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American Government And American Constitutionalism

Posted on:2008-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhuFull Text:PDF
GTID:2166360215972404Subject:Legal history
Abstract/Summary:PDF Full Text Request
Since the United States founded its democratic constitution in 1786, constitutional factors had hastened outstanding fruits in fields of international affairs,economics,science and culture,thus are concerned more and more by the world.Being set in the 54th Presidential Election of USA, this article narrates how republican candidate Bush, when run against democrats candidate Gore, used the protest and contest system in Florida Election Law to launch the proceeding in State Court for a favorable election result. Then he used the Presidential System of the Constitution, equal rights and ?Safe Port'system to start up the proceeding in Supreme Court for a final verdict. Also, the article reviews justment cases of Supreme Court and the democratic framework of general election that constitutionalists had built up for eradicating monarchy, highlights that liberty of speech & publication is a basic condition for citizens to participate in politics, narrates that the volkswil and public opinions mean importantly to restrict presidential election and term, proves that a constitution that solves benefit dispute grounds people, governments and the entire political life, and such a constitution is reliant on the upholding and developing of the Lord Justices in Supreme Court.Via the contents above, the article aims to discover that American constitution, whose cultural background is formed by the judicial reviews of Supreme Court, realizes its political value with lateral balance of power separation and longitudinal balance of two level governments, and emphasizes it is the foundation of American democracy that people restrict the government by periodical direct or indirect election. Thus this avoids, which happens in many literatures about American constitutional system, to highlight the lateral and longitudinal checking and balancing of two level governments, and avoids lack of phenomena that people's restricting is the essence of American democracy.
Keywords/Search Tags:constitutionalism, universal suffrage, democracy, Bush v. Gore, American constitution
PDF Full Text Request
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