美国联邦政府机关之间的立法博弈及其启示

Discussion on Legislative Game Among the Government of the United States of America

"三权分立"是美国宪法的重要原则之一。立法权、行政权和司法权之间并无绝对的分野和界限。国会是美国的立法机关,但总统和联邦最高法院依照法律规定或在实际上也享有一定程度的立法权。立法权的这种分配模式,为联邦政府机关之间进行立法博弈提供了广阔的平台。文章重点研究了三权在美国宪政模式下的立法博弈途径及其对美国立法的影响。

The system of checks and balances is an important part of the Constitution of The United States. The federal government was divided into three branches which include legislative, executive and judicial. With checks and balances, each of the three branches can limit the powers of the others. However, there is no clear boundary among three branches, the Federal President and the Supreme Court also share the legislative power to some extent with Congress. This model of power - sharing provides the agency of the government with the platform of legislative game. This paper focuses on the the meth- ods of the legislative game between the government of The United States and the influences which brings to American legislation. Hopefully, it would be benefit to the research on the law -making process in China.