As a Negative Right, Article 25 Can Have a Positive Effect Combating Japan's Poverty

Authors

Amelia S. Kegan

Abstract

Article 25 of the Showa Constitution guarantees everyone in Japan a minimum standard of “wholesome and cultured living.” Contrary to the force originally envisioned by the Constitution’s framers, the Supreme Court of Japan has interpreted the provision as merely a programmatic declaration that guides the legislature rather than as an enforceable right under which an individual may sue. As a result, individuals cannot seek relief from the judiciary for Article 25 violations. The Supreme Court should recognize Article 25 also as a negative, concrete right, allowing individuals to seek judicial relief when the government fails to appropriately apply laws intended to promote the public’s ability to maintain a “minimum standard of living.”

First Page

735

Recommended Citation

Amelia S. Kegan, Comment, As a Negative Right, Article 25 Can Have a Positive Effect Combating Japan's Poverty, 17 Pac. Rim L & Pol'y J. 735 (2008).
Available at: https://digitalcommons.law.uw.edu/wilj/vol17/iss3/7