著者

富永 健

出版者

関西法政治学研究会

雑誌

憲法論叢 (ISSN:24330795)

巻号頁・発行日

vol.12, pp.73-94, 2005-12-17 (Released:2018-01-10)

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This essay increases consideration whether 'the theory of the Emperor as an organ of government' is against Kokutai (the national polity, or the fundamental character of the state). The most important point at issue there relates to the subject and contents of the sovereignty. In this essay, I examine theories of Yatsuka Hozumi, Shinkichi Uesugi, Tatsukichi Minobe and Soichi Sasaki. I conclude that the theory of the Emperor as an organ of government is not against Kokutai. The constitution of this essay is as follows : (1) Introduction, (2) Criticism for a national judicial person theory, (3) 'The theory of the Emperor as a subject of the sovereignty' and Kokutai, (4) 'The theory of the Emperor as an organ of government' and Kokutai, (5) Discussion around sovereignty, (6) Conclusion.