Human rights protection is the core value of contemporary constitutionalism, thus concepts based on human rights protection should be the very fundamental of constitutional jurisprudence. This paper is to properly interpret human rights protection concepts as regarding Japanese Constitution as the study body.
In Japanese Constitution, the Article 11 and Article 97 emphasize that "The fundamental human rights protected by this Constitution are the inviolable rights permanently" and, Article 12 and Article 13 illustrate that "who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.", "to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs" respectively. The Japanese constitutional jurisprudence academic, on the one hand, refers the rights protected by Japanese Constitution are "the natural rights" with permanent nature of inviolability. On the other hand, they believe fundamental human rights should be concurrent with the concepts of "public welfare". In case there would be conflicts between individual human rights should turn to comprehensive human rights system to coordinate the priority under different rights properties.
It has been consensus that “public welfare” should not be referred to the restriction against citizen human rights. The Article 13 of Japanese Constitution that, “to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs”, should neither be interpreted as the general background to confine citizen human rights by any “legitimacy and governance”. From the viewpoint of citizen human rights protection, “public welfare” should be the required principal whenever the execution of governance from the public authority, as the result, once the governance would cause the restriction against citizen human rights, the public authority should be fully obligated for the reasonable explanation.
By study of the human rights protection theory framework formed by the Japanese constitutional jurisprudence academic, especially on the theory of necessary restriction conditions, would be helpful to properly and comprehensively understand the whole theory system of human rights protection and related concepts.