Abstract: During the times of modern Japan, many arguments about the establishment of constitution appeared . Kokutai is the focus of the problem. The "Imperial Court" led by Iwakura Tomomi had a great influence on the principles of the constitution. Their main idea is to keep the Mikado’s rule forever. In their opinions, the Mikado has divine right. So they fought against popular sovereignty fiercely. Owing to their influence, the Constitution of the Empire of Japan didn’t handle well the problem of the Mikado’s status. This is the source of later controversy of Kokutai.

Key words: Kokutai, the “Imperial Court”, Iwakura Tomomi , the monarchical power, the Constitution of the Empire of Japan