日本 立憲主義의 初期 形成 : 그 西歐的 原型과 東아시아的 變形

Abstract

The Early Japanese Constitutionalism : Its Western Origin and East Asian VariantsShin, Woo-CheolThe Japanese constitutionalism in the late 19th century, modelled after the Prussian “Scheinkonstitutionalismus(pseudo constitutionalism),” played a very important role not only in Japan, but also in Korea and China. In this article, I trace Japan's historical efforts to establish a modern “constitutional state.” First, I analyze some literatures that introduced the new idea of “constitutionalism” to Japan near the end of the Tokugawa Dynasty. In Chapter II, I will examine the early writings of Kato Hiroyuki(加藤弘之), Tsuda Mamichi(津田眞道), Nishi Amane(西周), and such “ur-constitutional” documents as Great Plan at Sea(船中八策), Han Ron(藩論), Kokutai(國體), etc. Chapter III will discuss the first constitutional document after the Meiji Restauration, i.e., the Seitaisho(政體書) of 1868 and the political struggles between parties & fractions based on Hanbatsu(藩閥) clanship. In Chapter IV, I explain the victory of the Prussian “Constitutional Monarchy” model and the stormy birth of the “Constitution of the Empire of Japan(1889).” The making of the “Meiji Constitution(1889)” meant the victory of the Satsuma-Choshu(薩長) clan against the Tosa-Hizen(土肥) clan, the victory of the state-oriented “pseudo constitutionalism” against the liberal parliamentarism, the victory of the “Japanized” Prussian ideology(“rule of Tenno”) against the Anglo-Saxon legal tradition(“rule of law”). In Chapter V, I will clarify the “Tenno-dominated” oligarchy structure of the “Meiji Constitution” and the historical meaning of the Japanese early constitutionalism.