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La genesi del Costituzionalismo giapponese nell’era Meiji

Federico Lorenzo Ramaioli    Segretario di Legazione presso il Ministero degli Affari Esteri e della Cooperazione Internazionale;    



The Empire of Japan, until AD 1889, the 21rst year of the Meiji era, had never had a Constitution. The Tokugawa Bakufu, the feudal government of the Shogun, had a totally different conception of law and justice, based on confucian thought and buddhist paternalism. The Meiji Restoration brought about a deep change, firts of all by achieving a rapid modernization of the national industry, and by the adoption of legal and juridical categories as imported by the West. Hence, a coherent theorization of a constitutional framework, based on the Prussian Constitution, was a fundamental step in the construction of the Meiji constitutional State. Thus, the origin of Japanese Constitutionalism is to be found not just in the adoption of the Meiji Charter, but first in the prior importation of western juridical categories, as a legal forma mentis which was seen by the Meiji oligarchs as essential in building a modern State.     

30 Dicembre 2015
Copyright: © 2015 Federico Lorenzo Ramaioli. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.