大正六年の請願令制定と明治立憲制の再編
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概要
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Article 30 of the Meiji Constitution pertaining to petitions filed by imperial subjects specified that "rules" for concrete procedures were to be established; and the Parliament Act (Gi'inho 議院法) concerning petitions to the congress, and the Petitions Act (Seiganrei 請願令) pertaining to petitions filed with the Emperor and administrative bureaus were promulgated as a result. This article examines the process of promulgating the Petitions Act by discussing why the act was passed in 1917. in addition, the article discusses the new link that was established between the Emperor and his subjects (or rather, the nation) through the enactment of the petition system through an examination of the conditions before, during and after the enactment of the Constitution. Because the act of petitioning the Emperor was prohibited prior to the Constitution's enactment, focus was placed more on appeals to administrative bureaus at that time. However, in the process of enacting the Constitution and studying European practices, petitioning the Emperor came to be interpreted as being important as petitioning the legislature and administrative bureaus. After the Constitution was enacted, petitioning the Emperor became the subject of a debate between Ito Hirobumi (伊藤博文) and Ito Miyoji (伊東巳代治) within the process of preparing an imperial household system. The argument concerned how petitioning should be understood in terms of the "will of the people": Would it be a means of "procuring the will of the people" or "probing the will of the people?" Furthermore, heated debates arose on how the Emperor and the legislature should be positioned within the framework of the Constitution. For example, what would be the interrelationship between petitioning the two (i.e., expressing the "will of the people") and perceptions concerning the relationship between the monarch and his subjects. The promulgation of the Petitions Act was also interpreted as a measure responding to a changing society and as a law protecting the rights of imperial subjects. Consequently, the Petitions Act, which attempted to systematically lay out the petition process, was a piece of legislation that "probed the will of the people" and, as a matter, was the first law of its kind to do so under the Constitution. Furthermore, the Act represented a new linkage between the Emperor and the nation, through the Lord Keeper of the Privy Seal, who was put in charge of handling petitions filed with the Emperor.
- 2010-04-20
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関連論文
- 大正六年の請願令制定と明治立憲制の再編
- 長井純市著, 『河野広中』, (人物叢書), 吉川弘文館, 二〇〇九・五刊, 四六, 二九五頁, 二〇〇〇円
- 明治後期皇室制度改革と大正初期の「宮中」 : 公式令制定と大礼使官制問題(研究発表,近現代史部会,日本史部会,第一〇九回史学会大会報告)
- 茶谷誠一著, 『昭和戦前期の宮中勢力と政治』, 吉川弘文館, 二〇〇九・一〇刊, A5, 三八六頁, 九五〇〇円
- 中野目徹・熊本史雄編, 『近代日本公文書管理制度史料集』中央行政機関編, 岩田書院, 二〇〇九・一〇刊, B5, 一二〇九頁, 二四〇〇〇円