合法性与选举

那么,乌克兰现在拥有了一个合法政府,还是没有呢?维克托·尤先科赢得52%的多数选票当选,他的对手赢得44%。观察员确认选举中的违规因素并没有起到关键性作用,但很多疑问尚存。落败的候选人维克托·亚努科维奇置疑选举结果,整个国家已成明显的分裂态势。顿涅茨克的矿工这回会身着红色衣服,掀起又 一次革命,来和尤先科的支持者旨在抗议初次选举明显不合法的选举结果而上演的“橙色革命”唱对台戏吗?在乌克兰东部会发生“脱离”运动吗?

合法性是稳定的民主政治很微妙而且绝对重要的一个特征,同时它也很复杂。就在美国最高法院宣布结束佛州重新计票工作,布什只保住了全国的少数选票便就职的情况下,第一任期的乔治·W·布什能说是合法当选的美国总统吗?一些似乎博得了90%多数票的前苏维埃共和国的总统们都是合法当选的吗?正在运筹之中的伊拉克大选在内部和外部程序上都将具有合法性吗?

重要的是记住即使选举被认为是自由、公正的,其本身也并不能保证合法性。 美国人认为这很难理解,幸运地生活在盎格鲁-撒克逊民主政治中的英国人也对此深感疑惑。对于他们来说,合法性仅仅意味着按照无可置辩的选举规则进行投票和计票那么简单。他们认为,法定的就是合法的。

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