The purpose of this article is to explain Sieyès’ theory of political representation and to reveal its bilateral character. Traditionally, the majority of japanese constitutionalists have considered Sieyès as an anti-democratic theorist of ‘souveraineté nationale’（especially in relation to Rousseau）, according to the theory of R. Carré de Malberg. In other words, Sieyès has been considered to be an elitist proponents of a theory that ignores the will of the real people. But, while he certainly believed that citizens should not directly participate in political process, what Sieyès seems to insist on is that the wills or interests of real citizens are essential elements of the will of the ‘nation’. Therefore, this article attempts to show that the theory of Sieyès has not only an anti-democratic aspect but also a democratic aspect. In conclusion, this article proposes to portray him not as an ideologue with elitist tendencies, but rather as a pioneer who has come to face the inherent challenges of modern representative democracy.

論説

一橋大学大学院法学研究科

2023-07

Japanese(jpn)

departmental bulletin paper

VoR

10.15057/80130

1347-0388

AA1161370X

一橋法学

22

2

425

469

22巻2号(2023.7)

https://hdl.handle.net/10086/80130