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Simpson, Bertram Lenox, 1877-1930

"The Fight for the Republic in China"


Respecting Parliament, its re-assembly was one of the two most
important conditions by means of which the political differences
between the North and the South last year were healed. The
dissolution of Parliament would mean the violation of the terms of
settlement entered into between the North and the South last year
and an open challenge to the South. Would the South remain silent
respecting this outrageous measure? If the South rises in arms
against this measure, what explanation can the Central Government
give? It will only serve to hasten the split between the North and
the South. From a legal point of view, the Power of Government is
vested in the Provisional Constitution. When the Government
exercises power which is not provided for by the Constitution, it
simply means high treason.
Some one has suggested that it would not be an illegal act for the
Government to dissolve Parliament, since it is not provided in the
Provisional Constitution as to how Parliament should be dissolved,
nor does that instrument specifically prohibit the Government from
dissolving Parliament. But this is a misinterpretation. For
instance, the Provisional Constitution has not provided that the
President shall not proclaim himself Emperor, nor does it prohibit
him from so doing. According to such interpretation, it would not
be illegal, if the President were to proclaim himself Emperor of
the country.


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