In this paper, I discuss the relationship between “liberal paternalism” and fundamental human rights in the Japanese Constitution. A current constitutional theory regards the promotion of public welfare as a ground to justify the limitation of individual rights, and some scholars think that “ｐaternalism” serves as a limiting principle to individual rights.\nTo criticize the misapplication of “ｐaternalism” to the constitutional theory, I investigate the concepts of “liberal paternalism” and fundamental human righs in Japanese Constitution. Firstly, I maintain that the central idea of “liberal paternalism” lies in respecting “personal integrity” Secondly, I discuss the natural right theory, and show that fundamental human rights in Japanese Constitution are legal rights secured by the state, and not natural ones.
基本的人権とパターナリズム(1)
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