Administrative Scrivener Exam Preparation | Easy-to-Understand Explanation of Freedom of Religion | Including the Aum Shinrikyo Dissolution Order Case

Hello. In this article, we will organize the frequently tested theme of "Freedom of Religion" for the Administrative Scrivener Exam and Constitutional Law.

This article is for people who:

・Have read the articles but don't know what will be asked
・Have not organized the differences from the separation of church and state
・Want to understand the Aum Shinrikyo dissolution order case concisely

In conclusion, the shortcut to passing is to organize freedom of religion around "freedom of conscience" and "freedom of religious activities," and then grasp the "relationship with the state (separation of church and state)."

What is Freedom of Religion?

Article 20 of the Constitution guarantees freedom of religion. The content can be broadly divided into three parts.

1. Freedom of Faith (Freedom of Conscience)

Which religion to believe in, or whether to believe in any at all, is a matter of complete individual freedom.
As it is a freedom of conscience, coercion or interference by the state is not permitted in principle.

Comparison with freedom of thought and conscience (Article 19) is also important here.
The point is that freedom of religion is a guarantee specialized for "religion."

2. Freedom of Religious Acts

This is the freedom to engage in religious activities such as worship, missionary work, and rituals.
However, certain restrictions based on public welfare are permitted.

This is because religious acts are acts that manifest externally.
When there is a conflict with the rights of others or social order, there is room for necessary and minimum restrictions to be recognized.

3. Freedom of Religious Organizations

The freedom to form and operate religious organizations is also guaranteed.
This includes the acquisition of legal personality and the holding of property.

This is deeply related to the dissolution order case mentioned later.

Differences from Separation of Church and State

Freedom of religion is an issue of "individual rights."
On the other hand, the separation of church and state is a principle that regulates the "relationship between the state and religion."

Article 20, Paragraph 3 and Article 89 of the Constitution restrict the state and local public entities from engaging in religious activities.

In the exam,the purpose-effect testis frequently asked.
It judges whether a certain state act has religious significance from both the aspects of purpose and effect.

To summarize,

・Freedom of religion protects individual freedom
・Separation of church and state limits state involvement

This is the relationship between them.

If you focus on the subject of "who," it becomes easier to judge the correctness of the options.

Aum Shinrikyo Dissolution Order Case

Following the 1995 Tokyo subway sarin attack and other incidents, a dissolution order based on the Religious Corporations Act was issued against Aum Shinrikyo, which was a religious corporation.

The issue was whether this dissolution order violated the freedom of religion guaranteed by Article 20 of the Constitution.

Supreme Court Ruling

The Supreme Court ruled that the dissolution order was constitutional.

There are three main reasons for this.

1. The dissolution order does not prohibit religious doctrines themselves

2. Only the legal entity status is lost; faith itself is not prohibited

3. It is a legal measure against serious illegal acts

In other words, it was determined that direct restrictions do not extend to the core of freedom of religion, which is "faith itself."

Why was it considered constitutional?

Let's consider this from three perspectives.

■ Reader's perspective
If a religious corporation is dissolved, wouldn't religious activities become substantially difficult?

■ Practical perspective
Deprivation of legal entity status and prohibition of faith are separate issues. The legal status as an organization and individual faith are distinguished.

■ Opposing opinion
There could also be criticism that the actual impact of restricting activities is significant.

The Supreme Court concluded that while the loss of legal entity status is a disadvantage, it cannot be immediately deemed unconstitutional.

On the exam,
"A dissolution order for a religious corporation is naturally unconstitutional"
please be aware that extreme expressions like this are often presented as incorrect options.

Common points of confusion

1. Distinction between inner thoughts and external acts

Inner thoughts are strongly protected.
External acts may be subject to certain restrictions.

It is important to clarify this line.

2. Distinction between individuals and the state

Freedom of religion is an individual right.
Separation of church and state is a restriction on state actions.

Always check the subject of the question sentence.

Strategy for past exam questions

When you try solving past exam questions, you will likely feel that there are many problems that cannot be handled by memorizing legal provisions alone.

It is better to repeatedly go through the textbook, past questions, and explanations to gradually engrave the information into your memory.
Many precedents will appear, and at first, you will likely feel overwhelmed by all the different cases.
However, please rest assured that as you study repeatedly, it will properly sink in.

The recommended study procedure is as follows:

1. Read the legal provisions accurately

2. Be able to state the conclusion of the precedent in one sentence

3. Check if you can explain 'why that conclusion was reached'

In particular, for the dissolution order case,
the key is whether you can distinguish between the 'issue of legal personality' and the 'issue of the faith itself'.

Recommended textbooks

The best study flow at this time is to go back and forth between 'inputting with textbooks, outputting with past questions, and checking legal provisions or textbooks for parts you got wrong.'
For those retaking the exam, I think it is fine to keep doing past questions, but make sure to read the explanations thoroughly and internalize them.

By the way, I used 'Gokaku Kakumei' for my textbook!
↓ ↓ ↓ ↓ ↓

For past questions, I used LEC's 'Deru-Jun' and
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I used the 'Gokaku Kakumei' question-by-option book!
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Summary

Freedom of religion is organized into a three-layered structure:

・Freedom of conscience
・Freedom of religious acts
・Freedom of religious organizations

It is organized into these three layers.

Furthermore, be mindful of whether it is:

・A matter of individual rights
・A matter of state involvement

Keep this distinction in mind.

And regarding the Aum Shinrikyo dissolution order case, grasp the Supreme Court's perspective that "the deprivation of legal personality does not immediately mean the prohibition of faith."

Once you have organized it this far, the possibility of getting confused on the actual exam will be greatly reduced.

There is one action you should take today.
Try re-solving the years when "freedom of religion" appeared in past exam questions and check if you can explain it in your own words.

Understanding only truly takes root when you can explain it.
Let's do our best again today!