论文部分内容阅读
执行一体论是当前美国法学界与政治学界一种非常盛行的理论,被用来为总统作为执行部门首席执行官的主张进行辩护。执行一体论虽然是在里根总统时代正式登上舞台,但其制度根源在于“执政”(executive)与“施政”(administration)的区分。执行一体论具有强弱不同的版本,其主要的理论依据是总统通过控制行政部门而对全体人民负责,从而实现民主正当性并追求政策层面的统一。然而执行一体论在文本、结构以及原旨层面都有进一步探讨的空间,在具体制度的安排方面也无法全然支持执行一体论的内容。在理论上,民主正当性与职能专业化等所支持的独立性存在冲突,而且执行一体论并不是保证行政部门民主正当性的唯一方式。就其未来发展而言,应该警惕全权式的执行一体论。
The implementation of one-body theory is a very popular theory in current American jurisprudence and political scholarship and is used to justify the president’s claim as chief executive officer of the executive branch. Although the implementation of the oneness theory was officially brought to the stage during President Reagan’s era, the system was rooted in the distinction between “executive” and “administration.” The main theory is that the president is responsible to the entire people by controlling the executive branch so as to realize the legitimacy of democracy and pursue the unification of the policy level. However, there is room for further discussion on the integration of the text in the text, the structure and the purpose, and the implementation of the one-body content can not be fully supported in the concrete arrangement of the system. In theory, there is a conflict between the legitimacy of democracy and the independence of functional support, and the implementation of one-body theory is not the only way to guarantee the democratic legitimacy of the executive branch. In terms of its future development, vigorous implementation of oneness should be wary.