At that time，there was a professor of law of Tokyo Imperial University named "Minobe Tatsukichi".
Around 1900, he studied in Germany.
And he studied under Jellinek of public law scholar.
"For example，your State is in the monarchy.
Even so，the State itself is the rights subject only.
King is just one of the organ of governance of the state.
In short，the State itself has sovereignty as a legal entity."
So-called "Nation corporation theory".
Jellinek was a advocate of this theory.
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After returning home，Minobe was applied this theory to the situation in Japan.
"The emperor is just one of the organ of governance of the state."
He was defined so clearly.
This theory is called "the theory of the Emperor as an organ of government".
1923，he published a manual of the Constitution, including this theory.
And his theory was widely accepted to Japanese as established theory.
But the aspect varies gradually.
Great Depression that began in 1929.
This had a serious impact on Japan as with countries around the world.
Power of the military had been the rise gradually as a background social unrest.
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"Only emperor is owned supreme command of the military.
Any person isn't possible interfere to this.
Because it is stated so in the Constitution."
In order to obtain a free hand，military began to claim so.
The biggest obstacle against it was the interpretation of the Constitution of Minobe.
"This theory is blasphemous against the emperor.
We should be banned his books."
1935，persecution by the military against Minobe began in earnest.
"Question for a theory should be made a place by academic place."
Japanese prime minister at the time was answer so in the Diet.
Minobe was a member of the House of Lords at that time.
Opposition political party was in collusion with the military for takeover of administration.
They politicized this issue.
Following year，Minobe was hit by terrorism.
His life was saved.
But he resigned the House of Lords.
After this，his persecution continued until 1945.
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