged in the Weimar Constitution.[21].. In 1949, the idea of ​​natural human rights appeared in Germany as a guarantee that cannot be restricted by law.Federal Law of the Federal Republic of Germany(Bonn Basic Law)[21].

footnote

[How to use footnotes]

注 釈

Source

  1. ^ a b Britannica Japan Co., Ltd. 2018a, p. "Basic human rights".
  2. ^ Suzuki 1997, p. 94.
  3. ^ a b c Heibonsha 2018, p. "Basic human rights".
  4. ^ Britannica Japan Co., Ltd. 2018b, p. "International Human Rights Law".
  5. ^ Tanaka 2018, p. "Liberalism".
  6. ^ a b c d e f g Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.176.ISBN 4-417-00936-8.
  7. ^ a b "Iwanami Encyclopedia of Philosophy and Thought" Iwanami Shoten 1998 p.813 Youichi Higuchi Writing "human rights"
  8. ^ "Thus, the understanding of <human rights> is not uniform, but it is common in that it is more or less based on modern Western individualist ideas," explained Yoichi Higuchi.In governments that do not respect human rights, in Arabs, Africa, Asia, etc.cultureMay be repulsed as a difference. However, generally speaking, the position of defending the universality of human rights values ​​is gaining consensus in Europe and the United States while respecting cultural pluralism. ("Iwanami Encyclopedia of Philosophy" Iwanami Shoten 1998 p.813 Youichi Higuchi (Writing "human rights")
  9. ^ a b c d Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 69.ISBN 4-641-11278-9.
  10. ^ Kojien Fifth Edition
  11. ^ a b c Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.177.ISBN 4-417-00936-8.
  12. ^ a b c Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 71.ISBN 978-4-641-11278-0.
  13. ^ Toshiyoshi Miyazawa, Nobuyoshi Abe, "The Constitution of All Japan," Nihon Hyoronsha, 1978, pp. 195-196.
  14. ^ a b c Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 3.ISBN 4-842-04047-5.
  15. ^ Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, pp. 3-4.ISBN 4-842-04047-5.
  16. ^ a b c d Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 4.ISBN 4-842-04047-5.
  17. ^ Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, pp. 4-5.ISBN 4-842-04047-5.
  18. ^ a b c Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 5.ISBN 4-842-04047-5.
  19. ^ a b c Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 6.ISBN 4-842-04047-5.
  20. ^ a b c d e f Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 8.ISBN 4-842-04047-5.
  21. ^ a b c d e f g Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 9.ISBN 4-842-04047-5.
  22. ^ a b c Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 72.ISBN 978-4-641-11278-0.
  23. ^ a b c d Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 9.ISBN 4-842-04047-5.
  24. ^ a b Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 73.ISBN 978-4-641-11278-0.
  25. ^ Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 14.ISBN 4-842-04047-5.
  26. ^ Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 74.ISBN 978-4-641-11278-0.
  27. ^ a b Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 15.ISBN 4-842-04047-5.
  28. ^ a b c Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 16.ISBN 4-842-04047-5.
  29. ^ Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 17.ISBN 4-842-04047-5.
  30. ^ Amnesty International"List of individual reporting systems held by the United Nations Convention on Human Rights".
  31. ^ Yasuhiro Okudaira, "Transformation of Human Rights System and Content," "The Awanayo Furist," Vol. 638, Yuhikaku Publishing, 1977, pp. 243-244.
  32. ^ Toshiyoshi Miyazawa, Complete Works of Law (4) Constitution II New Edition, Yuhikaku, 1958, pp. 90-94.
  33. ^ a b Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I," Seibayashi Shoin, 1994, pp. 178-179.ISBN 4-417-00936-8.
  34. ^ a b c d e f Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.178.ISBN 4-417-00936-8.
  35. ^ a b Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.179.ISBN 4-417-00936-8.
  36. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1997, p.353.ISBN 4-417-00936-8.
  37. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1997, p.354.ISBN 4-417-00936-8.
  38. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (2) Constitution II", Seibayashi Shoin, 1997, p. 140.ISBN 4-417-01040-4.
  39. ^ a b Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 151.ISBN 978-4-641-11278-0.
  40. ^ a b c Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (2) Constitution II", Seibayashi Shoin, 1997, p. 141.ISBN 4-417-01040-4.
  41. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "A Complete Collection of Notes on Legal Studies (2) Constitution II", Seibayashi Shoin, 1997, 141-142.ISBN 4-417-01040-4.
