“国体明征”与近代日本宪法学的法西斯化

“Polity Clarification”and the Fascist Tendency in the Studies of Constitution of Pre-war Japan

美浓部达吉的天皇机关说力图对明治宪法作民主化解释,这为近代日本政党内阁制提供了理论基础,却遭遇了以蓑田胸喜为代表的右翼学者的攻击,随着日本军部企图掌握政治主导权,以国体明征运动为契机,冈田启介内阁两次发布声明,抹杀天皇机关说,而与此同时,穗积八束、上杉慎吉等人的天皇主权说也一同受到批判,之后形成了以里见岸雄为代表的国体宪法学,国体完全凌驾于宪法规则,宪法学研究与政治上的法西斯化趋向一致。

The theory of Functional-institutional Emperor raised by Tatsukichi Minobe strived for a democratic interpretation of the Meiji Constitution and provide a theoretic foundation for the system of political party cabinet of the contemporary Japan, but it drew attacks from Muneki Minoda and other rightwing scholars. With attempts of the militarists to seize political initiatives, and by the chance of the Polity Clarification movement, the Okada cabinet issued proclamations twice to erase and discredit the theory of the Functional-institutional Emperor. Meanwhile, the theory of Emperor Sovereignty of Yatsuka Hozumi and Shinkichi Uesugi were also being criticized after which the theory of Polity Constitutionalism by Kishio Satomi was formed according to which the Polity overrode the Constitutional rules and a tendency of the Constitutional studies joining hands with political fascism began to take shape.