The Fight for the Republic in China eBook

This eBook from the Gutenberg Project consists of approximately 514 pages of information about The Fight for the Republic in China.

The Fight for the Republic in China eBook

This eBook from the Gutenberg Project consists of approximately 514 pages of information about The Fight for the Republic in China.
made a constitution and then convened a parliament.  The constitutional power of the Japanese people is still less than that of the Prussian people.  According to the standard of our people we cannot adopt the English constitution as our model, for it is too advanced.  The best thing for us to do is to adopt part of the Prussian and part of the Japanese in our constitution-making.  As our people are better educated now than ever before, it is decidedly unwise entirely to adopt the Japanese method, that is, for the Emperor to make a constitution without the approval of the parliament and then to convoke a legislative body.  In the circumstances China should adopt the Prussian method as described above with some modifications, which will be very suitable to our conditions.  As to the contents of the constitution we can copy such articles as those providing the right for the issue of urgent orders and appropriation of special funds, etc. from the Japanese Constitution, so that the power of the ruler can be increased without showing the slightest contempt for the legislative organ.  I consider that this is the proper method of procedure for the formation of a constitutional monarchy for China.

Mr. Ko:  Can I know something about the contents of our future constitution in advance?

Mr. Hu:  If you want to know them in detail I recommend you to read the Constitutions of Prussia and Japan.  But I can tell you this much.  Needless to say that such stipulations as articles guaranteeing the rights of the people and the power of the parliament will surely be worked into the future constitution.  These are found in almost every constitution in the world.  But as the former Provisional Constitution has so provided that the power of the parliament is unlimited, while that of the president is very small the Chief Executive, besides conferring decorations and giving Orders of Merit, having almost nothing to do without the approval of the Senate, it is certain that nothing will be taken from that instrument for the future constitution.  Nor will the makers of the future constitution take anything from the nineteen capitulations offered by the Manchu Government, which gave too much power to the legislative organ.  According to the Nineteen Articles the Advisory Council was to draw up the constitution, which was to be ratified by the parliament; the Premier being elected by the parliament; whilst the use of the army and navy required the parliament’s sanction; the making of treaties with foreign countries have likewise to be approved by the parliament, etc., etc.  Such strict stipulations which are not even known in such an advanced country in matters constitutional as England were extorted from the imperial family by the advisory council.  Therefore it is most unlikely that the makers of the future constitution will take any article from the nineteen capitulations of “confidence.”  They will use the Constitutions of Japan and Prussia as joint model and will always have in their mind the actual conditions of this country and the standard of the people.  In short, they will copy some of the articles in the Japanese constitution, and adopt the Prussian method of procedure for the making of the constitution.

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The Fight for the Republic in China from Project Gutenberg. Public domain.