著者

吉本 多栄子 Taeko YOSHIMOTO

雑誌

神戸女学院大学論集 = KOBE COLLEGE STUDIES

巻号頁・発行日

vol.49, no.1, pp.113-123, 2002-07-20

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This paper examines the Japanese Supreme Court decision: Kadokichi Co., v. Hiroshima, 29-4 MINSHU 572, (Sup. Ct., April 30, 1975) regarding restricting locations of phamacies. The case the court decision was made based on the dichotomy of positive purpose and passive purpose theories. This paper discussed about the government regulations on the right to choose one's own occupation and the right to own property. These are two of the most fundamental human rights. The logics and reasoning of restrictions on economic freedom is also reviewed in this paper.