关键词: 文本解释, 明治宪法, 权力分立, 政治惯例

Abstract: In terms of text interpretation, the text itself, the effect and impact of the text, etc. together constitute the object of the interpreters understanding, and it is difficult for the interpreter to fully know the original meaning of the text. The same is true of constitutional texts. Particularly, articles of the Meiji Constitution are simple. It is necessary to rely on extra-textual factors when interpreting them. After Meiji restoration, one-sovereign and all people became the fundamental political foundation of Japan. The Mikados governance and the principle of “public discussion” were introduced into the Meiji Constitution and gradually institutionalized. The parliament participated in legislation but was not the main body of legislative power. The non-legal nature of the budget also limited the budget power of the parliament, but Article 67 of the constitution provided the possibility of compromise between the government and the parliament. The Meiji Constitution adopted the functional separation of power under the Mikados sovereignty, but Article 67 of the constitution provided a possibility for the compromise between the government and parliament. During the process of implementing the constitution, political conventions of senior statesman, cabinet unification, and imperias independence could supplement the deviation between constitution articles and practical politics, driving the staged changes between the constitutional interpretation and political state. While studying the Meiji Constitution, we should not be limited to the text, but should examine the context, the actions of politicians, laws and regulations, constitutional interpretation, and public opinion.

Key words: text interpretation, Meiji Constitution, separation of power, political conventions