The Restrictions on Public Officials’ Political Activities in Japan
Chun-Pin Su* (pdf file)
Abstract
Japan's postwar Constitution guarantees people's freedoms of assembly, association and expression as well as their equal rights under the law. However, public officials’ political activities are severely restricted because of their special status. In particular, the Constitution regards them as the servants of the whole community. These limitations on public officials’ human rights have caused constitutional and legal debates. Some of the debates have been brought to court. Japan's courts, including the Supreme Court, have handed down many rulings on this issue. This paper focuses on the court's rulings and studies the debates about the restrictions on public officials’ political activities in Japan, by examining the legal restrictions on public officials’ political activities after World War Ⅱ. It then analyzes the courts’ rulings on this issue and the disputes arising therefrom. The paper also gives an account of the restrictions on local government officials’ political activities and ensuing disputes.
Keywords: public officials, court, Constitution, freedom of expression