Kabushiki Kaisha Sumiyoshi v. Governor of Hiroshima Prefecture (Japanese Drug Store Case)

29 Minshu 572 (1975)

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Kabushiki Kaisha Sumiyoshi v. Governor of Hiroshima Prefecture (Japanese Drug Store Case)

Japan Supreme Court
29 Minshu 572 (1975)

Facts

The government of Hiroshima Prefecture, Japan (the government) (defendant) enacted the Pharmaceutical Affairs Law, under which the government could deny a license for a new pharmacy if the new pharmacy was too close to an existing pharmacy. The enactment of this law prompted a constitutional challenge, which argued that the Pharmaceutical Affairs Law violated Article 22 of the Constitution of Japan. On appeal, the government asserted that prior to the law’s enactment, pharmacies were not equitably distributed geographically: certain areas had too many pharmacies, while other areas had too few pharmacies. The government argued that the Pharmaceutical Affairs Law combated the inequitable distribution of pharmacies in the prefecture. The government also argued that the law was necessary to prevent economic instability within the pharmaceutical industry caused by the crowding of pharmacies and the consequent dispensing of substandard drugs by these competing pharmacies.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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