美国直接民主制度的法律史

Stanislav Chechelev
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引用次数: 0

摘要

早在殖民时期,美国就出现了直接民主。然而,当美国在 XVIII 世纪末成为主权国家后,为了防止暴民统治,开国元勋们更倾向于代议制民主。本研究追溯了美国各种直接民主制度的历史。十九世纪末二十世纪初,美国进入了进步主义时代:公民社会与消极的社会、政治和法律现象作斗争。将全民公决、大选、罢免官员等纳入法律体系似乎是一个完美的解决方案。二十世纪初,这些制度被写入一些西方国家的法律,并被证明相当有效。20 世纪 50 年代后,出现了所谓的第二次直接民主浪潮,直接民主制度变得更加普遍。这一进程在二十世纪末至二十一世纪初达到顶峰。因此,直接民主在美国现行立法中占主导地位。目前,美国的直接民主正在进一步兴起,并在法律体系中得到更广泛的实施。俄罗斯对美国的直接民主经验颇感兴趣,因为它可能有助于改善国内国家的社会重大决策机制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal History of Direct Democracy Institutions in the USA
Direct democracy appeared in the United States back in the colonial period. However, when the country became sovereign in the late XVIII century, the founding fathers gave preference to representative democracy in order to prevent the mob rule. This research traces the history of various institutions of direct democracy in the United States. The late XIX – early XX centuries saw an era of progressivism in the United States: civil society struggled against negative social, political, and legal phenomena. Implementation of referendums, general direct elections, recalls of officials, etc., into the legal system seemed a perfect solution. In the early XX century, these institutions were enshrined in the legislation of some Western states and proved rather effective. The so-called second wave of direct democracy occurred after 1950s, and institutions of direct democracy became even more widespread. This process reached its peak in the late XX – early XXI centuries. As a result, they predominate in the current US legislation. The USA are currently going through a further rise in direct democracy, which is even more implemented into the legal system. The American experience of direct democracy is of considerable interest to Russia as it may help to improve the domestic state mechanisms of making socially important decisions.
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