2013 Fiscal Year Final Research Report
Constitutional Welfare Rights, Legislative Discretion, and a Principle of Non-Regression
| Project/Area Number |
24730025
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Public law
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| Research Institution | Tohoku Gakuin University |
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Principal Investigator |
KASAI Mayuko 東北学院大学, 法学部, 准教授 (90433862)
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| Project Period (FY) |
2012-04-01 – 2014-03-31
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| Keywords | 生存権 / 制度後退禁止原則 / 立法裁量 / 憲法 |
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| Research Abstract |
This study aims to clarify what restraints should be regulated through a principle of non-regression for legislative discretion regarding the right to live. In pursuit of this objective, this study concludes as follows: Supplementary provisions to the Social Security (Welfare) Law establish that the law shall be reviewed in the future. Considering this fact, this study points to an assumption that provisions that pass through at least three opportunities for revision (i.e., multiple national Lower and Upper House elections over the course of up to 15 years) exceed the position of simple legalities and attain a position within the range of a principle of non-regression. In addition, the fact that the minimum level of support is being offered through the social security system shows that to abolish or regress that system through legislation would not be permitted under Article 25 of the Constitution.
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