Article 11

Definition

Article 11 is a provision in the Japanese Constitution that protects the fundamental human rights of individuals, emphasizing their inviolability and guaranteeing the right to pursue happiness. This article serves as a cornerstone for civil liberties in Japan, laying the groundwork for the protection of various rights, such as freedom of thought, conscience, and expression, while reflecting the post-war values of democracy and human dignity.

5 Must Know Facts For Your Next Test

1. Article 11 highlights that the rights defined in the Constitution are guaranteed to all individuals and cannot be infringed upon by the state.
2. It underscores the importance of individual happiness and self-determination, reflecting Japan's commitment to democratic principles post-World War II.
3. This article has been instrumental in shaping Japanese jurisprudence regarding civil liberties, serving as a reference point in legal cases involving human rights.
4. Article 11 is part of Chapter 3 of the Japanese Constitution, which deals specifically with 'Rights and Duties of the People'.
5. It emphasizes that while rights are guaranteed, there are responsibilities that individuals must uphold in a democratic society.

Review Questions

• How does Article 11 connect to the broader principles of democracy and individual rights in Japan?
  • Article 11 plays a critical role in embodying the principles of democracy by asserting that individuals have fundamental rights that must be protected. It establishes that these rights are inherent to all citizens, ensuring that the state respects and upholds them. This foundation reinforces the idea that democracy is not just about government structure but also about protecting individual freedoms and promoting personal happiness.
• Analyze how Article 11 has influenced legal cases in Japan regarding civil liberties.
  • Article 11 has significantly influenced various legal cases in Japan by providing a framework for interpreting civil liberties. Courts often reference this article when adjudicating issues related to freedom of expression, assembly, and other fundamental rights. Its inviolability principle ensures that any encroachment by the state on personal freedoms is carefully scrutinized, helping to shape a more robust protection of human rights within the legal system.
• Evaluate the impact of Article 11 on societal norms and values regarding human rights in Japan since its enactment.
  • Since its enactment, Article 11 has profoundly impacted societal norms and values surrounding human rights in Japan by fostering an environment where individual dignity is prioritized. The emphasis on personal happiness and freedoms has led to increased public awareness and advocacy for various civil liberties issues. Over time, this has contributed to a more vibrant civil society where citizens actively engage in protecting their rights and demanding accountability from their government.

Related terms

Fundamental Rights: Basic human rights that are recognized and protected by law, often considered essential for individual freedom and dignity.

Constitutionalism: The principle of limited government based on a constitution that protects individual rights and ensures the rule of law.

Human Dignity: The intrinsic value and worth of each individual, which is a key concept underlying human rights protections.