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- Title
FREEDOM OF ECONOMIC ACTIVITIES AND THE RIGHT TO PROPERTY.
- Authors
NAKAMURA, MUTSUO
- Abstract
The article examines the basis and scope of the right of freedom of economic activities in the 1947 Japanese Constitution. The freedom to choose an occupation or conduct a business, to change one's residence, and to property are reported to be classified under economic activities. The application of the public welfare and negative and affirmative purpose tests as a means to decide constitutionality of statutes that restrict occupational freedom is discussed. As of 1990, the Supreme Court of Japan is reported to take a more active role on issues involving freedom of economic activity, such as in the cases of the Pharmaceutical Business Act and the Forest Act, but is more cautious in deciding on constitutional issues without national consensus.
- Subjects
JAPAN; CONSTITUTIONS; PROPERTY rights; ECONOMICS; PUBLIC welfare; APPELLATE courts; LEGISLATION
- Publication
Law & Contemporary Problems, 1990, Vol 53, Issue 1/2, p1
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191838