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Life, Law & Liberty in Japan - IPBA 2012

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Ⅱ. Personal <strong>Liberty</strong>-Public WelfareThe Limitation of Human RightsConstitution, Article 12The freedoms and rights guaranteed to the people by thisConstitution shall be ma<strong>in</strong>ta<strong>in</strong>ed by the constantendeavor of the people, who shall refra<strong>in</strong> from anyabuse of these freedoms and rights and shall always beresponsible for utiliz<strong>in</strong>g them for the public welfare.• When contrary to the basic pr<strong>in</strong>ciple of public welfare,even the right to life is forfeited or legislative restricted(Judgment of Supreme Court, March 12, 1948).17

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