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The "Three Principles" of World Aspergers' Organization

Three Principles

(1)以資爲本(Capitalism)

(2)以民爲主(Democracy)

(3)遵法守規(Law and Rule)


The phrase "以資爲本" means to support the capitalist system and strive for economic success, "以民爲主" means to support and utilize democracy, and "遵法守規" means to abide by the laws and regulations.


The Three Principles are the operating norms of our organization, and our members are expected to act as law-abiding supporters of capitalism and democracy too.


Persons who deviate from the three principles, such as communists, fascists, national socialists, totalitarists, despotists, dictatorists, criminals and outlaws, are not allowed to join the World Aspergers’ Organization.


Furthermore, it is forbidden to abuse the member sovereignty for the purpose of undermining capitalism and democracy.




以資爲本 (Capitalism)


The term "capitalism" generally refers to an economic system based on private ownership of the means of production and their operation for profit. Its central features include a system of private property, individual property rights, free competitive markets, and free labor markets.


The modern democratic system was born out of the process of the growing capitalist class demanding civil rights, including the right to property. For this reason, economic freedoms are the precondition for modern civil rights, and the two are fundamentally inseparable. For instance, in the Eastern developmental dictatorships, capitalist economic growth brought a remarkable expansion of civil liberties and rights, and often led to democratization. On the other hand, in all of the nations of the Eastern bloc that abolished economic freedom in the name of communist theory, all democratic institutions immediately collapsed and human rights were suspended.


Of course, the right to economic freedom is essential for the future prosperity of Asperger's, and we must avoid a situation where our company is taken over by anti-capitalists.



以民爲主(Democracy)


Democracy is a system of government in which the individual members of the society possess the sovereignty to govern by themselves.


Democracy is often equated with majority rule, but in order to function properly, in addition to the principle of majority rule, it is essential to guarantee basic human rights such as the right to economic freedom, the rule of law, a fair election system, and separation of powers.


Definition


Modern capitalism and democracy are not ideologically or theoretically based, but have succeeded as a result of historical progress and the process of a trial-and-error approach. As such, they are extremely complex and diverse, vary from country to country, and also evolve over time, making it difficult to define them purely theoretically.


When considering what capitalism and democracy are, instead of using theories to define them, use as a standard the reality of existing countries which are widely recognized to be democratic and capitalist. Democratic capitalism is the culmination of the various institutions that are believed to make up capitalist economies and democratic politics in countries like Japan and others.


The following is an explanation of the characteristics of real-world democracy and capitalism, using Japan as an example of a typical democratic capitalist country.



Capitalism in Japan

Japan is a constitutionalist country, and the Japanese Constitution is a capitalist (bourgeois) constitution.

In general, capitalist constitutions are based on the central principles of sovereignty of the people, division of power, and guarantees of human rights such as the right to liberty. Especially, the guarantee of the right to economic freedom, including the right to property, is of great significance.


Articles 22 and 29 of the Constitution of Japan guarantee the right to economic freedom as follows



第二十二条(居住・移転の自由、職業選択の自由・営業の自由)

 第1項 何人も、公共の福祉に反しない限り、居住、移転及び職業選択の自由を有する。

 第2項 何人も、外国に移住し、又は国籍を離脱する自由を侵されない。


Article 22. (Freedom of movement, freedom to choose occupation, freedom of establishment)

  1. Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare.

  2. Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.


第二十九条(財産権)

 第1項 財産権は、これを侵してはならない。

 第2項 財産権の内容は、公共の福祉に適合するやうに、法律でこれを定める。

 第3項 私有財産は、正当な補償の下に、これを公共のために用ひることができる。


Article 29. (Property right)

  1. The right to own or to hold property is inviolable.

  2. Property rights shall be defined by law, in conformity with the public welfare.

  3. Private property may be taken for public use upon just compensation therefor.




Democracy in Japan


According to the 2021 Democracy Index published by the United Kingdom’s Economist Intelligence Unit , Japan ranks 17th out of 167 countries with a score of 8.15. It is one of the 20 fully democratic countries of the world.

Japan has also received high scores in the Kingdom of Sweden’s V-Dem and the United States’ Freedom-Score (both internationally renowned ranking of democracies).

Based on the above, Japan is assumed to satisfy our criteria of democracy as an "existing country that is widely recognized as democratic and capitalist".


The constitutional provisions that constitute democracy in Japan are as follows:



Basic Human Rights

  • The Right to Equality

    • 法の下の平等(14条)Equality under the law (Article 14)

    • 人種、信条、性別、社会的身分または門地の平等(24条)Equality of race, creed, sex, social status or family origin

  • 自由権

    • 精神の自由Freedom of Spirit

      • 思想・良心の自由(19条)Freedom of thought and conscience (Article 19.)

