The Research On The Constitutional Theory Of Minobe Tatsukichi

The Taisho period was an important historical period in the modern history of Japan.The constitutional thought of this period was more scientific than that of the past.The Constitutional Theory of Minobe Tatsukichi was one of the most representative ideas of this period.The rise of the middle class and the rise of individualism in the late Meiji period,laid the social conditions for the emergence of The Constitutional Theory of Minobe Tatsukichi.The Japanese Yuki Hiroo's study of Constitution and the German Jelinek's State Theory are the important theoretical source of this theory.This thesis discussed the content of The Constitutional Theory of Minobe Tatsukichi,and analyzed the scientificity and limitations of the theory,based on the National Groups Thought,National Legal Thought and Mikado Organ Thought.The Constitutional Theory of Minobe Tatsukichi holds that the sovereignty lies in people not in the emperor,and the emperor must exercise its functions based on the Constitution.The dominion of the country should belong to the state,and the emperor is only the supreme organization under the Constitution.However,The Constitutional Theory of Minobe Tatsukichi is still affected by the concept of Emperor,and the opposition of emperor is not complete,that leads to the legal results become vacant.The essence of The Constitutional Theory of Minobe Tatsukichi is trying to use the Western law to find a more reasonable explanation for the center places of the emperor in the country's right.The proposition of this theory led to the debate between Minobe Tatsukichi and the researchers of Constitution.Although the two sides hold contrary ideas on the sovereignty,they have basically similar attitude towards the national personality and the character of the nation.The Constitutional Theory of Minobe Tatsukichi seems to have this or that deficiency,and some individual works have been silently in the paper,but the main part of it is still dazzling,and is still an indispensable work on our desk.The study of this theory still has some significance to the development of law in our country.