Life, Law & Liberty in Japan - IPBA 2012

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Ⅱ. Personal Liberty-Public WelfareJudicial Precedents•Even the freedom of expression is not guaranteedinfinitely, it must be limited for the benefit of other interestsby reasonable and unavoidable restrictions (Judgment ofSupreme Court, March 16, 1993).•Freedom of expression and freedom of conscience,require stronger guarantees than economic rights.It is unavoidable that the exercise of freedoms orrights brings people into conflict with the interestsof others, and that under certain circumstances theserights and freedoms may have to be restricted.18
Ⅲ. To Protect Personal Liberty1. Rule of Law Rule of Man(1) Respect for the Basic human rights(2) Due process of law(3) The constitution is the supreme lawThis Constitution shall be the supreme law of the nation and nolaw, ordinance, imperial rescript or other act of government, orpart thereof, contrary to the provisions hereof, shall have legalforce or validity(Constitution, Article 98).(4) Respect for the judiciaryThe Supreme Court is the court of last resort with power todetermine the constitutionality of any law, order, regulation orofficial act(Constitution, Article 81).19
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