伊藤博文の両院制構想

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タイトル別名
  • A Study of the Bicameral System Plan Proposed by Hirobumi Ito
  • イトウ ヒロブミ ノ リョウインセイ コウソウ

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抄録

This paper is intended to clarify what plan Hirobumi Ito envisaged regarding the bicameral system, and then how his plan was evaluated. Before his investigation of the constitutions in European countries, Ito thought that it was necessary to take a certain satisfactory measures toward the Lower House as well as the discontent warriors. Therefore, he set up the Senatorial House as if it were the "bulwark of the Throne". His plot of the legislature was not so workable, considering the role of the legislature, that it can be called the "negative" bicameral system plan. Then, Ito learned from Stein and Mosse the significance of the bicameral system of the assembly, and also learned that the bicameral system was a preferable legislature. Ito concluded that "law" should be established through the "kyosan" of the bicameral system of the assembly consisting of the Lower House representing the will of people and the Senatorial House showing achievements and knowledge. He made up such a legislative process as playing an important role in a constitutional government. He intended to set up the bicameral system as "eternal institution" consisting of the Lower House members to be elected by the people and the Senatorial House members to be appointed among the bureaucrats. His thought that this sort of a legislative system plot could be called the a "positive" bicameral system plan. It was no doubt pioneering in those days that Ito proposed the necessity of the adoption of bicameralism based on a functional legislative process.

収録刊行物

  • 法政論叢

    法政論叢 52 (1), 35-52, 2016

    日本法政学会

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