黎巴嫩内阁中的比例代表制:违宪的忏悔等级制度?

Q2 Social Sciences Global Journal of Comparative Law Pub Date : 2022-03-23 DOI:10.1163/2211906x-11010005
Sammy Badran
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引用次数: 0

摘要

多年来,控制黎巴嫩国家机构运作的教派权力分享心态成功地在任命高级公职人员方面推行了许多坚定不移的做法。在行政权力层面,这些宗教“制宪会议”加剧了不同宗教派别之间的不平等,自《塔伊夫协定》以来,在所谓的“主权部委”内部,事实上的垄断现象一直存在,《多哈协议》也加强了这一点。此外,黎巴嫩议会集团为获得“服务部”而斗争,这些服务部往往是客户主义机制的一个组成部分,目的是为其政治客户提供更多的“好处”。事实上,在黎巴嫩等分裂严重的社会的国家机构中,不同宗教信仰的政治代表性是通过政治相称原则来确保和保障的。按照这一逻辑,维护黎巴嫩内阁内部的宗教平衡是政治制度稳定的关键先决条件之一,而政治制度稳定对部长会议的运作至关重要。行政权力的优先权不再集中在某一宗教教派的一个人手中,而是通过包括黎巴嫩各主要社区在内的合议庭行使。尽管如此,由于一些违宪的做法,内阁内部的等级制度减轻了这种相称性,因为这种相称性寻求更好地代表宗教阶层。
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Proportional Representation in Lebanese Cabinets: An Unconstitutional Confessional Hierarchy?
The confessional power-sharing mentality that governs the functioning of the Lebanese State apparatus has succeeded in imposing, over the years, many unwavering practices relating to the appointment of senior public officers. At the level of executive power, these confessional ‘constitutional conventions’ exacerbate the inequality between the different religious sects, where a de facto monopolisation within the so-called ‘Sovereign Ministries’ continues to be seen, ever since the Taif Agreement and reinforced by the Doha Accord. Furthermore, Lebanese parliamentary blocs fight to obtain ‘service ministries’, which are often an integral part of the machinery of clientelism, for the purpose of providing more ‘favours’ to their political clients. In fact, the political representation of the different religious confessions within the state institutions of deeply divided societies such as Lebanon, is ensured and guaranteed by the adoption of the principle of political proportionality. Following this logic, preserving the religious balance within the Lebanese Cabinet is one of the key prerequisites of the political system’s stability, which is essential to the functioning of the Council of Ministers. Prerogatives of the executive power are no longer concentrated in the hands of a single person belonging to a given religious confession, but are exercised through a collegial cabinet, which includes the main various Lebanese communities. Nevertheless, this proportionality, which sought a better representation of the religious segments, is mitigated by a hierarchy within the cabinet due to several unconstitutional practices.
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来源期刊
Global Journal of Comparative Law
Global Journal of Comparative Law Social Sciences-Law
CiteScore
0.90
自引率
0.00%
发文量
15
期刊介绍: The Global Journal of Comparative Law is a peer reviewed periodical that provides a dynamic platform for the dissemination of ideas on comparative law and reports on developments in the field of comparative law from all parts of the world. In our contemporary globalized world, it is almost impossible to isolate developments in the law in one jurisdiction or society from another. At the same time, what is traditionally called comparative law is increasingly subsumed under aspects of International Law. The Global Journal of Comparative Law therefore aims to maintain the discipline of comparative legal studies as vigorous and dynamic by deepening the space for comparative work in its transnational context.
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