Summary: | 碩士 === 淡江大學 === 日本研究所 === 83 === The momentous reform caused by world war Ⅱ, had disrupted the
old absolute frame and the theocracy(Tennor)in Japan, which
converted to an anti-embattle democratic country. In the
headship of USA, according to her experience of democratizing
and the especial polity﹑country﹑history﹑ prescript of MEIZI
constitution and the parliamentarism, build the unique chartism
and the chdck and balance of power(C&B) of Japan. The Emperor
who has been conserved as the symbol of the Japanese unifying.
When observing the C&B of a country, the dogmatism of C&B
theory in constitutions must be instead of having an eye to the
materiality of constitutions. In the adept of C&B,the
constitution of Japan also make parliament the most important
department of the country, adopting Judicial Review and the
Parliamentarism Regime, neither of them are attached to the
traditional theory of C&B. In this case, in order to truly
understanding the constitution of Japan, we should first make
sure what about Japan''s materiality of constitution, and the
check and balance of the departments of Japan, after both of
the view of materiality and theory, then we can clearly figure
out the structure and characteristic of C&B in the constitution
of Japan.
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