二戰後的聯邦德國痛定思痛，記取威瑪共和失敗的經驗，雙管齊下，重建民主。其除了在基本法中採用議會制的憲政體制和建設性不信任投票的機制外，更增列對違反民主原則或意圖推翻民主憲政體制的政黨之處罰規定，建立起所謂的「防禦性民主」。另外，大規模的政治文化改造運動，民主文化被有計畫地塑造，加上戰後聯邦德國的經濟持續繁榮，產生了大量的中產階級，除了有利於民主文化的出現，也導致政黨體系集中化與穩定化。在制度輸出面「產出效果」(output effect)的有利基礎上，再進一步創造「制度效果」(system effect)，終於成就了聯邦德國民主化的成功。
As the first democracy in German history, the Weimar Republic was “a sick democracy”, and “a democracy without democrats” ever since it was born. The composers of the Weimar Constitution not only constructed a so-called “procedural democracy”, but also gave the extreme power to the people-elected president – semi-presidentialism – based on the foundation of parliamentary system. Furthermore, accompanied with a political climate that lacked democratic culture and existing parties that were essentially against the system, the Weimar Constitution failed to assume its power to protect the democracy, and eventually it became a Trojan horse by which Adolf Hitler utilized to legally murder democracy during the parliamentary chaos.
After WWII, Federal Germany learned from the lesson of failure from the Weimar Republic and tried to reconstruct democracy by two measures: adopting the constitutional system of parliamentarism under the basic law and the mechanism of constructive vote of non-confidence, and implementing punitive rules to regulate any parties that violate the democratic principles or have the intention to overturn the democratic constitutional system – the so-called “defensive democracy.” Moreover, large-scale political culture reforms and the emergence of a large middle class resulted from continuous economic prosperity of the post-war Federal Germany not only benefited the rising of democratic culture, but also concentrated and stabilized party systems. The fact of further creation of the “system effect” based on favorable systematic “output effect” had thus achieved the success of Federal Germany’s democratization.
受到越來越多新興民主國家制訂半總統制憲法的影響，對於半總統制的相關研究也越來越受到重視。依照學界對半總統制的定義，威瑪共和與芬蘭都在 1919 年設計出符合半總統制內涵的憲法，可說是當代最早的兩個半總統制的個案。這兩個國家的憲政運作卻有完全相反的結果:威瑪在 1933 年崩潰，而芬蘭先是渡過經濟危機，更在 80 年代逐漸往議會制轉型。本文擬就制度與非制度因素的互動，討論這兩個個案運作的迥異結果。本文將從憲法理論做比較的出發點，分析兩種不同理論基礎的半總統制憲..
As democratization spread in Eastern and Central Europe over the last two decades, Semi-Presidentialism has become a concept with more attention paid when discussing constitutional issues. By definition, the Weimar Republic and Finland were two of the initial experiments of semi- presidentialism. However, the constitutional practices in the Weimar Republic and Finland are worlds apart. Both semi-presidential, the Weimar Republic had broken down but Finland became a quasi-parliamentary democracy. This paper intends on discussi..
The so-called semi-presidentialism designs a system that popularly elects both the president and the parliament. Under the dual-election design, the parliament theoretically should own more check and balance power than a parliament that gives rise to the cabinet. However, whether the parliament under semi-presidentialism in practice is indeed equipped with more oversight capacity than that of a cabinet system’s parliament has been rarely studied in prior literature. This paper tries to study this theoretically inte..
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