The differences between Constitutional Right to Work and general Constitution Rights are, one may exclude illegal Public authority, especially when it comes to the violation of Constitutional Social Right, the Infringement may seek relieve through Public authority.
Under our Constitution Law system, Rights to Work are commonly considered as the Right to Survive and the Right to Work according to Constitutional Law Act 15. Therefore, the Right to Work grants the government to take the initiative actions to ensure people’s right. Seeing the Right to Work as a driving right in a subjective way can be controversial. Although viewing the true facts, the government may nguarantee zero percentage of unemployment; one may not over intervene the free market’s allocation toward Jobs. The Constitutional Law Act 152 claims that the government should at least provide job-tutorship’s opportunity, as a Constitutional commission. As the best suitable interpretation for the characters of the Constitutional Right to Work, Council of Grand Justice provides basis.
As for the three Labor Working Rights ; the Unity Right, the Negotiation Right and the Dispute Right are mainly discussed. The three Labor Rights listed as above will be discussed base on the Japanese Constitution Laws, since they are stated plaintext and are without law holdings. On the other hand, our Constitution supports the discussion of the three Labor rights with Constitutional Law Act 15 and 22, the Basic State policy, along with the Council of Grand Justice. Also, Labor Standards Act, Labor Union Act, Collective Agreement Act, Act for Settlement of Labor-Management Disputes are all laws involved with Labor Rights. All laws should obey the rule of proportionality under the Constitution. As a matter of fact, our Labor Rights are specifically stated in our laws.
In the following article, the basic values through our Constitution will be used to examine the problems which the Right to Work may face today in our society. To form specific and virtually indemnification; not only with the complete laws, but also in need with the co-working between the Legislation, Judicial and Administrative, one may truly seek to achieve its Constitutional Right to Work.
Keywords: Working Right, Right to Work, Labor Right, Constitutional authorization,
rules of proportionality, freedom of professions.