Civil liberties, also called “freedom from the state,” are fundamental human rights that have been guaranteed for the longest time among human rights.
Basic Knowledge
Civil liberties are broadly classified into three categories.
① Freedom of the mind: freedom of thought and conscience (Article 19), freedom of religion (Article 20), freedom of assembly, association, and expression (Article 21), and academic freedom (Article 23).
② Physical freedom: freedom from slavery and forced labor (Article 18), guarantees of due process (Article 31), requirements for arrest and search (Articles 33–35), and prohibition of torture and cruel punishment (Article 36).
③ Freedom of economic activity: freedom of residence, movement, and occupational choice (Article 22), and guarantees of property rights (Article 29).
These rights are a fortress that protects individuals from the abuse of power.
Article 19 (freedom of thought and conscience)
Article 20 (freedom of religion and separation of religion and state)
Article 21 (freedom of assembly, association, and expression, and prohibition of censorship)
Article 22 (freedom of residence, movement, and occupational choice)
Article 29 (guarantees of property rights)
Article 31 (guarantees of due process = basis of the principle of legality)
Further Study (Background and Significance)
Civil liberties were a central idea of modern bourgeois revolutions and were won by overthrowing absolute monarchies and dictatorial governments. In Japan as well, because of the lessons learned from the severe suppression of thought and expression under laws such as the Peace Preservation Law before World War II, the postwar Constitution provides strong guarantees for these rights.
However, civil liberties are not unlimited and may be restricted for the sake of the public welfare. Examples include defamation (a limit on freedom of expression) and licensing requirements for physicians (a limit on freedom of occupational choice). Freedom of economic activity is considered subject to greater restrictions than other rights.
- Three categories of civil liberties = mental, physical, and economic freedom
- Freedom of the mind = Articles 19, 20, 21, and 23
- Physical freedom = Articles 18 and 31–39
- Freedom of economic activity = Articles 22 and 29
- Separation of religion and state = Article 20
- Basis of the principle of legality = Article 31
- Civil liberties may be restricted for the public welfare
Points to Note (Easily Confused)
① Distinguish freedom of the mind (thought, religion, and expression), physical freedom (freedom from arrest and detention), and freedom of economic activity (occupational choice and property rights). ② Freedom of religion is covered by Article 20, while academic freedom is covered by Article 23. ③ Separation of religion and state is part of freedom of religion (Article 20). ④ The principle of legality means that an act cannot be treated as a crime unless it is defined by law.
Practice
- Civil liberties are broadly classified into three categories. Name all three.
- Which article of the Constitution establishes separation of religion and state?
- Which article of the Constitution guarantees freedom of occupational choice?