Japan Aff Michigan
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- Property Rights Impact – V2L
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XT: Property RightsJapanese landowners have a right to their property that has been taken by US forces or to just compensation, it’s in the constitution Mulgan, 2k (Aurelia George, completed her PhD at the ANU in Japanese Politics in 1980, and subsequently worked as a Research Fellow in the Australia-Japan Research Centre at the ANU, “Managing the US Base Issue in Okinawa: A Test for Japanese Democracy,” Japanese Studies, Vol. 2, No. 2, pgs 159-177 //ag) One of the major claims of Okinawans is that the constitutional rights to private property of Japanese landowners have been violated by the enforcement of leases of parcels of land for use by US forces. Article 29 of the Constitution states that ‘the right to own or to hold property is inviolable’. When Governor Ota refused to sign the documents needed to extend the forced leases of land for US bases in late 1995, he told reporters he was ‘going to insist in court that forcing them to renew violates rights of property ownership and landholding guaranteed under the Constitution’."’ In his appeal to the Supreme Court that followed, he argued amongst other things that forced contracts violated the Japanese Constitution, which protects private property. His appeal was lost. In essence, the question of Okinawan landowners’ rights comes down to a political rather than a constitutional or legal question, insofar as Article 29 of the Constitution also provides that ‘private property may be taken for public use upon just compensation therefor’. This Article embodies the eminent domain powers of the state vis-a-vis private property owners. These powers are implemented through the legal provisions of the 1952 Land Acquisition Law, which gives the state the right to acquire private land for public use. The law that specifically embodies the state’s right of eminent domain in relation to US bases in Japan is the Special Measures Law for Land Used by the American Forces. Property Rights Impact – V2LProperty rights key to value to life, it is fundamental to liberty and happiness Erler, 10/19/07 (Edward, Ph. D. Professor of Political Science at California State University, “The Decline and Fall of the Right to Property: Government as Universal Landlord,” Heritage Foundation, pg online @ http://www.heritage.org/Research/Thought/fp15.cfm //ag) There can be little doubt that Madison--and the framers generally--viewed the right to property as the comprehensive right which assumed a kind of priority in the political community. The right to property, of course, is not mentioned in the Declaration of Independence, but it was understood to be a part of the "pursuit of happiness"; property in the narrow sense is a necessary but not sufficient condition of human happiness. Property in the service of the goods of the body is a necessary precondition of human happiness which ultimately depends on the goods of the soul, most notably freedom of conscience. Property lost can be regained; liberty lost is rarely regained. Thus it is wise to take alarm at the slightest inroads upon the rights of property. The right to property therefore serves as a kind of "early warning system" to invasions of life and liberty. Madison's emphasis on the right of property stems from his awareness that life and liberty are mainly jeopardized through the violation of property rights-- that government's demands on citizens bear most immediately and visibly on their property, whether through direct taxation, confiscation, or regulation of the use of property. It is therefore prudent, Madison reasoned, to make the right to property the measure of liberty.[58]
(Bob Bauman, " Sovereign: Property Rights Are Civil Rights ", pg online @ http://www.sovereignsociety.com/2009ArchivesSecondHalf/111609SovereignPropertyRightsAreCivilRigh/tabid/6140/Default.aspx) Several years ago the chairman of the Sovereign Society, Jack Pugsley, in a commentary entitled "It All Starts With Property Rights" wrote the following: The feelings that drive us to defend ourselves against government oppression are an expression of our innate compulsion to control our own property. Each of us shares the feeling that it is unjust and an outrage for our hard-earned wealth to be taken from us without our consent. Jack went on to observe: The Declaration of Independence suggests that the Founding Fathers sensed this aspect of human nature. It argued that all men "are endowed by their Creator with certain unalienable Rights; that among these are Life, Liberty and the pursuit of Happiness." Life, liberty and the pursuit of happiness, of course, are all aspects of property. Throughout American history, our leaders have understood that private property rights are key to the survival of the individual. If you take a person's property, you take away their livelihood. If you take property, you attack their spirit. From the day our nation was born, the preservation of private property has been considered a priority of law. Property Rights Impact – Gender EqualityStrong property rights are key to gender equality Bandow, 2/23/10 (Doug, senior fellow at Cato Institute and former special assistant to President Reagan, “Help the Third World – Protect Property Rights,” Cato Institute, pg online @ http://www.cato.org/pub_display.php?pub_id=11245 //ag) Moreover, better protection of property rights is essential for gender equality. Poor countries tend to do worse on protecting women's property rights just as they do worse on protecting property rights generally. Of particular importance are women's access to credit, land, and other property, as well as inheritance practices and social rights. In Uganda, for instance, "Despite the importance of land to women, the overriding feature of their relationship to land is insecure tenure."
(Prof of Public Law, University of Kenya, “Gender Land and Property Rights”, http://www.uneca.org/adfvi/presentations/GENDER%20LAND%20AND%20PROPERTY%20RIGHTS.pdf //ag) II.Gender Issues in Land and Property Relations In the context of land and property relations the forum theme:- 1 sets the stage for reflection on the crucial role of women in the preservation, management and utilization of Africa’s primary development resource, 2 enables participants to identify impediments to secure access, effective control and sustainable stewardship of land by women and how these can be removed, 3 provides opportunity to critique emerging best practices towards the removal of those impediments, 4 identify gaps that still remain inspite of those practices and to chart the way towards full empowerment of women in the exercise of land and property rights. Specifically, we need to examine how social and cultural construction of roles through sexual differentiation determines:- 1 ultimate ownership and control over land resources 2 the nature and extent of access to land as a factor of production 3 livelihood opportunities especially for women, and 4 economic and political power in society. That perspective is important if we are to deconstruct, reconstruct and reorder gender relations in a manner that confers upon women full enjoyment of land and property rights
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