A Research On Constitutional Consultant Ariga Nagao

Ariga Nagao, an intellectual elite in Meiji Era, has made an outstanding achievements in many subject areas, such as sociology, constitution law, international law, diplomacy history etc., he was also a famous jurist, sociologist and diplomatic historian in modern Japan. Constitutional thought of Ariga Nagao occupy an important place in history of constitutional thought and practice of modern China and Japan which make it deserves further study. The aimed of this dissertation were as follows: To study the constitutional thought of Ariga Nagao, as a constitutional consultant in the early Republic of China; To further investigate the Meiji constitution, by conducting scholar literature-review on the constitutional law theory and the academic status during Meiji era; To study the history of constitutional thought and role of Arisa Nagao during early Republic of China.Chapter one describes Ariga Nagao' s life experience, how his experience effect the Constitutional law research, additionally, main academic resources of his constitutional law research is also disscussed. As an intellectual elite in Meiji Era, he was an expert in constitutional law and international law, as well as a sociologists and a diplomatic historian, he was also keen to participate in various social activities, established personal connections with political, academic and military circles during Meiji period. He was also known as a scholar who was participated politic.In his academic career, Constitution Law was his main area of interest. His knowledge of the constitutional theory was mainly based from Germany's national and state laws(Lorenz von Stein) in nineteenth Century.Chapter two explores how Ariga Nagao built up his own theories system. Analyzes and summarizes his main theory including its essential and significant features. Moreover, the impacts of his theory on the Meiji, Japan academic status were also discussed. Ariga Nagao constitution was based on "Stein's organic view of the state" and "historical determinism". According these two theories, ideally, constitutional system should be supported by three main bodies which include the head of state, the legislature and the executive authorities. Both organs under the head of state independently exercising their respective functions and powers, as well as work together to regulate. Ariga Nagao opposed Montesquieu's "separation of powers" doctrine, as well as direct elections and universal suffrage, the exclusion of political parties. Advocates elite governing under administrative organs. Advocates "heads of State with no political power " and "Minister with political power", the combination of two major principles may promote superior constitution.In Meiji Japan, Ariga Nagao served as spokesman of Hirobumi Ito in the academic circles, not only because both of them were inherited with Lorenz von Stein' ideas of constitutional system in Meiji Japan, but also they were also shared the same standpoint and viewpoint in the thought of Constitutional system in Meiji Japan. Ariga Nagao launched theoretical debate challenge to Hozumi Nobushige, which was the first debate on "National Organ Thought" in the history of modern constitutional theory. From the perspective of constitutional theory, comparing Ariga Nagao' thought with "theory of absolutism",although both ideas share many similarities, but they also have many differences. Moreover, more conflicts were observed when compared his idea with "theory of liberalism".His constitutional thought is very special, in the Meiji academic circles, not only stood up for the Mikado System, but also contains the modern Western constitutional theory. His thought fall somewhere in between modern Western constitutional theory and Mikado System, which can be mainly categorized as "conservative constitutional monarchy".Chapter three explores relationship between Ariga Nagao' constitutional thought and retrospects Constitution, describes the process and reasons behind he became a constitutional adviser. Moreover, his career as constitutional adviser was also discussed. He accepted the job offer from state, not only because of salaries or health considerations, more importantly the attitude of the Japanese government's official(Okuma Shigenobu and Sanae Takada) attitude while persuading him played a key role. Sino Japanese "Twenty-one" negotiations was his "watershed" during his career in China, Prior his reappointment by Beiyang government, it was mainly his hopes to create "theory weapon" effect and to continue his employment at Beiyang Government,as time goes on, became clearer on his tasks or missions, he help state won the constitutional debate. With his role as a mentor of state, he was trying to follow Lorenz von Stein' path. However, there was no real opportunity to turn his "semi-official" nature as a Japanese scholar.He was convinced that the constitutional reform was not only adopted Western constitutional theory, but also focused on to its own history and traditions.Based on Chinese history and traditions, from the perspective foundation of the Republic of China, he proposed new theory of the "sovereignty transfer",under the precondition of the republican State, trying to create a new model that could be used for reference by other countries. In summary, this unique idea served the main reference object of constitutional system in Meiji Japan. Moreover, Chinese traditional political system was also absorbed, which has been consistently advocated by him.Chapter four discusses Ariga Nagao'constitutional theory, his difficulties, collisions and influences during the Early Republic of China. In addition, the results of his final practice were also discussed.During his time in China as a constitutional adviser he published a variety of statements. Nevertheless, his "political stand" or "constitutional duty" and other significant factors, the most important work by Ariga Nagao was constitutional theory that persists through his whole career. If we can put republic constitution behind from a pure constitutional theory, "monarchy" or "republic" both "constitutions", and decided which one is more suitable to adopted during the Early Republic of China. Perhaps not only he and other foreign legal consultant will choose the previous one, but also most contributors of the "draft constitution" and Soejima Giichi who helped the Kuomintang to bashed Ariga Nagao, will Choose the previous one. For Ariga Nagao, Constitution itself should not become an obstacle for him to pursuit his own constitutional ideals, the "constitutions" selection was unsolvable. Therefore, there was no need to adhere with this idea, retrospects constitution and establishment of constitution were the most important.Even though Ariga Nagao had't been associated the building process of the 1914's "Constitutional system", but from several laws such as the "Yuan's Constitution", there were lots of similar places, but also held some different places.From the angle of "theory into practice", Goodnough' s thought was obvious transcendence than Ariga Nagao's one. The regime of the "Yuan's Constitution" was so-called "upgraded" President system of the United States, wae not the Ariga Nagao's "dominion transfer".From an objective perspective, Ariga Nagao's serving in China had a very important influence on the constitutional argument which Yuan Shikai won finally, More than that,he also contributed to the restoration of the imperial Yuan, but it would be fair to say, his constitutional concept and design had never been completely adopted. Unfortunately. Attendant the arising of the restoration by the Imperial Yuan, his constitutional design and vision of the new model republican regime gradually came to an end.