Postwar Japan and the Constitutional Mindset of “The State Is Always at Fault.”
In postwar Japan, the constitutional mindset that “the state is always at fault” has strongly influenced media narratives and legal practices. Using examples such as pharmaceutical reporting, state compensation lawsuits, and asbestos litigation, this section examines the historical background and implications of this perspective.
However, in Japan, it has not moved a single step beyond the MacArthur Constitution that presumes “the state is at fault.”
2018-01-14.
The following continues from the previous chapter.
Thus, the Asahi Shimbun wrote groundless stories such as “after taking Tamiflu, a person jumped from an apartment building,” and encouraged citizens to seek state compensation.
If someone was released on bail due to insufficient evidence, left-leaning lawyers would claim wrongful arrest even for the most heinous criminals and demand state compensation.
The same applies to asbestos.
It was discovered that inhalation could lead to lung cancer.
The Ministry of Health, Labour and Welfare effectively announced to patients, “Go ahead and sue the state.”
And once lawsuits were filed, the response was, “We will pay and settle.”
Asbestos was used as a construction material throughout the world.
Even if there were administrative shortcomings at the time, other countries maintain sovereign immunity and provide relief through separate frameworks.
However, Japan has not moved beyond the MacArthur Constitution that assumes “the state is at fault.”
To be continued.
