2021年7月8日
Compensation or economic support for COVID-19 in the Constitution of Japan
I-Con, Mundo
- 開催年月日
- 2021年7月6日
- 記述言語
- 英語
- 会議種別
- 口頭発表(一般)
- 主催者
- International Society of Public Law(I-Con)-The Future of Public Law
- 開催地
- Mundo
his paper analyzes whether the government is obligated to compensate the business losses caused by the request for self-restraint order in Japan. Property right provision of the Constitution of Japan, requires specific damages for compensation. The Constitution believes that if burdens are widely and generally shared, then compensation should be shared among people, and compensation is unnecessary. If people change their minds about the fairness of compensating certain industries after discussing the nature of the special sacrifices, and if the perspective of society as a whole change, then parliament might create a provision to support the government in the Influenza Special Measure Act. This paper notes that compensation for property rights and financial support are two different issues. As a matter of policy, when the government supports the socio-economically vulnerable, it is not a matter of compensation for property rights, but a matter of social rights and a matter of policy.