  42. ^ Kazushi Kojima, Shin Tateishi, “Yuhikaku Sosho (9) Constitution Overview 7th Edition”, Yuhikaku, 2011, 151-152.ISBN 978-4-641-11278-0.
  43. ^ a b c d Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 152.ISBN 978-4-641-11278-0.
  44. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.180.ISBN 4-417-00936-8.
  45. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (2) Constitution II", Seibayashi Shoin, 1997, p. 143.ISBN 4-417-01040-4.
  46. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (2) Constitution II", Seibayashi Shoin, 1997, p. 150.ISBN 4-417-01040-4.
  47. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "A Complete Collection of Notes on Legal Studies (2) Constitution II", Seibayashi Shoin, 1997, 150-151.ISBN 4-417-01040-4.
  48. ^ a b Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (2) Constitution II", Seibayashi Shoin, 1997, p. 144.ISBN 4-417-01040-4.
  49. ^ Akira Osuga, "The Law of Social Rights," "Public Law Studies," Vol. 34, Yuhikaku Publishing, 1972, p. 119.
  50. ^ Akira Osuga, Theory of Survival, Nihon Hyoronsha, 1984, p. 71.
  51. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.231.ISBN 4-417-00936-8.
  52. ^ a b c d e Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.181.ISBN 4-417-00936-8.
  53. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (2) Constitution II", Seibayashi Shoin, 1997, p. 126.ISBN 4-417-01040-4.
  54. ^ Yoshimitsu Yanase, History of Human Rights, Meiji Shoin, 1949, pages 60-61.
  55. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (2) Constitution II", Seibayashi Shoin, 1997, p. 237.ISBN 4-417-01040-4.
  56. ^ Kimitoshi Hashimoto, Revised Japanese Constitution, Yuhikaku, 1988, p.233.
  57. ^ a b Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.182.ISBN 4-417-00936-8.
  58. ^ Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 75.ISBN 978-4-641-11278-0.
  59. ^ Toshihiko Nonaka, Kazuyuki Takahashi, Mutsuo Nakamura, Masaru Takami "Constitution" I, Yuhikaku, 2001, 3rd edition, pages 216-217.ISBN 4641128936.
  60. ^ ShintoTo be a believer,Imperial ruleTo get married/independentImperial meetingConsent is requiredFamily systemParentsInstitution exists.Voting rightOf course not
  61. ^ a b Nishio "Advice to the Crown Prince" Wack 2008 (ISBN 4898311245), "I would like to offer my advice to the Crown Prince."WiLL』May-August 2008
  62. ^ "WiLL』May 2008 issue
  63. ^ a b c Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.185.ISBN 4-417-00936-8.
  64. ^ Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 77.ISBN 978-4-641-11278-0.
  65. ^ Toshihiko Nonaka, Kazuyuki Takahashi, Mutsuo Nakamura, Masaru Takami "Constitution" I, Yuhikaku, 2001, 3rd edition, page 211.ISBN 4641128936.
  66. ^ Kazushi Kojima, Shin Tateishi, “Yuhikaku Sosho (9) Constitution Overview 7th Edition”, Yuhikaku, 2011, 78-79.ISBN 978-4-641-11278-0.
  67. ^ a b Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 79.ISBN 978-4-641-11278-0.
  68. ^ a b Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 81.ISBN 978-4-641-11278-0.
  69. ^ a b c Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.193.ISBN 4-417-00936-8.
  70. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I," Seibayashi Shoin, 1994, pp. 193-194.ISBN 4-417-00936-8.
  71. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.194.ISBN 4-417-00936-8.
  72. ^ "My school was in prison!" "Actual! Musho's book... Our prison experience was punished"Treasure IslandSeparate Treasure Island> (Original work August 1992, 8), first edition, p. 24.ISBN 9784796691611.2009/11/27Browse.
  73. ^ a b c d Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.191.ISBN 4-417-00936-8.
  74. ^ a b Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I", Seibayashi Shoin, 1994, p.192.ISBN 4-417-00936-8.
  75. ^ Yoichi Higuchi, Koji Sato, Mutsuo Nakamura, Noriho Urabe, "Complete Notes on Legal Notes (1) Constitution I," Seibayashi Shoin, 1994, pp. 181-182.ISBN 4-417-00936-8.
  76. ^ Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 82.ISBN 978-4-641-11278-0.
  77. ^ Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 83.ISBN 978-4-641-11278-0.
  78. ^ Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, pp. 9-10.ISBN 4-842-04047-5.
  79. ^ Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 10.ISBN 4-842-04047-5.
  80. ^ Kajima Kojima, Makoto Tateishi, Yuhikaku Sosho (9) Constitution Overview 7th Edition, Yuhikaku, 2011, p. 70.ISBN 978-4-641-11278-0.
  81. ^ a b c d Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, page 7.ISBN 4-842-04047-5.
  82. ^ Hiroyuki Hata, Chiyuki Mizukami, "Introduction to International Human Rights Law, 4th Edition," Yushindo Kobunsha, 2006, pp. 8-9.ISBN 4-842-04047-5.

