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Election Research, And Its Related Rights

Posted on:2003-12-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y Q WangFull Text:PDF
GTID:1116360065962118Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The relationship between the operation of rights relevant to election and democratic election is discussed in this thesis, and America election is taken as an example, and the genetic mechanism of the relevant rights to democratic election as the base point. The framework of this thesis is structured as follow: democracy is regarded as the essential goal and the value trend of the contemporary election; democratic election is defined as free, fair election; democratic election needs the guarantee of law, however, the safeguard of rights and procedure is the core of the guarantee of law; the civil rights system needed by free, fair election; The operation and enforcement of these rights in America election; the contradiction or motivation which promotes election to democratize really and to develop is demonstrated by analysis on the relationship between enforcement of rights and reality of election.There are five chapters in this thesis.Democracy is the basic target and value trend of elettion, democratic election is free, fair election. Freedom refers to that the voter who did not go to vote do not worry about being revenged, and he can express his choice unconstrainedly; candidates' freedom participating in competitive election is not limited illegally. Justice refers to that voters, candidates have the fair opportunity to participate in voting, campaign and to be selected, election results are objective and true, and the return results are compatible with the choice of voters (the collective). Free, fair election needs the guarantee of law, and the guarantee of rights is the core of that of law. The basic right essential in free, fair election is: voters have the right to vote on the basis of non-discrimination, and the complete right of their choice being respected; voters' voting is endowed with the same right as others; voters have the right to vote by ballot without any limitation; and they have the voting freedom; voters have the right to seek, get, convey information and the right to make a choice on the basis of being in the know; the freedom and right of candidates participating in election campaign.Suffrage: the theoretical character of suffrage and the equal voting right is analyzed. American have attained the equal voting rights after a long-term struggle. However, the system setting and operation cannot guarantee the realization of voters' equal voting right. For example, Electoral College System is a system against the equality principle about the voting right in logic, but it accords with America democracy, and there is groundwork to exist, this phenomenon reflect, to some extent, the particular contradiction in America society-the contradiction between the politics ideality of democracy and the non-democracy over the wealth distribution; also reflect the contradiction in the value of election, and this is a popular rule.In America, the freedom of speech is protected by the first and the fourteenth Amendment of the Federal Constitution. The thesis mainly analyzes the freedom of expression of media-the freedom of news and its function in election, its influence on America electoral politics. Additionally, wealth, political party and interest groups ' effect on election is also discussed in this chapter.The right to know is the necessary for the competitive election, and it is also the precondition for voters to practice their rights to vote. During the election, voters' right to know should include: the complete situation and information about the election process; The complete situation about the election campaign among candidates; the policy and politics opinion of the candidatesparticipating in the campaign; the politics of every political party organizing the campaign; the candidates' personal situation relevant to the election campaign and coming in: the personality, the ability to be a leader and the qualities. America is the country whose regulations about the right to know is relatively perfect, however, the right to know is only satisfied superficially and lack of object...
Keywords/Search Tags:Electoral system, democratic election, civil rights
PDF Full Text Request
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