No.22 2001 11 Abstract The usage of the term social welfare started after the World War II in Japan, in article 25 of the Constitution enacted in 1946. The term appeared while the Diet was debating on the bill of the Constitution based on GHQ s draft. The purpose of this paper is to clarify the implication of the term in the Constitution by analysis on the process the Diet and others debated on the bill. As the result of this study, it is clear that the term of social welfare in the Constitution doesn t mean concrete policies but an aim of policies. It is a new concept of an aim to make policies under the control of the Welfare Ministry. 25 1946 25 1) 2) 25-35 -
3) 25 25 social security 1935 Social Security Law Economic Security Law 4) 5) 25 25-36 -
No.22 2001 11 25 GHQ GHQ 25 2 I GHQ 1 GHQ SCAP GHQ GHQ - 37 -
1945 10 1946 2 GHQ GHQ GHQ GHQ 7 1 2 GHQ GHQ 3 GHQ GHQ GHQ GHQ GHQ 4 5 6 90 10 11 3 1947 5 3 GHQ GHQ 2 GHQ GHQ - 38 -
No.22 2001 11 6 ) 25 3 GHQ (1) GHQ 1 2 25 freedom justice social welfare social welfare Article In all spheres of life laws shall be designed for the promotion and extension of social welfare, and of freedom, justice and democracy. All laws, which restrict or tend to destroy the welfare of the people shall be repealed and replaced by others which promote it. To the end the Diet shall enact legislation which shall: Establish and maintain free, universal and compulsory education, based on ascertained truth; Prohibit the exploitation of children; Promote the public health; Provide social security; Fix proper standards for working conditions, wages and hours and establish the right of workers to organize and to bargain collectively, and to strike Protect and aid expectant and nursing mothers, promote infant and child welfare, and establish just rights for illegitimate and adopted children, and for the underprivileged; - 39 -
Protect intellectual labor and the rights of authors, artists, scientists, and inventors whether native or foreign. 7) 1 social welfare social welfare the welfare of its people GHQ 8) 9) 10) - 40 -
No.22 2001 11 GHQ 11) In all spheres of life laws shall be designed only for the promotion and extension of social welfare, and of freedom, justice and democracy. 12) only 13) GHQ GHQ Article XXIV. In all spheres of life, laws shall be designed for promotion and extension of social welfare, and of freedom, justice and democracy. Free, universal and compulsory education shall be established. The exploitation of children shall be prohibited. The public health shall be promoted. Social security shall be provided. Standards for working conditions, wages and hours shall be fixed. (2) welfare freedom justice social welfare social welfare welfare social welfare welfare public welfare the common welfare the general welfare the welfare of the people the welfare of its people 14) welfare social welfare - 41 -
the common welfare the general welfare 12 13 the common welfare the general welfare 22 12 13 12 Article The freedoms, rights and opportunities provided by this Constitution are maintained by the cooperation of the people. They involve a corresponding obligation on the part of the people to prevent their abuse and to employ them always for the common welfare. 15) 12 12 13 Article The feudal system of Japan shall cease. All Japanese by virtue of their humanity shall be respected as individuals. Their right to life, liberty and the pursuit of happiness within the limits of the general welfare shall be the supreme consideration of all law and of all governmental action. 16) - 42 -
No.22 2001 11 13 13 public welfare No future Constitution, laws or ordinance shall limit or cancel the rights guaranteed in this Constitution, or subordinate public welfare and democracy to any other consideration 17) public welfare social welfare social welfare the promotion and extension of social welfare, and of freedom, justice and democracy welfare social welfare public welfare the common welfare the general welfare social welfare the welfare of the people social welfare welfare II 1 social welfare GHQ social welfare GHQ social welfare - 43 -
social welfare public health a complete system of social welfare a complete system of social welfare social welfare public health 18) social welfare a complete system of social welfare social welfare social security social work social welfare a system of social welfare social welfare 2 GHQ 25 23 23 GHQ Article XXIV GHQ 19) 23 GHQ social welfare 20) - 44 -
No.22 2001 11 1946 3 6 23 1946 4 17 23 3 90 23 25 2 1 (1) 12 13 21) 22) 23) - 45 -
24) 25) 26) 27) 28) GHQ 29) (2) social security 30) 31) 32) - 46 -
No.22 2001 11 33) 34) 23 35) III 25 GHQ social welfare social welfare GHQ GHQ social welfare social welfare GHQ social welfare social welfare social welfare GHQ social welfare social welfare social welfare - 47 -
social welfare social welfare social welfare 25 25 25 25 36) 25 25-48 -
No.22 2001 11 2000 p.6. 1982 p.10. 1989 p.6. 1989 pp.3-5. 1993 p.50 53 1945-2000 2000 pp.144-145. 1972 pp.223-225. 1972 pp.204-207. 1972 pp.206-207. 1972 pp.206-207. 1972 pp.206-207. 1972 pp.208-209. 1972 pp.195-235. 1972 1972 pp.216-218. 1972 pp.217-219. 1972 pp.196-197. social welfare p.205 social welfare GHQ 90 15 1946 7 17 p.279 90 6 1946 7 5 p.79. p.79. p.79. P.79 90 15 1946 7 17 P.279. P.279. P.279. p.280. p.280. 90 15 1946 7 17 p.280. 90 15 1946 7 17 p.279. p.280. p.280. 90 15 1946 7 17 pp.276-277. 90 3 1946 7 2 p.28. 1989 p.3. - 49 -