宪法危机理论_以美国内战与重建时期为例的阐释.pdf

( ) 2004 5 ( 59 ) : 2004 6 11- 12 , : 欧阳景根 : : , , ; , , , : : Abstract:The constitutional crisis occurs under the follow ing tw o conditions : f irstly, the articles in the constitution are vagu e enough to result in the disputes in interpreting the constitution ; secondly, the issu es prescribed by these vagu e consti- tutional articles h ave developed into real and basic political problem s in reality Through an historical review on the case of American Civil War and Reconstru ction , the author holds that there are three vagu e points in the American Federal Constitu- tion which accords w ith the conditions m entioned hereof and in the long run led to the constitutional crisis: Federalism and the sovereignty ascription , republicanism and slavery, civil identity and civil right s The three problems w ere also the signif- icant ones which had been tried to resolve during the American Civil War and the Reconstru ction and did be resolved through violent m eans Key words: constitutional crisis, Am erican Civil War, federalism , republicanism 一宪法危机理论 , , , , ( , ) , ; ; , , , , : 10087 1 ,