References

  • Britannica Japan Co., Ltd. "Basic Human Rights"Britannica International Encyclopedia Small Item Encyclopedia] Britannica Japan Co., Ltd.Asahi Shimbun-VOYAGE GROUP, 2018a.
  • Britannica Japan Co., Ltd. "International Human Rights Law"Britannica International Encyclopedia Small Item Encyclopedia] Britannica Japan Co., Ltd., Asahi Shimbun, VOYAGE GROUP, 2018b.
  • 平凡 社"Basic human rights"Encyclopedia mypedia] Heibonsha, Asahi Shimbun, VOYAGE GROUP, 2018.
  • Tanaka, Hiroshi"Liberalism" "The complete encyclopedia of Japan (Nipponika)"Shogakukan・Asahi Shimbun, VOYAGE GROUP, 2018.
  • Suzuki, Tsuyoshi, "Historical Development of Human Rights Concepts and Issues in Human Rights Education," Aichi University of Education, Center for Subject Education, Vol. 21, Aichi University of Education, Center for Subject Education, 1997, pp. 93-99, NOT 110000099759.
  • "Amnesty Report, Human Rights in the World", editorial department, "Human Rights in the World 2010 Amnesty Report," Hyundai Humanities, 2010
  • “Human Rights Declaration” edited by Yakushaku Takagi, Miyoshi Suenobu and Toshiyoshi Miyazawa, Iwanami Shoten, 1957
  • Donnelly, J. 1985. The concept of human rights. New York: St Martin's Press.
  • Downing, T. and Kushner, G., eds. 1988. Human rights and anthropology. Cambridge, Mass .: Cultural Survival.
  • Dworkin, R. 1977. Taking rights seriously. Cambridge, Mass .: Harvard Univ. Press.
    • Ronald Dwokin, Takeshi Kinoshita, Ko Kobayashi, Yasushi Nosaka "Rights 1-2" Kiwakusha, 1986-2001, supplement 2003
  • Falk, R. 1981. Human rights and state sovereignty. New York: Holmes & Meier.
  • Galtung, J. 1977. Human needs as the focus of the social sciences. Oslo: Univ. Of Oslo Press.
  • Gonchavuk, M., ed 1979. Socialism and human rights Moscow:.. USSR Academy of Sciences.
  • Gutierrez, G. 1973. A theology of liberation. Maryknoll, NY: Orbis Books.
  • Pollis, A. and Schwab, P., eds. 1979. Human rights: Cultural and ideological perspectives. New York: Praeger.
  • Rawls, J. 1971. 1971. Theory of justice. Cambridge, Mass .: Harvard Univ. Press.
    • John Rawls, Translated by Koji Yajima "Justice Theory" Kinokuniya Bookstore, 1979
  • Shue, H. 1980. Basic right: Subsistence, affluence and US foreign policy Princeton:.. Princeton Univ Press.

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