The basic rights guaranteed by the Constitution of Japan should be protected. Whether it is freedom, equality, property, etc., the important feature is that the object of protection is the state or public power. Fundamental rights are the core of Japan's Constitution. Since the object of Japan's constitutional regulations is Japan, Japan must become the protector of fundamental rights in accordance with the provisions of the Constitution. The country or government or public power system of the protector of the fundamental rights of the Japanese here refers to the parliament, cabinet, administrative departments, courts, and local public organizations.
Since it is the Constitution of Japan, non-Japanese foreign governments that are not governed by the constitution are excluded from this category. In addition, even if a private person has great power to rival the state, he cannot become a protector of fundamental rights. Although some commentators have suggested, can fundamental rights not restrict private individuals? This is the question of the theory of effectiveness among private individuals, but it must be noted that the opposite of the above question is, can the protector of fundamental rights assert that it is the state? In this sense, the private effect theory of fundamental rights is a special discussion.
This paper will focus on the principle and exception diagram (1), three-stage review: protection, limitation, justification (2), fundamental rights protection areas: meaning, delineation, competition (4), fundamental rights limitation (5), protection The relationship between domains and restrictions, and the justification of restrictions: legal restrictions and restrictions based on laws, mandated legislation, retention of regulations, clarity of regulations, public welfare, proportional measurement methods and purposes, means, and review of the principle of proportionality Icon (6). Finally, I put forward the conclusion: review benchmarks, review density and dual benchmarks.