法制史研究
Online ISSN : 1883-5562
Print ISSN : 0441-2508
ISSN-L : 0441-2508
ボアソナードの憲法構想
小田切本『憲法備考』を手がかりにして
矢野 祐子
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ジャーナル フリー

1994 年 1994 巻 44 号 p. 43-95,en3

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Today, many studies about the theory of law of G. E. Boissonade have accumulated, especially in the field of the criminal law and the civil law.
But very few remarks have been made on his work during his stay in Japan in the field of the constitutional law.
In this article, I try to draw a brief picture of his idea about the constitutional law by analysing his uncompleted but systematic draft 'Kenpo Bikou' which has been kept in 'Odagiri documents collection' in Keio University.
'Kenpo Bikou' consists of two chapters, and in the first chapter he describes how the rights of people have been secured by law in France. There, he enumerates <la liberté de la personne ; l'inviolabilité du domicile ; la liberté de religion ; la liberté de l'industrie ; la liberté et l'inviolabilité des propriétés ; le droit de pétition ; le droit de réunion et d'association ; le droit à la juridiction des juges naturels> etc..
According to Boissonade, most of these rights should be also secured for Japanese people, which means the new constitutional law must be based on liberalism and individualism.
In the second chapter, he describes the structure of the state. He professed, at the beginning of the chapter, the aim of the new constitution : 'The most important aim of this new constitution is to limit the power of the Emperor'. Therefore how he planned <the Diet elected by the people> is of important value. But unfortunately 'Kenpo Bikou' is not completed, and we can't see his real idea of the Diet. But we still have suggestive comments from 'Kenporon' made by Boissonade in April 1875, just before 'Kenpo Bikou' was written.
Supplementing its lack with 'Kenporon' and other comments about the constitutional law left by Boissonade, we could touch what he had then (around 1875) in mind about 'structure of the Japanese state' and 'rights of Japanese people'.
I wish this article will be of some help for the study of Boissonade, on his theory of the constitutional law.

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