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2016 Fiscal Year Final Research Report

The origin of Japanese constitutional theory: Hozumi Yatsuka and the debate on sovereignty of 1882.

Research Project

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Project/Area Number 26780006
Research Category

Grant-in-Aid for Young Scientists (B)

Allocation TypeMulti-year Fund
Research Field Public law
Research InstitutionHokkaido University

Principal Investigator

NISHIMURA Yuichi  北海道大学, 大学院法学研究科, 准教授 (60376390)

Project Period (FY) 2014-04-01 – 2017-03-31
Keywords穂積八束 / 主権論争 / 日本憲法学説史
Outline of Final Research Achievements

Hozumi Yatsuka can be called the founder of Japanese constitutional theory. The purpose of this research is to analyze the influence of “Japanese society of 1882” upon Hozumi, who was a student at Tokyo University at the time and took part in the debate on sovereignty of 1882.
In studying the formation process of the concept of KOKUTAI and SEITAI which has been considered a characteristic of the constitutional theory of Hozumi Yatsuka, his theory proved to be more affected by the debate on sovereignty than previously thought. Thus I think that I could demonstrate a part of the influence of “Meiji Japan” on Hozumi's constitutional theory, which conventional researches did not pay enough attention to.

Free Research Field

憲法学、憲法学説史

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Published: 2018-03-22  

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