米港憲法解釈の歴史
美濃部達吉の履歴書。３年留学に行っていた。目的は比較法制度の研究。
「三権分立」という言葉は
In June 1783, a different group of disgruntled soldiers from Lancaster, Pennsylvania, sent Congress a petition demanding their back pay. When they began to march toward Philadelphia, Congress charged Hamilton and two others with intercepting the mob.[83] Hamilton requested militia from Pennsylvania's Supreme Executive Council, but was turned down. Hamilton instructed Assistant Secretary of War William Jackson to intercept the men. Jackson was unsuccessful. The mob arrived in Philadelphia, and the soldiers proceeded to harangue Congress for their pay. Hamilton argued that Congress ought to adjourn to Princeton, New Jersey. Congress agreed, and relocated there.[89] Frustrated with the weakness of the central government, Hamilton while in Princeton drafted a call to revise the Articles of Confederation. This resolution contained many features of the future U.S. Constitution, including a strong federal government with the ability to collect taxes and raise an army. It also included the separation of powers into the legislative, executive, and judicial branches.[89]
The origin of checks and balances, like separation of powers itself, is specifically credited to Montesquieu in the Enlightenment (in The Spirit of the Laws, 1748). Under this influence it was implemented in 1787 in the Constitution of the United States. In Federalist No. 78, Alexander Hamilton, citing Montesquieu, redefined the judiciary as a separate branch of government coequal with the legislative and the executive branches.[28] Before Hamilton, many colonists in the American colonies had adhered to British political ideas and conceived of government as divided into executive and legislative branches (with judges operating as appendages of the executive branch).[28]
モンテスキュー「法の精神」 三権分立や法の支配の源流？：朝日新聞デジタル
