2017 Fiscal Year Final Research Report
Maruyama Masao's constitutional theory and legal thought behind it: A study of the documents at Tokyo Woman's Christian University
| Project/Area Number |
15K12967
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| Research Category |
Grant-in-Aid for Challenging Exploratory Research
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| Allocation Type | Multi-year Fund |
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| Research Field |
Public law
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| Research Institution | Fukushima University |
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Principal Investigator |
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 丸山眞男 / 八月革命 / 正統と異端 |
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| Outline of Final Research Achievements |
The Constitution of Japan of 1946 was enacted as an amendment to the Constitution of the Empire of Japan of 1889. However, their basic ideas are fundamentally different from each other. While the old constitution was established based on the imperial sovereignty, the new constitution was established based on the popular sovereignty. “The theory of August Revolution”, proposed by Toshiyoshi Miyazawa, explains this difficult question regarding the legitimacy of the constitution of 1946. He asserted that sovereignty had moved from the emperor to the people when Potsdam Declaration had been accepted in August 1945, and it implied that the revolution of the legal meaning had occurred. In this study, we examined the documents written by Masao Maruyama located at Tokyo Women's Christian University and found the new evidence, and discovered that Maruyama had suggested the idea of “The theory of August Revolution” to Miyazawa just after the defeat of World War II.
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| Free Research Field |
憲法史
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