近代日本宪法的解释与论争——以“天皇机关说”的胜出与终结为中心

The Interpretation and Debate of the Constitution in Modern Japan—Centering on the Victory and the End of Mikado Organ Thought

明治宪法颁布后,日本出现了"天皇主权说"与"天皇机关说"两种不同的宪法解释理论,双方展开多次论争,最终"天皇机关说"胜出成为主流的宪法解释。但到昭和初期,机关说却被判为谋反的学说,遭到军国主义的彻底扑灭。"天皇机关说"在促使立宪思想传播、政党内阁上台等方面起着重要作用,但随着机关说被扑灭,整个日本朝着法西斯主义的方向不断推进。从宪法解释理论这一变化过程入手,也能够窥探出近代日本宪法解释中立宪主义要素逐渐倒退,最终与军国主义合流的特征。

After the promulgation of the Meiji Constitution,the mainstream theory of constitutional interpretation underwent a transformation from the Mikado Sovereignty Thought to the Mikado Organ Thought,and both sides had a continuous debate in this process.Finally the Mikado Organ Thought won.But in the early Showa era,the Mikado Organ Thought was condemned as an Anti-State System thought and was completely extinguished by militarism.The transformation of the theory of constitutional interpretation played an important role in promoting the spread of political constitutionalism and the administration of political parties.However,as the Mikado Organ Thought was extinguished,the whole Japan was advancing toward the direction of fascism.Starting from the changing process of constitutional academia,the author can also discover the characteristics of gradual regression of constitutional elements and their final confluences with militarism in the constitutional interpretation of modern Japan.