      • 信教の自由(20条)Freedom of religion (Article 20.)

      • 集会・結社・表現の自由(21条)Freedom of assembly and association as well as speech, press and all other forms of expression (Article 21.)

      • 学問の自由(23条)Academic freedom (Article 23w.)

    • 人身の自由

      • 奴隷の禁止(18条) Prohibition of slavery (Article 18)

      • 罪刑法定主義(31条) Nulla Poena Sine Lege / No Punishment Without Law (Article 31)

      • 令状による逮捕(33条)Arrest only with a warrant (Article 33)

      • 抑留・拘禁の禁止(34条)Prohibition of detention (Article 34)

      • 令状による捜査(35条)Prohibiton of search without warrant (Article 35)

      • 自白強要の禁止(38条)Ban of forcing a confession (Article 38)

      • 拷問・残虐な刑罰の禁止(36条)The infliction of torture by any public officer and cruel punishments are absolutely forbidden.(Article 36)

      • 被告人の身分保障(37条)In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal. (Article 37)

      • 遡及処罰の禁止(39条)prohibition of ex post facto law (Article 39)

      • 一事不再理(39条)ne bis in idem, prohibition against double jeopardy (Article 39)

    • 経済の自由

      • 居住・移転・職業選択の自由(22条)Freedom of movement, freedom to choose occupation, freedom of establishment (Article 22)

      • 財産権(29条)Property right (Article 29)

    • 社会権

      • 生存権(25条) The right to maintain the minimum standards of wholesome and cultured living. (Article 25)

      • 教育を受ける権利(26条)The right to receive education (Article 26)

      • 労働基本権 Basic labor rights,

        • 勤労の権利(27条) Right to work (Article 27)

        • 労働三権(28条)Labor's three major rights (Article 28)

          • 団結権 The right to organize

          • 団体交渉権 The right to collective bargaining

          • 団体行動権 The right to organize and bargain collectively.

    • 請求権 The right to claim

      • 請願権(16条)The right to petition (Article 16)

      • 国家賠償請求権(17条)The right to claim on national compensation (Article 17)

      • 裁判を受ける権利(32条) The right to a fair trial (Article 32)

      • 刑事補償請求権(40条) The right to claim for criminal compensation (Article 40)

    • 参政権 Suffrage

      • 選挙権(15条) The right to vote (Article 15)

      • 被選挙権(14条、44条) The eligibility for election (Article 14 and 44)

      • 直接民主制 Direct democratic institutions

        • 最高裁判所裁判官の国民審査(79条) The People's Examination of the Supreme Court Judges (Article 79)

        • 地方自治特別法の制定(95条)A special law, applicable only to one local public entity, cannot be enacted by the Diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law. (Article 95)

        • 憲法改正(96条)Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.

Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution. (Article 96)


For democracy to function, nationals must be able to pursue their basic rights and freedoms regardless of ethnicity, sex, religion, political affiliation, or social status.

The majority should never take away the fundamental rights and freedoms of the minority. The rights and freedoms listed above are intended to balance the principle of majority rule and the guarantee of fundamental human rights.


法の支配Rule of law

  • 国民の個人としての尊重(13条)All of the people shall be respected as individuals.(Article 13)

  • 基本的人権の永久・不可侵性を確認(11条、97条) the permanent inviolability of basic human rights (Article 11 and 97)

  • 憲法の最高法規性の確認(98条)Constitution as the supreme law (Article 98)

  • 公務員の憲法尊重擁護義務(99条) Public officials have the obligation to respect and uphold this Constitution. (Article 99)

  • 適正手続の保障(31条) Protection of due process of law (Article 31)

  • 司法権の独立(76条〜82条) Judicial independence (Article 76 to 82)

  • 裁判所の違憲立法審査権(81条) The Supreme Court's power to determine the constitutionality of a law (Article 81)


The constitutionalism limits and prevents the abuse of state power through the Constitution, and is closely related to the principle of "rule of law".

The "rule of law" is intended to protect the fundamental human rights of the people by eliminating arbitrary control of state power (rule by man) and binding power by law.


The Separation of Powers

  • Separation of Legislative Power (Article 41)

  • Separation of Executive Power (Article 65)

  • Separation of Judicial Power (Article 76)



Lastly


Our Organization and its members are expected to support law, democracy and capitalism.

For us, capitalism and democracy are defined by the realities of countries that are widely considered to be democratic and capitalist.


The ideal of capitalism and democracy that our organization and its members aim for cannot deviate drastically from the reality of existing capitalist democracies.



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