欧美国家宪法中政党定位的变迁——以英美法德四国为例

发布时间：2019-04-11 12:13

【摘要】：资产阶级革命以后二战以前,传统制宪思想和实践基本上都视政党为宪法之敌,对政党活动采取抑制态度。以英美法三国为例,英国宪法以限制大众参与并逐渐扩大选举权的方式来限制政党影响,美国宪法利用分权原则和联邦主义在限制政党活动空间上做出了大量制度安排,大革命后初期的法国宪法实践更是对政党极端憎恶。但这些抑制努力从未成功,政党活动依然在宪法的重重限制下发展开来,相反,政党活动有时还会对宪法实施稳定发挥积极作用,如美国宪法对在总统选举中加强政党作用的第十二修正案,政党活动对法国第三共和稳定的支持。这种将政党视作宪法之敌的思想与启蒙思想家对政党的轻视与偏见,以及一些启蒙思想家将多数人等同于全体的理论诡辩存在联系。德国基本法在继承传统制宪思想的基础上在政党制度上有所创新,将政党引入宪法并强化其宪法地位,但是在实践中也引起了政党垄断民主政治、政府与政党过度纠葛的问题。面对这些经验和教训,制宪者应当以一种积极的态度承认政党的宪法地位,在此基础上考虑政党否需要入宪、入宪后应该采取何种支持的问题,与此同时还应保证大众民主政治发展的开放性。
[Abstract]:After the bourgeois revolution, before World War II, the traditional constitutionalism thought and practice basically regarded the political party as the enemy of the constitution, and adopted the restraining attitude to the political party activity. Taking Britain, the United States and France as an example, the British Constitution limits the influence of political parties by restricting popular participation and gradually expanding the right to vote. The United States Constitution has made a large number of institutional arrangements to restrict the space for political party activities by using the principle of separation of powers and federalism. The French constitutional practice in the early days after the Great Revolution was even more abominable to political parties. However, these repressive efforts have never been successful, and the activities of political parties continue to develop under the constraints of the Constitution. On the contrary, political party activities sometimes play a positive role in the stability of the implementation of the Constitution. Such as the 12th Amendment to the Constitution of the United States to strengthen the role of political parties in the presidential election, political party activities to support the third Republic of France and stability. This thought, which regards the political party as the enemy of the constitution, is related to the contempt and prejudice of the enlightening thinkers for the political party, and the theoretical sophistry that some enlightening thinkers equate the majority to the whole. On the basis of inheriting the traditional constitutional thought, the basic Law of Germany has innovated the political party system, introduced the political party into the constitution and strengthened its constitutional status, but also caused the problem that the party monopolized the democratic politics in practice, and the government and the political party were excessively entangled. In the face of these experiences and lessons, constitutionalists should recognize the constitutional status of political parties in a positive manner and, on this basis, consider whether political parties need to be incorporated into the Constitution and what support they should adopt after joining the Constitution, At the same time, we should also ensure the openness of the development of popular democracy.
【作者单位】：苏州大学王健法学院;
【分类号】：D911

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