象徴と機関(2・完) : 天皇機関説との関連において

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In our "nation"(kuni), there is a matter of the emperor-as-an-organ theory, concerning whether the acknowledged sovereignty resides with the state or with the monarch. During the period when the Imperial Constitution of Japan was in force, the organ theory was propounded as an interpretation of the Constitution by legal scholars who adopted the sovereignty-with-the-state theory, and was generally accepted as orthodox. But, on the eve of World War II, when the national unity was urgent, and the clarification of the kokutai, or national polity, was emphasized, the organ theory was regarded as incompatible with the kokutai (and the sovereignty-with-the-state theory also regarded ss incompatible, so long as it would open the way to the organ theory), and was finally suppressed by the authorities. With the defeat in World War II, however, the suppression was removed. And along with the enactment of the new "Constitution of Japan" which supplanted the Imperial Constitution, the organ theory revived. The matters worthy of scholarly discussion are : (1) whether the organ theory is effectively established or not; (2) whether the sovereignty-with-the state theory inevitably leads up to the organ theory or not. But any discussion does not result in the last and decisive solution of these matters even today as well as at the early period of the organ theory. The solution of these matters is important for our scholarly analysis, for it would clarify the relationship between the state and the monarch. The solution is further important for our "nation"(kuni), for it would give a full understanding of the kokutai, or national polity. The solution of these matters, therefore, becomes the main purpose of this paper.
1987-09-30

象徴と機関(2・完) : 天皇機関説との関連において

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